UKPGA-2003-44 Criminal Justice Act 2003 UK

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

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 section 63B (testing for presence of Class A drugs)—

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—

In section 3(6) of the 1976 Act (which sets out cases where bail conditions may be imposed)—

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)—

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

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—

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—

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.

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)—

The inherent power of the High Court to entertain an application in relation to bail where a magistrates' court—is abolished.

The inherent power of the High Court to entertain an application in relation to bail where the Crown Court has determined—is abolished.

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 reference in this section to an application in relation to bail is to be read as including—

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)—

In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to bail of defendant accused or convicted of imprisonable offence) the existing text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that sub-paragraph (as so re-numbered) there is inserted—

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, ”.

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 any conditional caution are those which have one or more of the following objects—

The conditions which may be attached to a conditional caution include—

Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

The Secretary of State may by order amend subsection (3B) by substituting a different figure.

A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)).

The objects are—

If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

In this section “relevant foreign offender” means—

In this Part “authorised person” means—

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 or the authorised person decides—

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—

Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.

If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.

Where—the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.

In this section—“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

The amount that may be prescribed in respect of any offence(other than one to which subsection (4A) applies) must not exceed—whichever is the lower.

The Secretary of State may by order amend subsection (3) by—

In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).

Where a financial penalty condition is attached to a conditional caution, the condition must specify—

To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b).

Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.

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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.

If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

A person arrested under this section must be—

Subsection (2) also applies in the case of—

Where a person is released under subsection (2)(b), the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.

A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.

The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.

Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

Subsection (2) does not require a person who—to be released if he is liable to be kept in detention in relation to that other matter.

In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

In this Part—“the 1984 Act” means the Police and Criminal Evidence Act 1984;“police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act).

In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

The provisions are—

The modifications are—

Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act—

Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—

The Secretary of State must prepare a code of practice in relation to conditional cautions.

The code may, in particular, include provision as to—

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.

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—

A relevant prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.

Where a relevant prosecutor issues a written charge, it must at the same time issue—

A single justice procedure notice may be issued only if—

A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.

A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—

Subsection(2D) applies if—

The single justice procedure notice must also explain—

The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection(2C)(b).

Where a relevant prosecutor issues a written charge and a requisition, 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.

Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.

If a single justice procedure notice is served on a person, the relevant prosecutor must—

The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.

A relevant prosecutor authorised to issue a requisition 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 “relevant prosecutor” means—

An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that 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).

Criminal Procedure Rules may make—

Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—

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Nothing in section 29 affects—

Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—

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.

The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—

In this section “relevant prosecutor”, “requisition”, “single justice procedure notice” 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 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—

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 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—

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—

This section applies—

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—.

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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—

This section applies where—

Before taking any steps to discharge the jury, the judge must—

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).

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—

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)—

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—

Nothing in this Part affects the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 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—

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)

In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

For section 48(5)(b) substitute—

In section 48(6)—

After section 48 insert—

For section 49(2) substitute—

In section 49(3)—

The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—

A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.

In this Part “eligible criminal proceedings” means—

The court may not give a direction under this section unless—

In deciding whether to give a direction under this section, the court must consider—

Those circumstances include in particular—

The power conferred by section 51 includes power to give—

The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).

A direction under section 51 may not be rescinded unless—

In relation to the variation of a direction given under section 51—

Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.

A direction under section 51 may be given, varied or rescinded—But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.

The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.

If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—

The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—

A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.

A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.

If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place—

In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51).

A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

Subsections (2) and (3) apply where—

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 authorised by a direction under section 30 of the Courts Act 2003.

If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area.

The following functions of a magistrates’ court may be discharged by a single justice—

This section applies where, as a result of a direction under section 51, evidence has been given through a live audio link or a live video link by a witness (including the defendant) 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.

Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this Part.

Criminal Procedure Rules may in particular make provision—

The provision which may be made by virtue of subsection (2)(a) includes provision—

Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make Criminal Procedure Rules.

In this Part—

In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court.

In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.

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The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)—

Nothing in this Part is to be regarded as affecting any power of a court—

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—

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—

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—

Where—that other ruling, or those other rulings, are also to be treated as 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—

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—

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 time when the judge starts his summing-up to the jury.

The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7.

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—

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—

But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).

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 “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—

In respect of the ruling, or each ruling, to which the appeal relates—

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—

In this section—

The Secretary of State may by order amend that Part by doing any one or more of the following—

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—

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—

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.

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—

The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—

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—

The Supreme Court may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—

Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—

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)—

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.

Subsection (1) does not apply to a report which contains only one or more of the following matters—

The addresses that may be included in a report by virtue of subsection (8) are addresses—

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—

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.

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.

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 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—

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—

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)—

In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.

This Part applies where a person has been acquitted of a qualifying offence in proceedings—

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—

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—

A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—

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—

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—

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—

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—

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—

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—

For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

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 Supreme Court), 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—

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—

Before such notice has been given, an order under this section—

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—

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—

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.

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.

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 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.

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—

Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—

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—

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—

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—

The officer may not, either with or without the consent of the acquitted person—

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—

An officer may make an application under subsection (4) only if—

The Director of Public Prosecutions may not give his consent unless satisfied that—

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 requirements of this subsection are met if—

An officer of the rank of superintendent or above may authorise the action if—

An authorisation under subsection (3) must—

The requirements of this subsection are met if—

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—

Sections 85 and 86 apply in relation to an investigation by an officer of the Police Ombudsman for Northern Ireland with the following modifications.

References in sections 85(2) and (3) and 86(1) to an officer shall be read as references to an officer of the Ombudsman.

Section 85(4) has effect as if for the words from “an officer who” to the end there were substituted the Ombudsman.

Section 85(5) has effect as if for “An officer” there were substituted The Ombudsman.

Section 85(7) does not apply.

Section 86(3) has effect as if for “An officer of the rank of superintendent or above” there were substituted A senior officer of the Ombudsman.

Section 86(6) has effect as if for “an officer of the rank of superintendent or above” there were substituted a senior officer of the Ombudsman.

References to a senior officer of the Ombudsman are to an officer of the rank of senior investigating officer or above.

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—

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—

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—

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—

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)—

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.

For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—

Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—

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—

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—

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—

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.

Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—

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—

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—

The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)—

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.

For the purpose of subsection (2), the determination of an appeal is pending—

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—

Where—the court must order him to surrender himself forthwith to the custody of the court.

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—

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)—

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 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section).

The power under section 323 of that Act 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” has the same meaning as in the Armed Forces Act 2006.

In this Part—

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)—

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—

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)—

In section 81(4)—

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—

After section 84(6) insert—

In section 87—

For section 88(1) substitute—

In section 88(2)—

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) ”.

In section 95(1) for the definition of “police force” substitute—.

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 in England and Wales 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). . . (subject to any specified modifications).

Subject to the provisions of this Part, the Department of Justice in Northern Ireland may make an order containing provision, in relation to proceedings in Northern Ireland 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 (Northern Ireland) Act 1980(subject to any specified modifications).

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—

For the purposes of subsection (1)(a) evidence is important explanatory evidence if—

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)—

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—

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)(d) the matters in issue between the defendant and the prosecution include—

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—

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)—

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).

Where—subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.

For the purposes of subsection (2)—

For the purposes of subsection (10) “foreign service offence” means an offence which—

Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)—

In this section—“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;“service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country.

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).

For the purposes of section 101(1)(f)—

A defendant is treated as being responsible for the making of an assertion if—

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—

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.

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.

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.

If—

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.

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—

Subsection (2B) applies where—

For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.

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—

In this section “relevant ruling” means—

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.

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—

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.

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—

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—

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)—

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—

In criminal proceedings a statement not made in oral evidence in the proceedings is admissible as evidence of any matter stated if—

The conditions are—

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—

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).

In criminal proceedings a statement contained in a document is admissible as evidence of any matter stated if—

The requirements of this subsection are satisfied if—

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—(all of which relate to overseas evidence)

The requirements of this subsection are satisfied if—

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—

The following rules of law are preserved. Public information etc 1 Any rule of law under which in criminal proceedings—Reputation as to character 2 Any rule of law under which in criminal proceedings evidence of a person’s reputation is admissible for the purpose of proving his good or bad character. Note The rule is preserved only so far as it allows the court to treat such evidence as proving the matter concerned. Reputation or family tradition 3 Any rule of law under which in criminal proceedings evidence of reputation or family tradition is admissible for the purpose of proving or disproving—Note The rule is preserved only so far as it allows the court to treat such evidence as proving or disproving the matter concerned. Res gestae 4 Any rule of law under which in criminal proceedings a statement is admissible as evidence of any matter stated if—Confessions etc 5 Any rule of law relating to the admissibility of confessions or mixed statements in criminal proceedings. Admissions by agents etc 6 Any rule of law under which in criminal proceedings—Common enterprise 7 Any rule of law under which in criminal proceedings a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated. Expert evidence 8 Any rule of law under which in criminal proceedings an expert witness may draw on the body of expertise relevant to his field.

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.

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.

A previous statement by the witness is admissible as evidence of any matter stated of which oral evidence by him would be admissible, if—

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—

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—

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—

The exhibit must not accompany the jury when they retire to consider their verdict unless—

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—

For the purposes of this section a person has the required capability if he is capable of—

Where by reason of this section there is an issue as to whether a person had the required capability when he made a statement—

This section applies if in criminal proceedings—

In such a case—

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.

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.

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.

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—

Nothing in this Chapter prejudices—

This section applies if—

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—

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 Criminal Procedure Rules made by virtue of—

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.

Subsection (1) does not affect the operation of the presumption that a mechanical device has been properly set or calibrated.

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—

If a party proposing to tender evidence fails to comply with a prescribed requirement applicable to it—

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—

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

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.

This section applies where—