Criminal Justice Act 2003
In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60).
In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited article), at the end of paragraph (d) there is inserted ; and
In section 16 of the 1984 Act (execution of warrants), after subsection (2) there is inserted—
Schedule 1A to the 1984 Act (specific offences which are arrestable offences) is amended as follows.
After paragraph 2 there is inserted—
After paragraph 6 there is inserted—
After paragraph 17 there is inserted—
Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.
For subsection (1) there is substituted—
In subsection (2) for “subsection (1)” there is substituted “subsection (1A)”.
For subsection (7) there is substituted—
For subsections (10) and (11) there is substituted—
In subsection (12) for “subsection (1)” there is substituted “subsection (1A) or section 30A”.
After section 30 there is inserted—
The 1984 Act is amended as follows.
In section 38 (duties of custody officer after charge)—
in subsection (1)—
for sub-paragraph (iiia) of paragraph (a) there is substituted—,
in sub-paragraph (i) of paragraph (b), after “satisfied” there is inserted “(but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age)”,
“minimum age” means the age specified in section 63B(3) below;
In section 63B (testing for presence of Class A drugs)—
in subsection (3), for “18” there is substituted “14”,
after subsection (5) there is inserted—,
after subsection (6) there is inserted—,
after subsection (8) there is inserted—
For section 40A(1) and (2) of the 1984 Act (use of telephone for review under s.40) there is substituted—
In section 42(1) of the 1984 Act (conditions to be satisfied before detention without charge may be extended from 24 to 36 hours), for paragraph (b) there is substituted—.
In subsection (1) of section 54 of the 1984 Act (which requires the custody officer at a police station to ascertain and record everything which a detained person has with him), there is omitted “and record or cause to be recorded”.
For subsection (2) of that section (record of arrested person to be made as part of custody record) there is substituted—
Section 61 of the 1984 Act (fingerprinting) is amended as follows.
For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—
In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to “subsection (3) above” there is substituted “Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police”.
In subsection (5) (authorisation to be given or confirmed in writing) for “subsection (3)(a) or (4A)” there is substituted “subsection (4A)”.
In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “subsection (3), (4) or (6)”.
Section 63 of the 1984 Act (other samples) is amended as follows.
After subsection (2) (consent to be given in writing) there is inserted—
In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police detention or” are omitted.
In subsection (3A) (taking of samples without appropriate consent after charge) for “(whether or not he falls within subsection (3)(a) above)” there is substituted “(whether or not he is in police detention or held in custody by the police on the authority of a court)”.
In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “subsection (2A), (3A)”.
In section 67 of the 1984 Act (supplementary provisions about codes), for subsections (1) to (7C) there is substituted—
Section 113 of the 1984 Act (application of Act to armed forces) is amended as follows.
After subsection (3) there is inserted—
For subsections (5) to (7) there is substituted—
Schedule 1 (which makes amendments related to the provisions of this Part) has effect.
In section 3(6) of the 1976 Act (which sets out cases where bail conditions may be imposed)—
the words “to secure that” are omitted,
the words “to secure that” are inserted at the beginning of each of paragraphs (a) to (e),
after paragraph (c) there is inserted—,
for “or (c)” there is substituted “, (c) or (ca)”.
In section 3A(5) of the 1976 Act (no conditions may be imposed under section 3(4), (5), (6) or (7) unless necessary for certain purposes)—
the words “for the purpose of preventing that person from” are omitted,
the words “for the purpose of preventing that person from” are inserted at the beginning of each of paragraphs (a) to (c),
after paragraph (c) there is inserted or
In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (no conditions may be imposed under section 3(4) to (7) unless necessary to do so for certain purposes) for the words from “that it is necessary to do so” onwards there is substituted that it is necessary to do so—
For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail where he was on bail on date of offence) there is substituted—
After paragraph 9 of that Part there is inserted—
For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—
This section applies where a magistrates' court grants bail to a person (“the person concerned”) on adjourning a case under—
section 10 of the Magistrates' Courts Act 1980 (c. 43) (adjournment of trial),
section 17C of that Act (intention as to plea: adjournment),
section 18 of that Act (initial procedure on information against adult for offence triable either way),
section 24C of that Act (intention as to plea by child or young person: adjournment),
section 52(5) of the Crime and Disorder Act 1998 (c. 37) (adjournment of proceedings under section 51 etc), or
section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (remand for medical examination).
Subject to the following provisions of this section, the person concerned may appeal to the Crown Court against any condition of bail falling within subsection (3).
A condition of bail falls within this subsection if it is a requirement—
that the person concerned resides away from a particular place or area,
that the person concerned resides at a particular place other than a bail hostel,
for the provision of a surety or sureties or the giving of a security,
that the person concerned remains indoors between certain hours,
imposed under section 3(6ZAA) of the 1976 Act (requirements with respect to electronic monitoring), or
that the person concerned makes no contact with another person.
An appeal under this section may not be brought unless subsection (5) or (6) applies.
This subsection applies if an application to the magistrates' court under section 3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was made and determined before the appeal was brought.
This subsection applies if an application to the magistrates' court— was made and determined before the appeal was brought.
under section 3(8)(b) of the 1976 Act (application by constable or prosecutor), or
under section 5B(1) of that Act (application by prosecutor),
On an appeal under this section the Crown Court may vary the conditions of bail.
Where the Crown Court determines an appeal under this section, the person concerned may not bring any further appeal under this section in respect of the conditions of bail unless an application or a further application to the magistrates' court under section 3(8)(a) of the 1976 Act is made and determined after the appeal.
In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of High Court to grant, or vary conditions of, bail)—
after “Where” there is inserted “(a)”, and
after “proceedings,”, in the second place where it occurs, there is inserted and.
The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court— is abolished.
has granted or withheld bail, or
has varied the conditions of bail,
The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined— is abolished.
an application under section 3(8) of the 1976 Act, or
an application under section 81(1)(a), (b), (c) or (g) of the Supreme Court Act 1981 (c. 54),
The High Court is to have no power to entertain an application in relation to bail where the Crown Court has determined an appeal under section 16 of this Act.
The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.
Nothing in this section affects—
any other power of the High Court to grant or withhold bail or to vary the conditions of bail, or
any right of a person to apply for a writ of habeas corpus or any other prerogative remedy.
Any reference in this section to an application in relation to bail is to be read as including—
an application for bail to be granted,
an application for bail to be withheld,
an application for the conditions of bail to be varied.
Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.
Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal) is amended as follows.
For subsection (1) (prosecution may appeal to Crown Court judge against bail in case of offence punishable by imprisonment for five years or more etc) there is substituted—
In subsection (10)(a) for “punishable by a term of imprisonment” there is substituted “punishable by imprisonment”.
The 1976 Act is amended as follows.
In section 3 (general provisions), after subsection (6B) there is inserted—
In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)” there is substituted “and (6A) to (6F)”.
In Schedule 1 (which contains supplementary provisions about bail), in Part 1 (imprisonable offences)—
after paragraph 6 there is inserted—,
in paragraph 8(1), for “(4) to (7)” there is substituted “(4) to (6B) or (7)”.
Where the defendant falls within one or more of paragraphs 2A, 6 and 6B of this Part of this Schedule, this paragraph shall not apply unless—
In paragraph 9 of that Part (matters to be taken into account in making decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is substituted “2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A,”.
In this Part—
“bail” means bail in criminal proceedings (within the meaning of the 1976 Act),
“bail hostel” has the meaning given by section 2(2) of the 1976 Act,
“the 1987 Act” means the Criminal Justice Act 1987 (c. 38),
“vary” has the same meaning as in the 1976 Act.
An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.
In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
The conditions which may be attached to such a caution are those which have either or both of the following objects—
facilitating the rehabilitation of the offender,
ensuring that he makes reparation for the offence.
In this Part “authorised person” means—
a constable,
an investigating officer, or
a person authorised by a relevant prosecutor for the purposes of this section.
The first requirement is that the authorised person has evidence that the offender has committed an offence.
The second requirement is that a relevant prosecutor decides—
that there is sufficient evidence to charge the offender with the offence, and
that a conditional caution should be given to the offender in respect of the offence.
The third requirement is that the offender admits to the authorised person that he committed the offence.
The fourth requirement is that the authorised person explains the effect of the conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence.
The fifth requirement is that the offender signs a document which contains—
details of the offence,
an admission by him that he committed the offence,
his consent to being given the conditional caution, and
the conditions attached to the caution.
If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, criminal proceedings may be instituted against the person for the offence in question.
The document mentioned in section 23(5) is to be admissible in such proceedings.
Where such proceedings are instituted, the conditional caution is to cease to have effect.
The Secretary of State must prepare a code of practice in relation to conditional cautions.
The code may, in particular, include provision as to—
the circumstances in which conditional cautions may be given,
the procedure to be followed in connection with the giving of such cautions,
the conditions which may be attached to such cautions and the time for which they may have effect,
the category of constable or investigating officer by whom such cautions may be given,
the persons who may be authorised by a relevant prosecutor for the purposes of section 22,
the form which such cautions are to take and the manner in which they are to be given and recorded,
the places where such cautions may be given, and
the monitoring of compliance with conditions attached to such cautions.
After preparing a draft of the code the Secretary of State— but he may not publish or amend the draft without the consent of the Attorney General.
must publish the draft,
must consider any representations made to him about the draft, and
may amend the draft accordingly,
After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.
When he has done so he may bring the code into force by order.
The Secretary of State may from time to time revise a code of practice brought into force under this section.
Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.
Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.
After subsection (1) there is inserted—
After subsection (3) there is inserted—
In this Part—
“authorised person” has the meaning given by section 22(4),
“prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;
“statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.
“programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),
the Director of the Serious Fraud Office,
the Commissioners of Inland Revenue,
Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.
A public prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.
Where a public prosecutor issues a written charge, it must at the same time issue a document (a “requisition”) which requires the person to appear before a magistrates' court to answer the written charge.
The written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.
In consequence of subsections (1) to (3), a public prosecutor is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).
In this section “public prosecutor” means—
a police force or a person authorised by a police force to institute criminal proceedings,
the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,
the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,
the Attorney General or a person authorised by him to institute criminal proceedings,
a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,
the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,
the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or
a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.
In subsection (5) “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).
Rules under section 144 of the Magistrates' Courts Act 1980 may make—
provision as to the form, content, recording, authentication and service of written charges or requisitions, and
such other provision in relation to written charges or requisitions as appears to the Lord Chancellor to be necessary or expedient.
Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—
which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
for or in connection with the issue of further requisitions.
Nothing in subsection (1) or (2) is to be taken as affecting the generality of section 144(1) of that Act.
Nothing in section 29 affects—
the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),
the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or
any power to charge a person with an offence whilst he is in custody.
Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a public prosecutor issuing a requisition).
Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.
The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.
In this section “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29.
In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted.
In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated on oath and” are omitted.
For subsection (3A)(a) of that section there is substituted—.
In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part referred to as “the 1996 Act”), in subsection (1)(a) of section 3 (primary disclosure by prosecutor)—
for “in the prosecutor’s opinion might undermine” there is substituted “might reasonably be considered capable of undermining”;
after “against the accused” there is inserted “or of assisting the case for the accused”.
In section 5 of the 1996 Act (compulsory disclosure by accused), after subsection (5) there is inserted—
After section 6 of that Act there is inserted—
After section 6A of that Act (inserted by subsection (2) above) there is inserted—
After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—
After section 6C of the 1996 Act (inserted by section 34 above) there is inserted—
After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—
Before section 8 of the 1996 Act there is inserted—
In section 8 of the 1996 Act (application by accused for disclosure), for subsections (1) and (2) there is substituted—
For section 11 of the 1996 Act there is substituted—
In Part 1 of the 1996 Act after section 21 there is inserted—
Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.
The Magistrates' Courts Act 1980 is amended as follows.
In section 24 (summary trial of information against child or young person for indictable offence)—
in subsection (1), for “homicide” there is substituted “one falling within subsection (1B) below”,
in subsection (1A)(a), for “of homicide” there is substituted “falling within subsection (1B) below”,
after subsection (1A), there is inserted—
In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “one falling within section 24(1B) above”.
This section applies where—
one or more defendants are to be tried on indictment for one or more offences, and
notice has been given under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect of that offence or those offences.
The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
If an application under subsection (2) is made and the judge is satisfied that the condition in subsection (5) is fulfilled, he may make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
The judge may not make such an order without the approval of the Lord Chief Justice or a judge nominated by him.
The condition is that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.
In deciding whether or not he is satisfied that that condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial.
But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution.
This section applies where one or more defendants are to be tried on indictment for one or more offences.
The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
The first condition is that there is evidence of a real and present danger that jury tampering would take place.
The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.
The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—
a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,
a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,
a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.
This section applies—
to an application under section 43, and
to an application under section 44.
An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).
The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—.
In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application,”.
In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—
In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—.
In subsections (3) and (4) of that section for “subsection (1)” there is substituted “this section”.
In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application,”.
In this section—
“service offence” means an offence under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
This section applies where—
a judge is minded during a trial on indictment to discharge the jury, and
he is so minded because jury tampering appears to have taken place.
Before taking any steps to discharge the jury, the judge must—
inform the parties that he is minded to discharge the jury,
inform the parties of the grounds on which he is so minded, and
allow the parties an opportunity to make representations.
Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied— but this is subject to subsection (4).
that jury tampering has taken place, and
that to continue the trial without a jury would be fair to the defendant or defendants;
If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.
Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.
Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.
Subject to subsection (5), nothing in this section affects the application of section 43 or 44 in relation to any new trial which takes place following the termination of the trial.
An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).
Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
An order from which an appeal under this section lies is not to take effect—
before the expiration of the period for bringing an appeal under this section, or
if such an appeal is brought, before the appeal is finally disposed of or abandoned.
On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and
references in this section to the Court of Appeal are to be construed as references to that division.
In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “or section 47 of the Criminal Justice Act 2003”.
In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “or section 47 of the Criminal Justice Act 2003”.
The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).
The effect of an order under section 43, 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.
The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.
Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.
Where a trial is conducted or continued without a jury and the court convicts a defendant—
the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and
the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
Nothing in this Part affects—
the requirement under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that a question of fitness to be tried be determined by a jury, or
the requirement under section 4A of that Act that any question, finding or verdict mentioned in that section be determined, made or returned by a jury.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done.
Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
In its application to Northern Ireland this Part is to have effect—
subject to subsection (2), and
subject to the modifications in subsections (3) to (16).
This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.
For section 45 substitute—
For section 47(1) substitute—
In section 47(3) after “order” insert “or a refusal of an application”.
In section 47(4) for “confirm or revoke the order” substitute—.
Omit section 47(5).
For section 47(6) substitute—
For section 47(7) substitute—
In section 47(8) for “Criminal Appeal Act 1968” substitute “Criminal Appeal (Northern Ireland) Act 1980”.
In section 48(4) after “enactment” insert “(including any provision of Northern Ireland legislation)”.
For section 48(5)(b) substitute—
In section 48(6)—
for “section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)” substitute “Article 49 of the Mental Health (Northern Ireland) Order 1986”,
for “section 4A of that Act” substitute “Article 49A of that Order”, and
for “that section” substitute “that Article”.
After section 48 insert—
For section 49(2) substitute—
In section 49(3)—
after “section” insert “or section 45(2)(b)”, and
after “enactment” insert “(including any provision of Northern Ireland legislation)”.
A witness (other than the defendant) may, if the court so directs, give evidence through a live link in the following criminal proceedings.
They are—
a summary trial,
an appeal to the Crown Court arising out of such a trial,
a trial on indictment,
an appeal to the criminal division of the Court of Appeal,
the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 (c. 35),
a hearing before a magistrates' court or the Crown Court which is held after the defendant has entered a plea of guilty, and
a hearing before the Court of Appeal under section 80 of this Act.
A direction may be given under this section—
on an application by a party to the proceedings, or
of the court’s own motion.
But a direction may not be given under this section unless—
the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link,
it has been notified by the Secretary of State that suitable facilities for receiving evidence through a live link are available in the area in which it appears to the court that the proceedings will take place, and
that notification has not been withdrawn.
The withdrawal of such a notification is not to affect a direction given under this section before that withdrawal.
In deciding whether to give a direction under this section the court must consider all the circumstances of the case.
Those circumstances include in particular—
the availability of the witness,
the need for the witness to attend in person,
the importance of the witness’s evidence to the proceedings,
the views of the witness,
the suitability of the facilities at the place where the witness would give evidence through a live link,
whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence.
The court must state in open court its reasons for refusing an application for a direction under this section and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.
Subsection (2) applies where the court gives a direction under section 51 for a person to give evidence through a live link in particular proceedings.
The person concerned may not give evidence in those proceedings after the direction is given otherwise than through a live link (but this is subject to the following provisions of this section).
The court may rescind a direction under section 51 if it appears to the court to be in the interests of justice to do so.
Where it does so, the person concerned shall cease to be able to give evidence in the proceedings through a live link, but this does not prevent the court from giving a further direction under section 51 in relation to him.
A direction under section 51 may be rescinded under subsection (3)—
on an application by a party to the proceedings, or
of the court’s own motion.
But an application may not be made under subsection (5)(a) unless there has been a material change of circumstances since the direction was given.
The court must state in open court its reasons— and, if it is a magistrates' court, must cause them to be entered in the register of its proceedings.
for rescinding a direction under section 51, or
for refusing an application to rescind such a direction,
This section applies where—
a magistrates' court is minded to give a direction under section 51 for evidence to be given through a live link in proceedings before the court, and
suitable facilities for receiving such evidence are not available at any petty-sessional court-house in which the court can (apart from subsection (2)) lawfully sit.
The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been appointed for the purposes of this section by the justices acting for the petty sessions area for which the court acts.
A place appointed under subsection (2) may be outside the petty sessions area for which it is appointed; but (if so) it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting for that area.
This section applies where, as a result of a direction under section 51, evidence has been given through a live link in proceedings before the Crown Court.
The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
Rules of court may in particular make provision—
as to the procedure to be followed in connection with applications under section 51 or 52, and
as to the arrangements or safeguards to be put in place in connection with the operation of live links.
The provision which may be made by virtue of subsection (2)(a) includes provision—
for uncontested applications to be determined by the court without a hearing,
for preventing the renewal of an unsuccessful application under section 51 unless there has been a material change of circumstances,
for the manner in which confidential or sensitive information is to be treated in connection with an application under section 51 or 52 and in particular as to its being disclosed to, or withheld from, a party to the proceedings.
Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court.
In this Part—
“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred,
In this Part “live link” means a live television link or other arrangement by which a witness, while at a place in the United Kingdom which is outside the building where the proceedings are being held, is able to see and hear a person at the place where the proceedings are being held and to be seen and heard by the following persons.
They are—
the defendant or defendants,
the judge or justices (or both) and the jury (if there is one),
legal representatives acting in the proceedings, and
any interpreter or other person appointed by the court to assist the witness.
The extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing is to be disregarded for the purposes of subsection (2).
Nothing in this Part is to be regarded as affecting any power of a court—
to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or
to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.
But the prosecution is to have no right of appeal under this Part in respect of—
a ruling that a jury be discharged, or
a ruling from which an appeal lies to the Court of Appeal by virtue of any other enactment.
An appeal under this Part is to lie to the Court of Appeal.
Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
This section applies where a judge makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.
The prosecution may appeal in respect of the ruling in accordance with this section.
The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).
The prosecution may not appeal in respect of the ruling unless—
following the making of the ruling, it—
informs the court that it intends to appeal, or
requests an adjournment to consider whether to appeal, and
if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.
If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.
Where the ruling relates to two or more offences—
any one or more of those offences may be the subject of the appeal, and
if the prosecution informs the court in accordance with subsection (4) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.
Where— that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
the ruling is a ruling that there is no case to answer, and
the prosecution, at the same time that it informs the court in accordance with subsection (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,
The prosecution may not inform the court in accordance with subsection (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in subsection (9) is fulfilled.
Those conditions are—
that leave to appeal to the Court of Appeal is not obtained, and
that the appeal is abandoned before it is determined by the Court of Appeal.
If the prosecution informs the court in accordance with subsection (4) that it intends to appeal, the ruling mentioned in subsection (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.
If and to the extent that a ruling has no effect in accordance with this section—
any consequences of the ruling are also to have no effect,
the judge may not take any steps in consequence of the ruling, and
if he does so, any such steps are also to have no effect.
Where the prosecution has informed the court of its agreement under subsection (8) and either of the conditions mentioned in subsection (9) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
In this section “applicable time”, in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the start of the judge’s summing-up to the jury.
Where the prosecution informs the court in accordance with section 58(4) that it intends to appeal, the judge must decide whether or not the appeal should be expedited.
If the judge decides that the appeal should be expedited, he may order an adjournment.
If the judge decides that the appeal should not be expedited, he may—
order an adjournment, or
discharge the jury (if one has been sworn).
If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).
This section applies where the prosecution informs the court in accordance with section 58(4) that it intends to appeal.
Proceedings may be continued in respect of any offence which is not the subject of the appeal.
On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
Subsections (3) to (5) apply where the appeal relates to a single ruling.
Where the Court of Appeal confirms the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
Where the Court of Appeal reverses or varies the ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
order that proceedings for that offence may be resumed in the Crown Court,
order that a fresh trial may take place in the Crown Court for that offence,
order that the defendant in relation to that offence be acquitted of that offence.
But the Court of Appeal may not make an order under subsection (4)(a) or (b) in respect of an offence unless it considers it necessary in the interests of justice to do so.
Subsections (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (4)(a) to (c) (but subject to subsection (5)).
The prosecution may, in accordance with this section and section 63, appeal in respect of—
a single qualifying evidentiary ruling, or
two or more qualifying evidentiary rulings.
A “qualifying evidentiary ruling” is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.
The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
If the prosecution intends to appeal under this section, it must before the opening of the case for the defence inform the court—
of its intention to do so, and
of the ruling or rulings to which the appeal relates.
In respect of the ruling, or each ruling, to which the appeal relates—
the qualifying offence, or at least one of the qualifying offences, to which the ruling relates must be the subject of the appeal, and
any other offence to which the ruling relates may, but need not, be the subject of the appeal.
The prosecution must, at the same time that it informs the court in accordance with subsection (5), inform the court of the offence or offences which are the subject of the appeal.
For the purposes of this section, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs—
evidence begins to be adduced by or on behalf of a defendant,
it is indicated to the court that no evidence will be adduced by or on behalf of a defendant,
a defendant’s case is opened, as permitted by section 2 of the Criminal Procedure Act 1865 (c. 18).
In this section—
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
The Secretary of State may by order amend that Part by doing any one or more of the following—
adding a description of offence,
removing a description of offence for the time being included,
modifying a description of offence for the time being included.
Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 58.
Leave to appeal may not be given in relation to an appeal under section 62 unless the judge or, as the case may be, the Court of Appeal is satisfied that the relevant condition is fulfilled.
In relation to an appeal in respect of a single qualifying evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution’s case in relation to the offence or offences which are the subject of the appeal.
In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution’s case in relation to the offence or offences which are the subject of the appeal.
Where the prosecution informs the court in accordance with section 62(5), the judge must decide whether or not the appeal should be expedited.
If the judge decides that the appeal should be expedited, he may order an adjournment.
If the judge decides that the appeal should not be expedited, he may—
order an adjournment, or
discharge the jury (if one has been sworn).
If he decides that the appeal should be expedited, he or the Court of Appeal may subsequently reverse that decision and, if it is reversed, the judge may act as mentioned in subsection (3)(a) or (b).
This section applies where the prosecution informs the court in accordance with section 62(5).
Proceedings may be continued in respect of any offence which is not the subject of the appeal.
On an appeal under section 62, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
In addition, the Court of Appeal must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
order that proceedings for that offence be resumed in the Crown Court,
order that a fresh trial may take place in the Crown Court for that offence,
order that the defendant in relation to that offence be acquitted of that offence.
But no order may be made under subsection (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence.
The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied—
that the ruling was wrong in law,
that the ruling involved an error of law or principle, or
that the ruling was a ruling that it was not reasonable for the judge to have made.
In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this Act” there is inserted “or Part 9 of the Criminal Justice Act 2003”.
In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there is inserted “Part 9 of the Criminal Justice Act 2003 or”.
In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 may be met out of central funds) after “hearings)” there is inserted “or under Part 9 of the Criminal Justice Act 2003”.
In section 18 (award of costs against accused) after subsection (2) there is inserted—
In subsection (6) after “subsection (2)” there is inserted “or (2A)”.
Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.
After subsection (6A) there is inserted—
Except as provided by this section no publication shall include a report of—
anything done under section 58, 59, 62, 63 or 64,
an appeal under this Part,
an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c).
The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
anything done under section 58, 59, 62, 63 or 64, or
an application to the judge for leave to appeal to the Court of Appeal under this Part.
The Court of Appeal may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
an appeal to the Court of Appeal under this Part,
an application to that Court for leave to appeal to it under this Part, or
an application to that Court for leave to appeal to the House of Lords under Part 2 of the 1968 Act.
The House of Lords may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
an appeal to that House under Part 2 of the 1968 Act, or
an application to that House for leave to appeal to it under Part 2 of that Act.
Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—
the judge, the Court of Appeal or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of the defendant, that it is in the interests of justice to do so, and
the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)—
the judge, the Court of Appeal or the House of Lords are to make the order if (and only if) satisfied, after hearing the representations of each of the defendants, that it is in the interests of justice to do so, and
the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
Subsection (1) does not apply to the inclusion in a publication of a report of— at the conclusion of the trial of the defendant or the last of the defendants to be tried.
anything done under section 58, 59, 62, 63 or 64,
an appeal under this Part,
an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c),
Subsection (1) does not apply to a report which contains only one or more of the following matters—
the identity of the court and the name of the judge,
the names, ages, home addresses and occupations of the defendant or defendants and witnesses,
the offence or offences, or a summary of them, with which the defendant or defendants are charged,
the names of counsel and solicitors in the proceedings,
where the proceedings are adjourned, the date and place to which they are adjourned,
any arrangements as to bail,
whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the defendant or any of the defendants.
The addresses that may be included in a report by virtue of subsection (8) are addresses—
at any relevant time, and
at the time of their inclusion in the publication.
Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.
In this section—
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant programme” means a programme included in a programme service.
This section applies if a publication includes a report in contravention of section 71.
Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
Where the publication is a relevant programme— is guilty of an offence.
any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
In the case of any other publication, any person publishing it is guilty of an offence.
If an offence under this section committed by a body corporate is proved— an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of,
In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.
Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for an offence under this section may not be instituted—
in England and Wales otherwise than by or with the consent of the Attorney General, or
in Northern Ireland otherwise than by or with the consent of—
before the relevant date, the Attorney General for Northern Ireland, or
on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
Without limiting subsection (1), rules of court may in particular make provision—
for time limits which are to apply in connection with any provisions of this Part,
as to procedures to be applied in connection with this Part,
enabling a single judge of the Court of Appeal to give leave to appeal under this Part or to exercise the power of the Court of Appeal under section 58(12).
Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
In this Part—
Crown Court Rules;
“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
Any reference in this Part (other than section 73(2)(c)) to a judge is a reference to a judge of the Crown Court.
There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 58(4) or 62(5).
Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.
Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
references in this Part to the Court of Appeal are to be construed as references to that division.
This Part applies where a person has been acquitted of a qualifying offence in proceedings—
on indictment in England and Wales,
on appeal against a conviction, verdict or finding in proceedings on indictment in England and Wales, or
on appeal from a decision on such an appeal.
A person acquitted of an offence in proceedings mentioned in subsection (1) is treated for the purposes of that subsection as also acquitted of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except an offence—
of which he has been convicted,
of which he has been found not guilty by reason of insanity, or
in respect of which, in proceedings where he has been found to be under a disability (as defined by section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him.
References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was the subject of an order under section 77(1) or (3).
This Part also applies where a person has been acquitted, in proceedings elsewhere than in the United Kingdom, of an offence under the law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of a qualifying offence.
Conduct punishable under the law in force elsewhere than in the United Kingdom is an offence under that law for the purposes of subsection (4), however it is described in that law.
This Part applies whether the acquittal was before or after the passing of this Act.
References in this Part to acquittal are to acquittal in circumstances within subsection (1) or (4).
In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.
A prosecutor may apply to the Court of Appeal for an order—
quashing a person’s acquittal in proceedings within section 75(1), and
ordering him to be retried for the qualifying offence.
A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—
a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and
if it is, an order that the acquittal is not to be a bar.
A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.
The Director of Public Prosecutions may give his consent only if satisfied that—
there is evidence as respects which the requirements of section 78 appear to be met,
it is in the public interest for the application to proceed, and
any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union relating to the principle of ne bis in idem.
Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.
On an application under section 76(1), the Court of Appeal—
if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
otherwise, must dismiss the application.
Subsections (3) and (4) apply to an application under section 76(2).
Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.
Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.
The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying offence.
Evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).
Evidence is compelling if—
it is reliable,
it is substantial, and
in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.
The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.
For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.
The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
That question is to be determined having regard in particular to—
whether existing circumstances make a fair trial unlikely;
for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;
whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.
In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.
Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.
A prosecutor who wishes to make an application under section 76(1) or (2) must give notice of the application to the Court of Appeal.
Within two days beginning with the day on which any such notice is given, notice of the application must be served by the prosecutor on the person to whom the application relates, charging him with the offence to which it relates or, if he has been charged with it in accordance with section 87(4), stating that he has been so charged.
Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom.
The Court of Appeal must consider the application at a hearing.
The person to whom the application relates—
is entitled to be present at the hearing, although he may be in custody, unless he is in custody elsewhere than in England and Wales or Northern Ireland, and
is entitled to be represented at the hearing, whether he is present or not.
For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—
order the production of any document, exhibit or other thing, the production of which appears to the court to be necessary for the determination of the application, and
order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the court.
The Court of Appeal may at one hearing consider more than one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment.
The Criminal Appeal Act 1968 (c. 19) is amended as follows.
In section 33 (right of appeal to House of Lords), after subsection (1A) there is inserted—
At the end of that section there is inserted—
In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “or, in the case of an appeal under section 33(1B), by the prosecutor”.
In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who”.
Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.
In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.
The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.
An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—
applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and
does not otherwise affect the earlier publication.
After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—
of its own motion, or
on the application of the Director of Public Prosecutions.
Before such notice has been given, an order under this section—
may be made only on the application of the Director of Public Prosecutions, and
may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.
The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.
Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.
An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—
when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or
if he is tried pursuant to such an order, at the conclusion of the trial.
Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.
In this section—
This section applies if—
an order under section 82 is made, whether in England and Wales or Northern Ireland, and
while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.
Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
Where the publication is a relevant programme— is guilty of an offence.
any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
In the case of any other publication, any person publishing it is guilty of an offence.
If an offence under this section committed by a body corporate is proved— an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of,
In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.
Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for an offence under this section may not be instituted—
in England and Wales otherwise than by or with the consent of the Attorney General, or
in Northern Ireland otherwise than by or with the consent of—
before the relevant date, the Attorney General for Northern Ireland, or
on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
Where a person— the trial must be on an indictment preferred by direction of the Court of Appeal.
is tried pursuant to an order under section 77(1), or
is tried on indictment pursuant to an order under section 77(3),
After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.
The Court of Appeal must not give leave unless satisfied that—
the prosecutor has acted with due expedition, and
there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.
Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—
for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or
in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.
An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.
Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—
all the parties to the trial agree otherwise,
section 116 applies, or
the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.
At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.
This section applies to the investigation of the commission of a qualifying offence by a person—
acquitted in proceedings within section 75(1) of the qualifying offence, or
acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.
Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—
has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or
has given his written consent to the investigation (whether before or after the start of the investigation).
The officer may not, either with or without the consent of the acquitted person—
arrest or question him,
search him or premises owned or occupied by him,
search a vehicle owned by him or anything in or on such a vehicle,
seize anything in his possession, or
take his fingerprints or take a sample from him.
The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—
if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or
in any other case, is of the rank of assistant chief constable or above.
An officer may make an application under subsection (4) only if—
he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
The Director of Public Prosecutions may not give his consent unless satisfied that—
there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and
it is in the public interest for the investigation to proceed.
In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.
Section 85 does not prevent an officer from taking any action for the purposes of an investigation if—
the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,
the requirements of subsection (2) are met, and
either—
the action is authorised under subsection (3), or
the requirements of subsection (5) are met.
The requirements of this subsection are met if—
there has been no undue delay in applying for consent under section 85(2),
that consent has not been refused, and
taking into account the urgency of the situation, it is not reasonably practicable to obtain that consent before taking the action.
An officer of the rank of superintendent or above may authorise the action if—
he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
An authorisation under subsection (3) must—
if reasonably practicable, be given in writing;
otherwise, be recorded in writing by the officer giving it as soon as is reasonably practicable.
The requirements of this subsection are met if—
there has been no undue delay in applying for authorisation under subsection (3),
that authorisation has not been refused, and
taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.
Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—
new evidence had been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.
Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—
a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and
that person may not be arrested for that offence except under a warrant so issued.
Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.
Part 4 of the 1984 Act (detention) applies as follows where a person—
is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or
having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.
For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.
For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—
after the evidence becomes available or known to him, or
if later, after he forms that view.
Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—
in subsection (1)—
for “determine whether he has before him” there is substituted “request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is”;
for “him to do so” there is substituted “that determination to be made”;
in subsection (2)—
for the words from “custody officer determines” to “before him” there is substituted “officer determines that there is not such sufficient evidence”;
the word “custody” is omitted from the second place where it occurs;
in subsection (3)—
the word “custody” is omitted;
after “may” there is inserted “direct the custody officer to”;
in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.”;
subsections (7A), (7B) and (8) do not apply;
after subsection (10) there is inserted—.
Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “and (10A)”.
Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “(who has not been directly involved in the investigation)”.
In relation to a person charged in accordance with section 87(4)—
section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for “either on bail or without bail” there were substituted “on bail”,
section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and
section 43B of the Magistrates' Courts Act 1980 (c. 43) does not apply.
Where such a person is, after being charged— he must be brought before the Crown Court as soon as practicable and, in any event, not more than 24 hours after he is charged, and section 46 of the 1984 Act does not apply.
kept in police detention, or
detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,
For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—
Sunday,
Christmas Day,
Good Friday, and
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained.
Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—
grant bail for the person to appear, if notice of an application is served on him under section 80(2), before the Court of Appeal at the hearing of that application, or
remand the person in custody to be brought before the Crown Court under section 89(2).
If the Crown Court grants bail under subsection (4), it may revoke bail and remand the person in custody as referred to in subsection (4)(b).
In subsection (7) the “relevant period”, in relation to a person granted bail or remanded in custody under subsection (4), means—
the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or
that period as extended or further extended under subsection (8).
If at the end of the relevant period no notice of an application under section 76(1) or (2) in relation to the person has been given under section 80(1), the person—
if on bail subject to a duty to appear as mentioned in subsection (4)(a), ceases to be subject to that duty and to any conditions of that bail, and
if in custody on remand under subsection (4)(b) or (5), must be released immediately without bail.
The Crown Court may, on the application of a prosecutor, extend or further extend the period mentioned in subsection (6)(a) until a specified date, but only if satisfied that—
the need for the extension is due to some good and sufficient cause, and
the prosecutor has acted with all due diligence and expedition.
This section applies where notice of an application is given under section 80(1).
If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.
If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor— and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.
issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or
issue a warrant for the person’s arrest,
Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—
in the summons, or
in a subsequent direction of the Crown Court.
The time or place specified may be varied from time to time by a direction of the Crown Court.
A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.
If a person is brought before the Crown Court under subsection (2) or (6) the court must either—
remand him in custody to be brought before the Court of Appeal at the hearing of the application, or
grant bail for him to appear before the Court of Appeal at the hearing.
If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).
For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—
Sunday,
Christmas Day,
Good Friday, and
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.
The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)—
remand the person to whom the application relates on bail, or
remand him in custody.
At a hearing at which the Court of Appeal— the court may make such order as it sees fit for the custody or bail of the acquitted person pending trial pursuant to the order or declaration, or pending determination of the appeal.
makes an order under section 77,
makes a declaration under subsection (4) of that section, or
dismisses the application or makes a declaration under subsection (3) of that section, if it also gives the prosecutor leave to appeal against its decision or the prosecutor gives notice that he intends to apply for such leave,
For the purpose of subsection (2), the determination of an appeal is pending—
until any application for leave to appeal is disposed of, or the time within which it must be made expires;
if leave to appeal is granted, until the appeal is disposed of.
Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.
The court may at any time, as it sees fit—
revoke bail granted under this section and remand the person in custody, or
vary an order under subsection (2).
Where— the court must order him to surrender himself forthwith to the custody of the court.
a court revokes a person’s bail under this Part, and
that person is not before the court when his bail is revoked,
Where a person surrenders himself into the custody of the court in compliance with an order under subsection (1), the court must remand him in custody.
A person who has been ordered to surrender to custody under subsection (1) may be arrested without a warrant by an officer if he fails without reasonable cause to surrender to custody in accordance with the order.
A person arrested under subsection (3) must be brought as soon as practicable, and, in any event, not more than 24 hours after he is arrested, before the court and the court must remand him in custody.
For the purpose of calculating the period referred to in subsection (4), the following are to be disregarded—
Sunday,
Christmas Day,
Good Friday,
any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.
Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions exercisable by Crown Prosecutor) does not apply to the provisions of this Part other than section 85(2)(a).
In the absence of the Director of Public Prosecutions, his functions under those provisions may be exercised by a person authorised by him.
An authorisation under subsection (2)—
may relate to a specified person or to persons of a specified description, and
may be general or relate to a specified function or specified circumstances.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
Without limiting subsection (1), rules of court may in particular make provision as to procedures to be applied in connection with sections 76 to 82, 84 and 88 to 90.
Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court.
Section 31 of the Armed Forces Act 2001 (c. 19) (provision in consequence of enactments relating to criminal justice) applies to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of that section as it applies to a criminal justice enactment.
The power under that section to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit.
In subsection (2) “service offence” means an offence under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).
In this Part—
“rules of court” means—
Crown Court Rules;
Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
references in this Part to the Court of Appeal are to be construed as references to that division.
References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—
appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and
is specified by the Commissioners for the purposes of the provision concerned.
In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.
In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) for “England and Wales” substitute “Northern Ireland”.
For section 75(2)(c) substitute—
In section 75(8) for “Part 1” substitute “Part 2”.
In section 81(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “Criminal Appeal (Northern Ireland) Act 1980 (c. 47)”.
In section 81(2)—
for “33” substitute “31”, and
for “An” substitute “Subject to the provisions of this Part of this Act, an”.
In section 81(4)—
for “34(2)” substitute “32(2)”, and
for “33(1B)” substitute “31(1B)”.
In section 82(10) after “enactment” in each place insert “(including any provision of Northern Ireland legislation)”.
In section 84(1) and (2) for “preferred” substitute “presented”.
Section 84(6) has effect—
as if any reference to a provision of Part 11 were a reference to any corresponding provision contained in an Order in Council to which section 334(1) applies, at any time when such corresponding provision is in force;
at any other time, with the omission of paragraphs (b) and (c).
After section 84(6) insert—
In section 87—
in subsection (3), for “Part 4 of the 1984 Act” substitute “Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) (“the 1989 Order”)”,
in paragraph (b) of that subsection, for “section 34(7) of that Act” substitute “Article 35(8) of that Order”,
in subsection (6)—
for the words from the beginning to “40(8) of that Act)” substitute “Article 38 of that Order (including any provision of that Article as applied by Article 41(8) of that Order)”,
for “subsection” in each place substitute “paragraph”,
in paragraph (e), for “subsections (7A), (7B) and (8)” substitute “paragraph (8)”, and
in paragraph (f), in the inserted paragraph (10A) omit “above”,
for subsection (7) substitute—,
in subsection (8)—
for “Section 42 of that Act” substitute “Article 43 of that Order”, and
for “subsection (1) of that section” substitute “paragraph (1) of that Article”.
For section 88(1) substitute—
In section 88(2)—
for paragraph (b) substitute—, and
for “section 46 of the 1984 Act” substitute “Article 47 of the 1989 Order”.
In section 89(6) for “section 81(5) of the Supreme Court Act 1981 (c. 54)” substitute “section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23)”.
For section 90(4) substitute—
In section 92(1) for the words from the beginning to “does” substitute “Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do”.
Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (17) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).
In section 93(2) for “the Criminal Appeal Rules and the Crown Court Rules” substitute “rules under section 55 of the Judicature (Northern Ireland) Act 1978 and Crown Court Rules”.
In section 93(3) after “enactment” insert “(including any provision of Northern Ireland legislation)”.
“police force” means—
Omit section 95(2).
Subject to the provisions of this Part, the Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c. 19) or the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (subject to any specified modifications).
References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—
has to do with the alleged facts of the offence with which the defendant is charged, or
is evidence of misconduct in connection with the investigation or prosecution of that offence.
The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.
Subsection (1) is subject to section 118(1) in so far as it preserves the rule under which in criminal proceedings a person’s reputation is admissible for the purposes of proving his bad character.
In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
it is important explanatory evidence,
it has substantial probative value in relation to a matter which— or
is a matter in issue in the proceedings, and
is of substantial importance in the context of the case as a whole,
all parties to the proceedings agree to the evidence being admissible.
For the purposes of subsection (1)(a) evidence is important explanatory evidence if—
without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and
its value for understanding the case as a whole is substantial.
In assessing the probative value of evidence for the purposes of subsection (1)(b) the court must have regard to the following factors (and to any others it considers relevant)—
the nature and number of the events, or other things, to which the evidence relates;
when those events or things are alleged to have happened or existed;
where— the nature and extent of the similarities and the dissimilarities between each of the alleged instances of misconduct;
the evidence is evidence of a person’s misconduct, and
it is suggested that the evidence has probative value by reason of similarity between that misconduct and other alleged misconduct,
where— the extent to which the evidence shows or tends to show that the same person was responsible each time.
the evidence is evidence of a person’s misconduct,
it is suggested that that person is also responsible for the misconduct charged, and
the identity of the person responsible for the misconduct charged is disputed,
Except where subsection (1)(c) applies, evidence of the bad character of a person other than the defendant must not be given without leave of the court.
In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if—
all parties to the proceedings agree to the evidence being admissible,
the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it,
it is important explanatory evidence,
it is relevant to an important matter in issue between the defendant and the prosecution,
it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant,
it is evidence to correct a false impression given by the defendant, or
the defendant has made an attack on another person’s character.
Sections 102 to 106 contain provision supplementing subsection (1).
The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
On an application to exclude evidence under subsection (3) the court must have regard, in particular, to the length of time between the matters to which that evidence relates and the matters which form the subject of the offence charged.
For the purposes of section 101(1)(c) evidence is important explanatory evidence if—
without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and
its value for understanding the case as a whole is substantial.
For the purposes of section 101(1)(d) the matters in issue between the defendant and the prosecution include—
the question whether the defendant has a propensity to commit offences of the kind with which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence;
the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant’s case is untruthful in any respect.
Where subsection (1)(a) applies, a defendant’s propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—
an offence of the same description as the one with which he is charged, or
an offence of the same category as the one with which he is charged.
Subsection (2) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.
For the purposes of subsection (2)—
two offences are of the same description as each other if the statement of the offence in a written charge or indictment would, in each case, be in the same terms;
two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of this section by an order made by the Secretary of State.
A category prescribed by an order under subsection (4)(b) must consist of offences of the same type.
Only prosecution evidence is admissible under section 101(1)(d).
Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence.
Only evidence— is admissible under section 101(1)(e).
which is to be (or has been) adduced by the co-defendant, or
which a witness is to be invited to give (or has given) in cross-examination by the co-defendant,
For the purposes of section 101(1)(f)—
the defendant gives a false impression if he is responsible for the making of an express or implied assertion which is apt to give the court or jury a false or misleading impression about the defendant;
evidence to correct such an impression is evidence which has probative value in correcting it.
A defendant is treated as being responsible for the making of an assertion if—
the assertion is made by the defendant in the proceedings (whether or not in evidence given by him),
the assertion was made by the defendant— and evidence of the assertion is given in the proceedings,
on being questioned under caution, before charge, about the offence with which he is charged, or
on being charged with the offence or officially informed that he might be prosecuted for it,
the assertion is made by a witness called by the defendant,
the assertion is made by any witness in cross-examination in response to a question asked by the defendant that is intended to elicit it, or is likely to do so, or
the assertion was made by any person out of court, and the defendant adduces evidence of it in the proceedings.
A defendant who would otherwise be treated as responsible for the making of an assertion shall not be so treated if, or to the extent that, he withdraws it or disassociates himself from it.
Where it appears to the court that a defendant, by means of his conduct (other than the giving of evidence) in the proceedings, is seeking to give the court or jury an impression about himself that is false or misleading, the court may if it appears just to do so treat the defendant as being responsible for the making of an assertion which is apt to give that impression.
In subsection (4) “conduct” includes appearance or dress.
Evidence is admissible under section 101(1)(f) only if it goes no further than is necessary to correct the false impression.
Only prosecution evidence is admissible under section 101(1)(f).
For the purposes of section 101(1)(g) a defendant makes an attack on another person’s character if—
he adduces evidence attacking the other person’s character,
he (or any legal representative appointed under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) to cross-examine a witness in his interests) asks questions in cross-examination that are intended to elicit such evidence, or are likely to do so, or
evidence is given of an imputation about the other person made by the defendant—
on being questioned under caution, before charge, about the offence with which he is charged, or
on being charged with the offence or officially informed that he might be prosecuted for it.
In subsection (1) “evidence attacking the other person’s character” means evidence to the effect that the other person— and “imputation about the other person” means an assertion to that effect.
has committed an offence (whether a different offence from the one with which the defendant is charged or the same one), or
has behaved, or is disposed to behave, in a reprehensible way;
Only prosecution evidence is admissible under section 101(1)(g).
If on a defendant’s trial before a judge and jury for an offence— the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.
evidence of his bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and
the court is satisfied at any time after the close of the case for the prosecution that—
the evidence is contaminated, and
the contamination is such that, considering the importance of the evidence to the case against the defendant, his conviction of the offence would be unsafe,
Where— the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1)(b) in respect of it.
a jury is directed under subsection (1) to acquit a defendant of an offence, and
the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,
If—
a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged,
evidence of the person’s bad character has been admitted under any of paragraphs (c) to (g) of section 101(1), and
the court is satisfied at any time after the close of the case for the prosecution that— the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.
the evidence is contaminated, and
the contamination is such that, considering the importance of the evidence to the case against the person, a finding that he did the act or made the omission would be unsafe,
This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.
For the purposes of this section a person’s evidence is contaminated where— the evidence is false or misleading in any respect, or is different from what it would otherwise have been.
as a result of an agreement or understanding between the person and one or more others, or
as a result of the person being aware of anything alleged by one or more others whose evidence may be, or has been, given in the proceedings,
Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) shall cease to have effect.
In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is not admissible unless—
both of the offences are triable only on indictment, and
the court is satisfied that the interests of justice require the evidence to be admissible.
Subsection (2) applies in addition to section 101.
Subject to subsection (2), a reference in this Chapter to the relevance or probative value of evidence is a reference to its relevance or probative value on the assumption that it is true.
In assessing the relevance or probative value of an item of evidence for any purpose of this Chapter, a court need not assume that the evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true.
Where the court makes a relevant ruling—
it must state in open court (but in the absence of the jury, if there is one) its reasons for the ruling;
if it is a magistrates' court, it must cause the ruling and the reasons for it to be entered in the register of the court’s proceedings.
In this section “relevant ruling” means—
a ruling on whether an item of evidence is evidence of a person’s bad character;
a ruling on whether an item of such evidence is admissible under section 100 or 101 (including a ruling on an application under section 101(3));
a ruling under section 107.
Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules.
The rules may, and, where the party in question is the prosecution, must, contain provision requiring a party who— to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.
proposes to adduce evidence of a defendant’s bad character, or
proposes to cross-examine a witness with a view to eliciting such evidence,
The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of subsection (2).
In considering the exercise of its powers with respect to costs, the court may take into account any failure by a party to comply with a requirement imposed by virtue of subsection (2) and not dispensed with by virtue of subsection (3).
The rules may—
limit the application of any provision of the rules to prescribed circumstances;
subject any provision of the rules to prescribed exceptions;
make different provision for different cases or circumstances.
Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.
In this section—
“rules of court” means—
Criminal Appeal Rules;
In this Chapter—
Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.
Nothing in this Chapter affects the exclusion of evidence—
under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,
under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or
on grounds other than the fact that it is evidence of a person’s bad character.
Schedule 6 (armed forces) has effect.
In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if, but only if—
any provision of this Chapter or any other statutory provision makes it admissible,
any rule of law preserved by section 118 makes it admissible,
all parties to the proceedings agree to it being admissible, or
the court is satisfied that it is in the interests of justice for it to be admissible.
In deciding whether a statement not made in oral evidence should be admitted under subsection (1)(d), the court must have regard to the following factors (and to any others it considers relevant)—
how much probative value the statement has (assuming it to be true) in relation to a matter in issue in the proceedings, or how valuable it is for the understanding of other evidence in the case;
what other evidence has been, or can be, given on the matter or evidence mentioned in paragraph (a);
how important the matter or evidence mentioned in paragraph (a) is in the context of the case as a whole;
the circumstances in which the statement was made;
how reliable the maker of the statement appears to be;
how reliable the evidence of the making of the statement appears to be;
whether oral evidence of the matter stated can be given and, if not, why it cannot;
the amount of difficulty involved in challenging the statement;
the extent to which that difficulty would be likely to prejudice the party facing it.
Nothing in this Chapter affects the exclusion of evidence of a statement on grounds other than the fact that it is a statement not made in oral evidence in the proceedings.
In this Chapter references to a statement or to a matter stated are to be read as follows.
A statement is any representation of fact or opinion made by a person by whatever means; and it includes a representation made in a sketch, photofit or other pictorial form.
A matter stated is one to which this Chapter applies if (and only if) the purpose, or one of the purposes, of the person making the statement appears to the court to have been—
to cause another person to believe the matter, or
to cause another person to act or a machine to operate on the basis that the matter is as stated.
In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if—
oral evidence given in the proceedings by the person who made the statement would be admissible as evidence of that matter,
the person who made the statement (the relevant person) is identified to the court’s satisfaction, and
any of the five conditions mentioned in subsection (2) is satisfied.
The conditions are—
that the relevant person is dead;
that the relevant person is unfit to be a witness because of his bodily or mental condition;
that the relevant person is outside the United Kingdom and it is not reasonably practicable to secure his attendance;
that the relevant person cannot be found although such steps as it is reasonably practicable to take to find him have been taken;
that through fear the relevant person does not give (or does not continue to give) oral evidence in the proceedings, either at all or in connection with the subject matter of the statement, and the court gives leave for the statement to be given in evidence.
For the purposes of subsection (2)(e) “fear” is to be widely construed and (for example) includes fear of the death or injury of another person or of financial loss.
Leave may be given under subsection (2)(e) only if the court considers that the statement ought to be admitted in the interests of justice, having regard—
to the statement’s contents,
to any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence),
in appropriate cases, to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made in relation to the relevant person, and
to any other relevant circumstances.
A condition set out in any paragraph of subsection (2) which is in fact satisfied is to be treated as not satisfied if it is shown that the circumstances described in that paragraph are caused— in order to prevent the relevant person giving oral evidence in the proceedings (whether at all or in connection with the subject matter of the statement).
by the person in support of whose case it is sought to give the statement in evidence, or
by a person acting on his behalf,
In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if—
oral evidence given in the proceedings would be admissible as evidence of that matter,
the requirements of subsection (2) are satisfied, and
the requirements of subsection (5) are satisfied, in a case where subsection (4) requires them to be.
The requirements of this subsection are satisfied if—
the document or the part containing the statement was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office,
the person who supplied the information contained in the statement (the relevant person) had or may reasonably be supposed to have had personal knowledge of the matters dealt with, and
each person (if any) through whom the information was supplied from the relevant person to the person mentioned in paragraph (a) received the information in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office.
The persons mentioned in paragraphs (a) and (b) of subsection (2) may be the same person.
The additional requirements of subsection (5) must be satisfied if the statement—
was prepared for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, but
was not obtained pursuant to a request under section 7 of the Crime (International Co-operation) Act 2003 (c. 32) or an order under paragraph 6 of Schedule 13 to the Criminal Justice Act 1988 (c. 33) (which relate to overseas evidence).
The requirements of this subsection are satisfied if—
any of the five conditions mentioned in section 116(2) is satisfied (absence of relevant person etc), or
the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement (having regard to the length of time since he supplied the information and all other circumstances).
A statement is not admissible under this section if the court makes a direction to that effect under subsection (7).
The court may make a direction under this subsection if satisfied that the statement’s reliability as evidence for the purpose for which it is tendered is doubtful in view of—
its contents,
the source of the information contained in it,
the way in which or the circumstances in which the information was supplied or received, or
the way in which or the circumstances in which the document concerned was created or received.
The following rules of law are preserved.
With the exception of the rules preserved by this section, the common law rules governing the admissibility of hearsay evidence in criminal proceedings are abolished.
If in criminal proceedings a person gives oral evidence and— the statement is admissible as evidence of any matter stated of which oral evidence by him would be admissible.
he admits making a previous inconsistent statement, or
a previous inconsistent statement made by him is proved by virtue of section 3, 4 or 5 of the Criminal Procedure Act 1865 (c. 18),
If in criminal proceedings evidence of an inconsistent statement by any person is given under section 124(2)(c), the statement is admissible as evidence of any matter stated in it of which oral evidence by that person would be admissible.
This section applies where a person (the witness) is called to give evidence in criminal proceedings.
If a previous statement by the witness is admitted as evidence to rebut a suggestion that his oral evidence has been fabricated, that statement is admissible as evidence of any matter stated of which oral evidence by the witness would be admissible.
A statement made by the witness in a document— is admissible as evidence of any matter stated of which oral evidence by him would be admissible.
which is used by him to refresh his memory while giving evidence,
on which he is cross-examined, and
which as a consequence is received in evidence in the proceedings,
A previous statement by the witness is admissible as evidence of any matter stated of which oral evidence by him would be admissible, if—
any of the following three conditions is satisfied, and
while giving evidence the witness indicates that to the best of his belief he made the statement, and that to the best of his belief it states the truth.
The first condition is that the statement identifies or describes a person, object or place.
The second condition is that the statement was made by the witness when the matters stated were fresh in his memory but he does not remember them, and cannot reasonably be expected to remember them, well enough to give oral evidence of them in the proceedings.
The third condition is that—
the witness claims to be a person against whom an offence has been committed,
the offence is one to which the proceedings relate,
the statement consists of a complaint made by the witness (whether to a person in authority or not) about conduct which would, if proved, constitute the offence or part of the offence,
the complaint was made as soon as could reasonably be expected after the alleged conduct,
the complaint was not made as a result of a threat or a promise, and
before the statement is adduced the witness gives oral evidence in connection with its subject matter.
For the purposes of subsection (7) the fact that the complaint was elicited (for example, by a leading question) is irrelevant unless a threat or a promise was involved.
A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless—
either of the statements is admissible under section 117, 119 or 120,
all parties to the proceedings so agree, or
the court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose.
In this section “hearsay statement” means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it.
This section applies if on a trial before a judge and jury for an offence—
a statement made in a document is admitted in evidence under section 119 or 120, and
the document or a copy of it is produced as an exhibit.
The exhibit must not accompany the jury when they retire to consider their verdict unless—
the court considers it appropriate, or
all the parties to the proceedings agree that it should accompany the jury.
Nothing in section 116, 119 or 120 makes a statement admissible as evidence if it was made by a person who did not have the required capability at the time when he made the statement.
Nothing in section 117 makes a statement admissible as evidence if any person who, in order for the requirements of section 117(2) to be satisfied, must at any time have supplied or received the information concerned or created or received the document or part concerned—
did not have the required capability at that time, or
cannot be identified but cannot reasonably be assumed to have had the required capability at that time.
For the purposes of this section a person has the required capability if he is capable of—
understanding questions put to him about the matters stated, and
giving answers to such questions which can be understood.
Where by reason of this section there is an issue as to whether a person had the required capability when he made a statement—
proceedings held for the determination of the issue must take place in the absence of the jury (if there is one);
in determining the issue the court may receive expert evidence and evidence from any person to whom the statement in question was made;
the burden of proof on the issue lies on the party seeking to adduce the statement, and the standard of proof is the balance of probabilities.
This section applies if in criminal proceedings—
a statement not made in oral evidence in the proceedings is admitted as evidence of a matter stated, and
the maker of the statement does not give oral evidence in connection with the subject matter of the statement.
In such a case—
any evidence which (if he had given such evidence) would have been admissible as relevant to his credibility as a witness is so admissible in the proceedings;
evidence may with the court’s leave be given of any matter which (if he had given such evidence) could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party;
evidence tending to prove that he made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that he contradicted himself.
If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation.
In the case of a statement in a document which is admitted as evidence under section 117 each person who, in order for the statement to be admissible, must have supplied or received the information concerned or created or received the document or part concerned is to be treated as the maker of the statement for the purposes of subsections (1) to (3) above.
If on a defendant’s trial before a judge and jury for an offence the court is satisfied at any time after the close of the case for the prosecution that— the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.
the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and
the evidence provided by the statement is so unconvincing that, considering its importance to the case against the defendant, his conviction of the offence would be unsafe,
Where— the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1) in respect of it.
a jury is directed under subsection (1) to acquit a defendant of an offence, and
the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence,
If— the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.
a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged, and
the court is satisfied as mentioned in subsection (1) above at any time after the close of the case for the prosecution that—
the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings, and
the evidence provided by the statement is so unconvincing that, considering its importance to the case against the person, a finding that he did the act or made the omission would be unsafe,
This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.
In criminal proceedings the court may refuse to admit a statement as evidence of a matter stated if—
the statement was made otherwise than in oral evidence in the proceedings, and
the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence.
Nothing in this Chapter prejudices—
any power of a court to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (c. 60) (exclusion of unfair evidence), or
any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise).
This section applies if—
a statement has been prepared for the purposes of criminal proceedings,
the person who prepared the statement had or may reasonably be supposed to have had personal knowledge of the matters stated,
notice is given under the appropriate rules that another person (the expert) will in evidence given in the proceedings orally or under section 9 of the Criminal Justice Act 1967 (c. 80) base an opinion or inference on the statement, and
the notice gives the name of the person who prepared the statement and the nature of the matters stated.
In evidence given in the proceedings the expert may base an opinion or inference on the statement.
If evidence based on the statement is given under subsection (2) the statement is to be treated as evidence of what it states.
This section does not apply if the court, on an application by a party to the proceedings, orders that it is not in the interests of justice that it should apply.
The matters to be considered by the court in deciding whether to make an order under subsection (4) include—
the expense of calling as a witness the person who prepared the statement;
whether relevant evidence could be given by that person which could not be given by the expert;
whether that person can reasonably be expected to remember the matters stated well enough to give oral evidence of them.
Subsections (1) to (5) apply to a statement prepared for the purposes of a criminal investigation as they apply to a statement prepared for the purposes of criminal proceedings, and in such a case references to the proceedings are to criminal proceedings arising from the investigation.
The appropriate rules are rules made—
under section 81 of the Police and Criminal Evidence Act 1984 (advance notice of expert evidence in Crown Court), or
under section 144 of the Magistrates' Courts Act 1980 (c. 43) by virtue of section 20(3) of the Criminal Procedure and Investigations Act 1996 (c. 25) (advance notice of expert evidence in magistrates' courts).
In the Police and Criminal Evidence Act 1984 (c. 60) the following section is inserted after section 76—
Subject to subsection (1), nothing in this Chapter makes a confession by a defendant admissible if it would not be admissible under section 76 of the Police and Criminal Evidence Act 1984 (c. 60).
In subsection (2) “confession” has the meaning given by section 82 of that Act.
Where a representation of any fact— the representation is not admissible in criminal proceedings as evidence of the fact unless it is proved that the information was accurate.
is made otherwise than by a person, but
depends for its accuracy on information supplied (directly or indirectly) by a person,
Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.
In Schedule 3 to the Crime and Disorder Act 1998 (c. 37), sub-paragraph (4) of paragraph 5 is omitted (power of the court to overrule an objection to a deposition being read as evidence by virtue of that paragraph).
For paragraphs 1 and 1A of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (oral evidence and use of transcripts etc at retrials under that Act) there is substituted—
Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Chapter; and the appropriate authority is the authority entitled to make the rules.
The rules may make provision about the procedure to be followed and other conditions to be fulfilled by a party proposing to tender a statement in evidence under any provision of this Chapter.
The rules may require a party proposing to tender the evidence to serve on each party to the proceedings such notice, and such particulars of or relating to the evidence, as may be prescribed.
The rules may provide that the evidence is to be treated as admissible by agreement of the parties if—
a notice has been served in accordance with provision made under subsection (3), and
no counter-notice in the prescribed form objecting to the admission of the evidence has been served by a party.
If a party proposing to tender evidence fails to comply with a prescribed requirement applicable to it—
the evidence is not admissible except with the court’s leave;
where leave is given the court or jury may draw such inferences from the failure as appear proper;
the failure may be taken into account by the court in considering the exercise of its powers with respect to costs.
In considering whether or how to exercise any of its powers under subsection (5) the court shall have regard to whether there is any justification for the failure to comply with the requirement.
A person shall not be convicted of an offence solely on an inference drawn under subsection (5)(b).
Rules under this section may—
limit the application of any provision of the rules to prescribed circumstances;
subject any provision of the rules to prescribed exceptions;
make different provision for different cases or circumstances.
Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.
In this section—
“prescribed” means prescribed by rules of court;
Where a statement in a document is admissible as evidence in criminal proceedings, the statement may be proved by producing either— authenticated in whatever way the court may approve.
the document, or
(whether or not the document exists) a copy of the document or of the material part of it,
In this Chapter—
Section 115 (statements and matters stated) contains other general interpretative provisions.
Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings.
Schedule 7 (hearsay evidence: armed forces) has effect.
In the Criminal Justice Act 1988 (c. 33), the following provisions (which are to some extent superseded by provisions of this Chapter) are repealed—
Part 2 and Schedule 2 (which relate to documentary evidence);
in Schedule 13, paragraphs 2 to 5 (which relate to documentary evidence in service courts etc).
This section applies where—
a person is called as a witness in proceedings for an offence triable only on indictment, or for a prescribed offence triable either way,
the person claims to have witnessed (whether visually or in any other way)—
events alleged by the prosecution to include conduct constituting the offence or part of the offence, or
events closely connected with such events,
he has previously given an account of the events in question (whether in response to questions asked or otherwise),
the account was given at a time when those events were fresh in the person’s memory (or would have been, assuming the truth of the claim mentioned in paragraph (b)),
a video recording was made of the account,
the court has made a direction that the recording should be admitted as evidence in chief of the witness, and the direction has not been rescinded, and
the recording is played in the proceedings in accordance with the direction.
If, or to the extent that, the witness in his oral evidence in the proceedings asserts the truth of the statements made by him in the recorded account, they shall be treated as if made by him in that evidence.
A direction under subsection (1)(f)—
may not be made in relation to a recorded account given by the defendant;
may be made only if it appears to the court that—
the witness’s recollection of the events in question is likely to have been significantly better when he gave the recorded account than it will be when he gives oral evidence in the proceedings, and
it is in the interests of justice for the recording to be admitted, having regard in particular to the matters mentioned in subsection (4).
Those matters are—
the interval between the time of the events in question and the time when the recorded account was made;
any other factors that might affect the reliability of what the witness said in that account;
the quality of the recording;
any views of the witness as to whether his evidence in chief should be given orally or by means of the recording.
For the purposes of subsection (2) it does not matter if the statements in the recorded account were not made on oath.
In this section “prescribed” means of a description specified in an order made by the Secretary of State.
Where a video recording is admitted under section 137, the witness may not give evidence in chief otherwise than by means of the recording as to any matter which, in the opinion of the court, has been dealt with adequately in the recorded account.
The reference in subsection (1)(f) of section 137 to the admission of a recording includes a reference to the admission of part of the recording; and references in that section and this one to the video recording or to the witness’s recorded account shall, where appropriate, be read accordingly.
In considering whether any part of a recording should be not admitted under section 137, the court must consider—
whether admitting that part would carry a risk of prejudice to the defendant, and
if so, whether the interests of justice nevertheless require it to be admitted in view of the desirability of showing the whole, or substantially the whole, of the recorded interview.
A court may not make a direction under section 137(1)(f) in relation to any proceedings unless—
the Secretary of State has notified the court that arrangements can be made, in the area in which it appears to the court that the proceedings will take place, for implementing directions under that section, and
the notice has not been withdrawn.
Nothing in section 137 affects the admissibility of any video recording which would be admissible apart from that section.
A person giving oral evidence in criminal proceedings about any matter may, at any stage in the course of doing so, refresh his memory of it from a document made or verified by him at an earlier time if—
he states in his oral evidence that the document records his recollection of the matter at that earlier time, and
his recollection of the matter is likely to have been significantly better at that time than it is at the time of his oral evidence.
Where— he may, at any stage in the course of giving his evidence, refresh his memory of the matter from that transcript.
a person giving oral evidence in criminal proceedings about any matter has previously given an oral account, of which a sound recording was made, and he states in that evidence that the account represented his recollection of the matter at that time,
his recollection of the matter is likely to have been significantly better at the time of the previous account than it is at the time of his oral evidence, and
a transcript has been made of the sound recording,
In this Chapter—
“document” means anything in which information of any description is recorded, but not including any recording of sounds or moving images;
“video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track.
No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision.
Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing—
the punishment of offenders,
the reduction of crime (including its reduction by deterrence),
the reform and rehabilitation of offenders,
the protection of the public, and
the making of reparation by offenders to persons affected by their offences.
Subsection (1) does not apply—
in relation to an offender who is aged under 18 at the time of conviction,
to an offence the sentence for which is fixed by law,
to an offence the sentence for which falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) (minimum sentence for certain firearms offences), under subsection (2) of section 110 or 111 of the Sentencing Act (required custodial sentences) or under any of sections 225 to 228 of this Act (dangerous offenders), or
in relation to the making under Part 3 of the Mental Health Act 1983 (c. 20) of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.
In this Chapter “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of his offence; and “sentencing” is to be construed accordingly.
In considering the seriousness of any offence, the court must consider the offender’s culpability in committing the offence and any harm which the offence caused, was intended to cause or might forseeably have caused.
In considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonably be so treated having regard, in particular, to—
the nature of the offence to which the conviction relates and its relevance to the current offence, and
the time that has elapsed since the conviction.
In considering the seriousness of any offence committed while the offender was on bail, the court must treat the fact that it was committed in those circumstances as an aggravating factor.
Any reference in subsection (2) to a previous conviction is to be read as a reference to—
a previous conviction by a court in the United Kingdom, or
a previous finding of guilt in service disciplinary proceedings.
Subsections (2) and (4) do not prevent the court from treating a previous conviction by a court outside the United Kingdom as an aggravating factor in any case where the court considers it appropriate to do so.
In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court must take into account—
the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
the circumstances in which this indication was given.
In the case of an offence the sentence for which falls to be imposed under subsection (2) of section 110 or 111 of the Sentencing Act, nothing in that subsection prevents the court, after taking into account any matter referred to in subsection (1) of this section, from imposing any sentence which is not less than 80 per cent of that specified in that subsection.
This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).
If the offence was racially or religiously aggravated, the court—
must treat that fact as an aggravating factor, and
must state in open court that the offence was so aggravated.
Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.
This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
Those circumstances are—
that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
the sexual orientation (or presumed sexual orientation) of the victim, or
a disability (or presumed disability) of the victim, or
that the offence is motivated (wholly or partly)—
by hostility towards persons who are of a particular sexual orientation, or
by hostility towards persons who have a disability or a particular disability.
The court—
must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and
must state in open court that the offence was committed in such circumstances.
It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
In this section “disability” means any physical or mental impairment.
In this Part “community sentence” means a sentence which consists of or includes—
a community order (as defined by section 177), or
one or more youth community orders.
In this Chapter “youth community order” means—
a curfew order as defined by section 163 of the Sentencing Act,
an exclusion order under section 40A(1) of that Act,
an attendance centre order as defined by section 163 of that Act,
a supervision order under section 63(1) of that Act, or
an action plan order under section 69(1) of that Act.
A court must not pass a community sentence on an offender unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.
Where a court passes a community sentence which consists of or includes a community order—
the particular requirement or requirements forming part of the community order must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender, and
the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
Where a court passes a community sentence which consists of or includes one or more youth community orders—
the particular order or orders forming part of the sentence must be such as, in the opinion of the court, is, or taken together are, the most suitable for the offender, and
the restrictions on liberty imposed by the order or orders must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
Subsections (1) and (2)(b) have effect subject to section 151(2).
In determining the restrictions on liberty to be imposed by a community order or youth community order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.
In subsection (1) “remanded in custody” has the meaning given by section 242(2).
The power to make a community order or youth community order is not exercisable in respect of an offence for which the sentence—
is fixed by law,
falls to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27) (required custodial sentence for certain firearms offences),
falls to be imposed under section 110(2) or 111(2) of the Sentencing Act (requirement to impose custodial sentences for certain repeated offences committed by offenders aged 18 or over), or
falls to be imposed under any of sections 225 to 228 of this Act (requirement to impose custodial sentences for certain offences committed by offenders posing risk to public).
Subsection (2) applies where—
a person aged 16 or over is convicted of an offence (“the current offence”),
on three or more previous occasions he has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine, and
despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a community sentence.
The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.
The matters referred to in subsection (2) are—
the nature of the offences to which the previous convictions mentioned in subsection (1)(b) relate and their relevance to the current offence, and
the time that has elapsed since the offender’s conviction of each of those offences.
In subsection (1)(b), the reference to conviction by a court in the United Kingdom includes a reference to the finding of guilt in service disciplinary proceedings; and, in relation to any such finding of guilt, the reference to the sentence passed is a reference to the punishment awarded.
For the purposes of subsection (1)(b), a compensation order does not form part of an offender’s sentence.
For the purposes of subsection (1)(b), it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine.
This section does not limit the extent to which a court may, in accordance with section 143(2), treat any previous convictions of the offender as increasing the seriousness of an offence.
This section applies where a person is convicted of an offence punishable with a custodial sentence other than one—
fixed by law, or
falling to be imposed under section 51A(2) of the Firearms Act 1968 (c. 27), under 110(2) or 111(2) of the Sentencing Act or under any of sections 225 to 228 of this Act.
The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence.
Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if—
he fails to express his willingness to comply with a requirement which is proposed by the court to be included in a community order and which requires an expression of such willingness, or
he fails to comply with an order under section 161(2) (pre-sentence drug testing).
This section applies where a court passes a custodial sentence other than one fixed by law or falling to be imposed under section 225 or 226.
Subject to section 51A(2) of the Firearms Act 1968 (c. 27), sections 110(2) and 111(2) of the Sentencing Act and sections 227(2) and 228(2) of this Act, the custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.
A magistrates' court does not have power to impose imprisonment for more than 12 months in respect of any one offence.
Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment for more than 12 months.
Subsection (1) is without prejudice to section 133 of the Magistrates' Courts Act 1980 (c. 43) (consecutive terms of imprisonment).
Any power of a magistrates' court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, is not limited by virtue of subsection (1).
In subsection (4) “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
In this section “impose imprisonment” means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
Section 132 of the Magistrates' Courts Act 1980 contains provisions about the minimum term of imprisonment which may be imposed by a magistrates' court.
Section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment) is amended as follows.
In subsection (1), for “6 months” there is substituted “65 weeks”.
Subsection (2) is omitted.
In subsection (3) for “the preceding subsections” there is substituted “subsection (1) above”.