Criminal Procedure and Investigations Act 1996

• (g) in Schedule 1 to the Interpretation Act 1978, paragraph (a) of the definition of “Committed for trial”;

• (h) in section 97(1) of the Magistrates’ Courts Act 1980 the words from “at an inquiry” to “be) or”, sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of “committal proceedings”, and paragraph 2 of Schedule 5 to that Act;

• (i) in section 2(2)(g) of the Criminal Attempts Act 1981 the words “or committed for trial”;

• (j) in section 1(2) of the Criminal Justice Act 1982 the words “trial or”;

• (k) paragraphs 10 and 11 of Schedule 2 to the Criminal Justice Act 1987;

• (l) in section 20(4)(a) of the Legal Aid Act 1988 the words “trial or”, and section 20(4)(bb) and (5) of that Act;

• (m) in section 1(4) of the War Crimes Act 1991 the words “England, Wales or”, and Part I of the Schedule to that Act.

• (6) The 1994 Act shall be treated as having been enacted with the amendments made by subsections (2) and (5).

• (7) Subsections (3) and (4) apply where a magistrates’ court begins to inquire into an offence as examining justices after the day on which this Act is passed.

Notices of transfer.

45

• (1) Section 5 of the Criminal Justice Act 1987 (notices of transfer in cases of serious or complex fraud) shall be amended as mentioned in subsections (2) and (3).

• (2) In subsection (9)(a) (regulations) for the words “a statement of the evidence” there shall be substituted “copies of the documents containing the evidence (including oral evidence)”.

• (3) The following subsection shall be inserted after subsection (9)—

(9A) Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.

• (4) In Schedule 6 to the Criminal Justice Act 1991 (notices of transfer in certain cases involving children) paragraph 4 (regulations) shall be amended as mentioned in subsections (5) and (6).

• (5) In sub-paragraph (1)(a) for the words “a statement of the evidence” there shall be substituted “ copies of the documents containing the evidence (including oral evidence) ”.

• (6) The following sub-paragraph shall be inserted after sub-paragraph (1)—

(1A) Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied.

• (7) In paragraph 6 of Schedule 6 to the 1991 Act (reporting restrictions) in sub-paragraph (8) for the words “sub-paragraphs (5) and (6)” there shall be substituted “ sub-paragraphs (5) and (7) ”.

• (8) This section applies where a notice of transfer is given under section 4 of the 1987 Act or served under section 53 of the 1991 Act (as the case may be) on or after the appointed day.

• (9) The reference in subsection (8) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

War crimes: abolition of transfer procedure.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committal proceedings.

47

Schedule 1 to this Act (which contains provisions about committal proceedings and related matters) shall have effect.

Part VI — Magistrates’ Courts

Non-appearance of accused: issue of warrant.

48

• (1) Section 13 of the Magistrates’ Courts Act 1980 (non-appearance of accused: issue of warrant) shall be amended as follows.

• (2) In subsection (2) (no warrant where summons has been issued unless certain conditions fulfilled) for the words from “unless” to the end of the subsection there shall be substituted “ unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled ”.

• (3) The following subsections shall be inserted after subsection (2)—

(2A) The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial. (2B) The condition in this subsection is that— (a) the adjournment now being made is a second or subsequent adjournment of the trial, (b) the accused was present on the last (or only) occasion when the trial was adjourned, and (c) on that occasion the court determined the time for the hearing at which the adjournment is now being made.

• (4) This section applies where the court proposes to issue a warrant under section 13 on or after the appointed day.

• (5) The reference in subsection (4) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Either way offences: accused’s intention as to plea.

49

• (1) The Magistrates’ Courts Act 1980 shall be amended as follows.

• (2) The following sections shall be inserted after section 17 (offences triable on indictment or summarily)—

(17A) (1) This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way. (2) Everything that the court is required to do under the following provisions of this section must be done with the accused present in court. (3) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused. (4) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty— (a) the court must proceed as mentioned in subsection (6) below; and (b) he may be committed for sentence to the Crown Court under section 38 below if the court is of such opinion as is mentioned in subsection (2) of that section. (5) The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty. (6) If the accused indicates that he would plead guilty the court shall proceed as if— (a) the proceedings constituted from the beginning the summary trial of the information; and (b) section 9(1) above was complied with and he pleaded guilty under it. (7) If the accused indicates that he would plead not guilty section 18(1) below shall apply. (8) If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty. (9) Subject to subsection (6) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty; (b) an indication by the accused under this section of how he would plead. (17B) (1) This section shall have effect where— (a) a person who has attained the age of 18 years appears or is brought before a magistrates’ court on an information charging him with an offence triable either way, (b) the accused is represented by a legal representative, (c) the court considers that by reason of the accused’s disorderly conduct before the court it is not practicable for proceedings under section 17A above to be conducted in his presence, and (d) the court considers that it should proceed in the absence of the accused. (2) In such a case— (a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative; (b) the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (c) if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it; (d) if the representative indicates that the accused would plead not guilty section 18(1) below shall apply. (3) If the representative in fact fails to indicate how the accused would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that the accused would plead not guilty. (4) Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea— (a) asking the representative under this section whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty; (b) an indication by the representative under this section of how the accused would plead. (17C) A magistrates’ court proceeding under section 17A or 17B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if— (a) on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or (b) he has been remanded at any time in the course of proceedings on the information; and where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.

• (3) In section 18(1) (initial procedure) after “either way” there shall be inserted

and— (a) he indicates under section 17A above that (if the offence were to proceed to trial) he would plead not guilty, or (b) his representative indicates under section 17B above that (if the offence were to proceed to trial) he would plead not guilty

.

• (4) In section 19 (court to consider which mode of trial appears more suitable) paragraph (a) of subsection (2) (charge to be read to accused) shall be omitted.

• (5) In—

• (a) subsections (1A), (3A), (3C) and (3E) of section 128 (remand), and

• (b) subsection (1) of section 130 (transfer of remand hearings),

after “10(1)” there shall be inserted “ , 17C ”.

• (6) This section applies where a person appears or is brought before a magistrates’ court on or after the appointed day, unless he has appeared or been brought before such a court in respect of the same offence on a previous occasion falling before that day.

• (7) The reference in subsection (6) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Enforcement of payment of fines.

50

• (1) In section 87 of the Magistrates’ Courts Act 1980 (enforcement of fines) in subsection (3) (no proceedings unless court authorises it after inquiry into means) for the words from “authorised” to the end of the subsection there shall be substituted “ there has been an inquiry under section 82 above into that person’s means and he appeared to the court to have sufficient means to pay the sum forthwith. ”

• (2) This section applies where the clerk of a magistrates’ court proposes to take proceedings by virtue of section 87(1) on or after the appointed day.

• (3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Summons to witness and warrant for his arrest.

51

• (1) In section 97 of the Magistrates’ Courts Act 1980 (summons to witness and warrant for his arrest) the following subsections shall be inserted after subsection (2A)—

(2B) A justice may refuse to issue a summons under subsection (1) above in relation to the summary trial of an information if he is not satisfied that an application for the summons was made by a party to the case as soon as reasonably practicable after the accused pleaded not guilty. (2C) In relation to the summary trial of an information, subsection (2) above shall have effect as if the reference to the matters mentioned in subsection (1) above included a reference to the matter mentioned in subsection (2B) above.

• (2) This section applies in relation to any proceedings for the purpose of which no summons has been issued under section 97(1), and no warrant has been issued under section 97(2), before the appointed day.

• (3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Remand.

52

• (1) In section 128 of the Magistrates’ Courts Act 1980 (remand in custody or on bail) paragraph (c) of subsection (1A) and paragraph (c) of subsection (3A) (which restrict certain provisions about remand to persons who have attained the age of 17) shall be omitted.

• (2) In section 128A(1) of that Act (power to make order allowing remand in custody for more than 8 clear days if accused has attained the age of 17) the words “who has attained the age of 17” shall be omitted.

• (3) Subsection (1) applies where the offence with which the person concerned is charged is alleged to be committed on or after the appointed day.

• (4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Attachment of earnings.

53

• (1) In section 3 of the Attachment of Earnings Act 1971 (court’s power to make order) the following subsections shall be inserted after subsection (3A)—

(3B) Where— (a) a magistrates’ court imposes a fine on a person in respect of an offence, and (b) that person consents to an order being made under this subsection, the court may at the time it imposes the fine, and without the need for an application, make an attachment of earnings order to secure the payment of the fine. (3C) Where— (a) a magistrates’ court makes in the case of a person convicted of an offence an order under section 35 of the Powers of Criminal Courts Act 1973 (a compensation order) requiring him to pay compensation or to make other payments, and (b) that person consents to an order being made under this subsection, the court may at the time it makes the compensation order, and without the need for an application, make an attachment of earnings order to secure the payment of the compensation or other payments.

• (2) This section applies in relation to—

• (a) fines imposed in respect of offences committed on or after the appointed day;

• (b) compensation orders made on convictions for offences committed on or after that day.

• (3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Part VII — Miscellaneous and General

Tainted acquittals

Acquittals tainted by intimidation etc.

54

• (1) This section applies where—

• (a) a person has been acquitted of an offence, and

• (b) a person has been convicted of an administration of justice offence involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the acquittal.

• (2) Where it appears to the court before which the person was convicted that—

• (a) there is a real possibility that, but for the interference or intimidation, the acquitted person would not have been acquitted, and

• (b) subsection (5) does not apply,

the court shall certify that it so appears.

• (3) Where a court certifies under subsection (2) an application may be made to the High Court for an order quashing the acquittal, and the Court shall make the order if (but shall not do so unless) the four conditions in section 55 are satisfied.

• (4) Where an order is made under subsection (3) proceedings may be taken against the acquitted person for the offence of which he was acquitted.

• (5) This subsection applies if, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.

• (6) For the purposes of this section the following offences are administration of justice offences—

• (a) the offence of perverting the course of justice;

• (b) the offence under section 51(1) of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others);

• (c) an offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the Perjury Act 1911.

• (7) This section applies in relation to acquittals in respect of offences alleged to be committed on or after the appointed day.

• (8) The reference in subsection (7) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Conditions for making order.

55

• (1) The first condition is that it appears to the High Court likely that, but for the interference or intimidation, the acquitted person would not have been acquitted.

• (2) The second condition is that it does not appear to the Court that, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.

• (3) The third condition is that it appears to the Court that the acquitted person has been given a reasonable opportunity to make written representations to the Court.

• (4) The fourth condition is that it appears to the Court that the conviction for the administration of justice offence will stand.

• (5) In applying subsection (4) the Court shall—

• (a) take into account all the information before it, but

• (b) ignore the possibility of new factors coming to light.

• (6) Accordingly, the fourth condition has the effect that the Court shall not make an order under section 54(3) if (for instance) it appears to the Court that any time allowed for giving notice of appeal has not expired or that an appeal is pending.

Time limits for proceedings.

56

• (1) Where—

• (a) an order is made under section 54(3) quashing an acquittal,

• (b) by virtue of section 54(4) it is proposed to take proceedings against the acquitted person for the offence of which he was acquitted, and

• (c) apart from this subsection, the effect of an enactment would be that the proceedings must be commenced before a specified period calculated by reference to the commission of the offence,

in relation to the proceedings the enactment shall have effect as if the period were instead one calculated by reference to the time the order is made under section 54(3).

• (2) Subsection (1)(c) applies however the enactment is expressed so that (for instance) it applies in the case of—

• (a) paragraph 10 of Schedule 2 to the Sexual Offences Act 1956 (prosecution for certain offences may not be commenced more than 12 months after offence);

• (b) section 127(1) of the Magistrates’ Courts Act 1980 (magistrates’ court not to try information unless it is laid within 6 months from time when offence committed);

• (c) an enactment that imposes a time limit only in certain circumstances (as where proceedings are not instituted by or with the consent of the Director of Public Prosecutions).

Tainted acquittals: supplementary.

57

• (1) Section 45 of the Offences Against the Person Act 1861 (which releases a person from criminal proceedings in certain circumstances) shall have effect subject to section 54(4) of this Act.

• (2) The Contempt of Court Act 1981 shall be amended as mentioned in subsections (3) and (4).

• (3) In section 4 (contemporary reports of proceedings) after subsection (2) there shall be inserted—

(2A) Where in proceedings for any offence which is an administration of justice offence for the purposes of section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) it appears to the court that there is a possibility that (by virtue of that section) proceedings may be taken against a person for an offence of which he has been acquitted, subsection (2) of this section shall apply as if those proceedings were pending or imminent.

• (4) In Schedule 1 (time when proceedings are active for purposes of section 2) in paragraph 3 (period for which criminal proceedings are active) after “4” there shall be inserted “ or 4A ”, and after paragraph 4 there shall be inserted—

(4A) Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.

Derogatory assertions (Northern Ireland)

Orders in respect of certain assertions.

58

• (1) This section applies where a person has been convicted of an offence and a speech in mitigation is made by him or on his behalf before—

• (a) a court in Northern Ireland determining what sentence should be passed on him in respect of the offence, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) This section also applies where a sentence has been passed on a person in respect of an offence and a submission relating to the sentence is made by him or on his behalf before—

• (a) a court in Northern Ireland hearing an appeal against or reviewing the sentence, or

• (b) a court in Northern Ireland determining whether to grant leave to appeal against the sentence.

• (3) Where it appears to the court that there is a real possibility that an order under subsection (8) will be made in relation to the assertion, the court may make an order under subsection (7) in relation to the assertion.

• (4) Where there are substantial grounds for believing—

• (a) that an assertion forming part of the speech or submission is derogatory to a person’s character (for instance, because it suggests that his conduct is or has been criminal, immoral or improper), and

• (b) that the assertion is false or that the facts asserted are irrelevant to the sentence,

the court may make an order under subsection (8) in relation to the assertion.

• (5) An order under subsection (7) or (8) must not be made in relation to an assertion if it appears to the court that the assertion was previously made—

• (a) at the trial at which the person was convicted of the offence, or

• (b) during any other proceedings relating to the offence.

• (6) Section 59 has effect where a court makes an order under subsection (7) or (8).

• (7) An order under this subsection—

• (a) may be made at any time before the court has made a determination with regard to sentencing;

• (b) may be revoked at any time by the court;

• (c) subject to paragraph (b), shall cease to have effect when the court makes a determination with regard to sentencing.

• (8) An order under this subsection—

• (a) may be made after the court has made a determination with regard to sentencing, but only if it is made as soon as is reasonably practicable after the making of the determination;

• (b) may be revoked at any time by the court;

• (c) subject to paragraph (b), shall cease to have effect at the end of the period of 12 months beginning with the day on which it is made;

• (d) may be made whether or not an order has been made under subsection (7) with regard to the case concerned.

• (9) For the purposes of subsections (7) and (8) the court makes a determination with regard to sentencing—

• (a) when it determines what sentence should be passed (where this section applies by virtue of subsection (1)(a));

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) when it determines what the sentence should be (where this section applies by virtue of subsection (2)(a));

• (d) when it determines whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).

Restriction on reporting of assertions.

59

• (1) Where a court makes an order under section 58(7) or (8) in relation to any assertion, at any time when the order has effect the assertion must not—

• (a) be published in Northern Ireland in a written publication available to the public, or

• (b) be included in a relevant programme for reception in Northern Ireland.

• (2) In this section—

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

• “written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

• (3) For the purposes of this section an assertion is published or included in a programme if the material published or included—

• (a) names the person about whom the assertion is made or, without naming him, contains enough to make it likely that members of the public will identify him as the person about whom it is made, and

• (b) reproduces the actual wording of the matter asserted or contains its substance.

Reporting of assertions: offences.

60

• (1) If an assertion is published or included in a relevant programme in contravention of section 59, each of the following persons is guilty of an offence—

• (a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

• (b) in the case of publication in any other form, the person publishing the assertion;

• (c) in the case of an assertion included in a relevant programme, any body corporate engaged in providing the 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.

• (2) A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

• (3) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence—

• (a) he was not aware, and neither suspected nor had reason to suspect, that an order under section 58(7) or (8) had effect at that time, or

• (b) he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the assertion in question.

• (4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (5) In relation to a body corporate whose affairs are managed by its members “director” in subsection (4) means a member of the body corporate.

• (6) Subsections (2) and (3) of section 59 apply for the purposes of this section as they apply for the purposes of that.

Reporting of assertions: commencement and supplementary.

61

• (1) Section 58 applies where the offence mentioned in subsection (1) or (2) of that section is committed on or after the appointed day.

• (2) The reference in subsection (1) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

• (3) Nothing in section 58 or 59 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 159 of the Criminal Justice Act 1988 (appeal to Court of Appeal against orders restricting reports etc.) in subsection (1) the following paragraph shall be inserted after paragraph (a)—

(aa) an order made by the Crown Court under section 58(7) or (8) of the Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment;

.

Evidence: special provisions

Television links and video recordings.

62

• (1) In section 32 of the Criminal Justice Act 1988 (evidence through television links) the following subsections shall be inserted after subsection (3B)—

(3C) Where— (a) the court gives leave for a person to give evidence through a live television link, and (b) the leave is given by virtue of subsection (1)(b) above, then, subject to subsection (3D) below, the person concerned may not give evidence otherwise than through a live television link. (3D) In a case falling within subsection (3C) above the court may give permission for the person to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission. (3E) Permission may be given under subsection (3D) above— (a) on an application by a party to the case, or (b) of the court’s own motion; but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given by virtue of subsection (1)(b) above.

• (2) In section 32A of the Criminal Justice Act 1988 (video recordings of testimony from child witnesses) the following subsections shall be inserted after subsection (6)—

(6A) Where the court gives leave under subsection (2) above the child witness shall not give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording; but this is subject to subsection (6B) below. (6B) In a case falling within subsection (6A) above the court may give permission for the child witness to give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording if it appears to the court to be in the interests of justice to give such permission. (6C) Permission may be given under subsection (6B) above— (a) on an application by a party to the case, or (b) of the court’s own motion; but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given under subsection (2) above. (6D) For the purposes of subsections (6A) and (6B) above evidence is relevant evidence if— (a) it is evidence in chief on behalf of the party who tendered the video recording, and (b) it relates to matter which, in the opinion of the court, is dealt with in the recording and which the court has not directed to be excluded under subsection (3) above.

• (3) This section applies where the leave concerned is given on or after the appointed day.

• (4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Road traffic and transport: provision of specimens.

63

• (1) In section 7(3) of the Road Traffic Act 1988 (provision of blood or urine in course of investigating whether certain road traffic offences have been committed) after paragraph (b) there shall be inserted—

(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or

.

• (2) In section 31(4) of the Transport and Works Act 1992 (provision of blood or urine in course of investigating whether certain offences have been committed by persons working on transport systems) the word “or” at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted—

(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or

.

• (3) This section applies where it is proposed to make a requirement mentioned in section 7(3) of the 1988 Act or section 31(3) of the 1992 Act after the appointed day.

• (4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Checks against fingerprints etc.

64

Witness orders and summonses

Abolition of witness orders.

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Summons to witness to attend Crown Court.

66

• (1) The Criminal Procedure (Attendance of Witnesses) Act 1965 shall be amended as follows.

• (2) The following shall be substituted for section 2 (summons to witness to attend Crown Court)—

(2) (1) This section applies where the Crown Court is satisfied that— (a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and (b) the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing. (2) In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to— (a) attend before the Crown Court at the time and place stated in the summons, and (b) give the evidence or produce the document or thing. (3) A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled. (4) Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal. (5) Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer. (6) Where the proceedings concerned relate to an offence in relation to which a bill of indictment has been preferred under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of judge) an application must be made as soon as is reasonably practicable after the bill was preferred. (7) An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (8) Crown Court rules— (a) may, in such cases as the rules may specify, require an application to be made by a party to the case; (b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed; (c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate; (d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons. (9) Provision contained in Crown Court rules by virtue of subsection (8)(c) above may in particular require an affidavit to— (a) set out any charge on which the proceedings concerned are based; (b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it; (c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing; (d) specify grounds for believing that any stipulated evidence is likely to be material evidence; (e) specify grounds for believing that any stipulated document or thing is likely to be material evidence. (10) In subsection (9) above— (a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons; (b) references to the directed person are to the person to whom the witness summons is proposed to be directed. (2A) A witness summons which is issued under section 2 above and which requires a person to produce a document or thing as mentioned in section 2(2) above may also require him to produce the document or thing— (a) at a place stated in the summons, and (b) at a time which is so stated and precedes that stated under section 2(2) above, for inspection by the person applying for the summons. (2B) (1) If— (a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under section 2A above, (b) the person applying for the summons concludes that a requirement imposed by the summons under section 2(2) above is no longer needed, and (c) he accordingly applies to the Crown Court for a direction that the summons shall be of no further effect, the court may direct accordingly. (2) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (3) Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed. (2C) (1) If a witness summons issued under section 2 above is directed to a person who— (a) applies to the Crown Court, (b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and (c) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence, the court may direct that the summons shall be of no effect. (2) For the purposes of subsection (1) above it is immaterial— (a) whether or not Crown Court rules require the person to be served with notice of the application to issue the summons; (b) whether or not Crown Court rules enable the person to be present or represented at the hearing of the application. (3) In subsection (1)(b) above “served” means— (a) served in accordance with Crown Court rules, in a case where such rules require the person to be served with notice of the application to issue the summons; (b) served in such way as appears reasonable to the court to which the application is made under this section, in any other case. (4) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled. (5) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (6) Crown Court rules may, in such cases as the rules may specify, require the service of notice of an application under this section on the person on whose application the witness summons was issued. (7) Crown Court rules may, in such cases as the rules may specify, require that where— (a) a person applying under this section can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application. (8) Where a direction is made under this section that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this section. (9) Any costs payable under an order made under subsection (8) above shall be taxed by the proper officer of the court, and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt. (2D) For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to— (a) attend before the court at the time and place stated in the summons, and (b) give evidence, or produce any document or thing specified in the summons. (2E) (1) If a witness summons issued under section 2D above is directed to a person who— (a) applies to the Crown Court, and (b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence, the court may direct that the summons shall be of no effect. (2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled. (3) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case. (4) Crown Court rules may, in such cases as the rules may specify, require that where— (a) a person applying under this section can produce a particular document or thing, but (b) he seeks to satisfy the court that the document or thing is not likely to be material evidence, he must arrange for the document or thing to be available at the hearing of the application.

.

• (3) In section 3 (punishment for disobedience to witness summons) after subsection (1) there shall be inserted—

(1A) Any person who without just excuse disobeys a requirement made by any court under section 2A above shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt had been committed in the face of the court.

• (4) In section 3, in subsection (2) for the words “such disobedience” there shall be substituted “any disobedience mentioned in subsection (1) or (1A) above”.

• (5) In section 4 (further process to secure attendance of witness) in the proviso to subsection (1) after the word “give” there shall be inserted “evidence likely to be”.

• (6) Schedule 1 (application for direction that witness summons shall be of no effect) shall be omitted.

• (7) This section applies in relation to any proceedings for the purpose of which no witness summons has been issued under section 2 of the 1965 Act before the appointed day.

• (8) The reference in subsection (7) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Witness summons: securing attendance of witness.

67

• (1) In section 4(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (judge of High Court may issue warrant to arrest witness in respect of whom witness summons is in force) for the words “High Court” there shall be substituted “ Crown Court ”.

• (2) This section shall have effect in accordance with provision made by the Secretary of State by order.

Other miscellaneous provisions

Use of written statements and depositions at trial.

68

Schedule 2 to this Act (which relates to the use at the trial of written statements and depositions admitted in evidence in committal proceedings) shall have effect.

Proof by written statement.

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indemnification of justices and justices’ clerks.

70

• (1) In section 53 of the Justices of the Peace Act 1979 (indemnification of justices and justices’ clerks) the following subsection shall be inserted after subsection (1)—

(1A) So far as the duty mentioned in subsection (1) above relates to criminal matters, that subsection shall have effect as if— (a) for the word “may” there were substituted “shall”, and (b) for the words following paragraph (c) there were substituted “unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith”.

• (2) This section applies in relation to things done or omitted on or after the appointed day.

• (3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Meaning of preliminary stage of criminal proceedings.

71

• (1) Section 22 of the Prosecution of Offences Act 1985 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) shall be amended as mentioned in subsections (2) and (3).

• (2) In subsection (11) the following shall be substituted for the definition of “preliminary stage”—

• “preliminary stage”, in relation to any proceedings, does not include any stage after the start of the trial (within the meaning given by subsections (11A) and (11B) below);

.

• (3) The following subsections shall be inserted after subsection (11)—

(11A) For the purposes of this section, the start of a trial on indictment shall be taken to occur when a jury is sworn to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before a jury is sworn, when that plea is accepted; but this is subject to section 8 of the Criminal Justice Act 1987 and section 30 of the Criminal Procedure and Investigations Act 1996 (preparatory hearings). (11B) For the purposes of this section, the start of a summary trial shall be taken to occur— (a) when the court begins to hear evidence for the prosecution at the trial or to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused), or (b) if the court accepts a plea of guilty without proceeding as mentioned above, when that plea is accepted.

• (4) The Prosecution of Offences (Custody Time Limits) Regulations 1987 shall be amended as follows, but without prejudice to the power to make further regulations amending or revoking the provisions amended—

• (a) in regulation 2 (interpretation) for paragraph (3) there shall be substituted—

(3) In these Regulations any reference to the start of the trial shall be construed in accordance with section 22(11A) and (11B) of the 1985 Act.

;

• (b) in regulation 4 (custody time limits in magistrates’ courts) in paragraphs (2) and (3) for “commencement” there shall be substituted “ start ”;

• (c) in regulation 5 (custody time limits in Crown Court) for “his arraignment” in paragraphs (3)(a) and (b) and (6)(a) and (b), and for “the accused’s arraignment” in paragraph (5), there shall be substituted “ the start of the trial ”;

• (d) regulation 5(7) (when arraignment occurs) shall be omitted.

• (5) This section applies in relation to—

• (a) any time limit which begins to run on or after the appointed day, and

• (b) any time limit which has begun to run and has not expired before that day,

except that it does not apply in relation to proceedings for an offence for which the accused has been duly arraigned in the Crown Court before that day.

• (6) The reference in subsection (5) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

Fraud.

72

Schedule 3 (which amends provisions relating to serious or complex fraud) shall have effect.

Amendments to the Criminal Procedure (Scotland) Act 1995.

73

• (1) The Criminal Procedure (Scotland) Act 1995 shall be amended as follows.

• (2) In section 27 (breach of bail conditions: offences) the following subsection shall be inserted after subsection (4)—

(4A) The fact that the subsequent offence was committed while the accused was on bail shall, unless challenged— (a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or (b) in summary proceedings, by preliminary objection before his plea is recorded, be held as admitted.

.

• (3) In subsection (1) of section 65 (prevention of delay in trials), for the words from “shall be discharged forthwith” to the end of the subsection there shall be substituted—

(a) shall be discharged forthwith from any indictment as respects the offence; and (b) shall not at any time be proceeded against on indictment as respects the offence

.

• (4) In Schedule 9 (certificates as to proof of certain routine matters), in the entry relating to the Social Security Administration Act 1992, for “Section 114(4)” in column 1 there shall be substituted “ Section 112(1) ”.

Alibi.

74

• (1) Section 11 of the Criminal Justice Act 1967 (notice of alibi) shall cease to have effect, but subject to the following provisions of this section.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 9(6) of the Criminal Justice Act 1987 (disclosure in cases involving fraud) in paragraph (a) for the words “section 11 of the Criminal Justice Act 1967” there shall be substituted “ section 5(7) of the Criminal Procedure and Investigations Act 1996 ”.

• (5) This section applies in relation to alleged offences into which no criminal investigation, within the meaning given by section 1(4), has begun before the day appointed under section 1(5).

General

Time when alleged offence committed.

75

• (1) Subsection (2) applies for the purposes of sections 52(3) and 54(7).

• (2) Where an offence is alleged to be committed over a period of more than one day, or at some time during a period of more than one day, it must be taken to be alleged to be committed on the last of the days in the period.

• (3) Subsection (2) applies for the purposes of section 61(1) as if “alleged to be” (in each place) were omitted.

Power of magistrates’ courts.

76

In section 148(2) of the Magistrates’ Courts Act 1980 (power of court to act where another may act) the reference to that Act includes a reference to this Act.

Orders and regulations.

77

• (1) This section concerns the powers of the Secretary of State to make orders or regulations under this Act.

• (2) Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.

• (3) Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.

• (4) Any power to make an order or regulations shall be exercisable by statutory instrument.

• (5) No regulations or order under section 6A or 25 shall have effect unless approved by a resolution of each House of Parliament.

• (6) A statutory instrument containing—

• (a) an order under section 78, or

• (b) regulations (other than regulations under section 6A) ,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Application to armed forces.

78

• (1) Subject to subsection (2), nothing in this Act applies in relation to—

• (a) proceedings before a court (other than a civilian court) in respect of a service offence; or

• (b) any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.

• (2) The Secretary of State may by order—

• (a) make as regards any proceedings mentioned in subsection (1)(a) provision equivalent to the provisions contained in or made under Part 1, subject to such modifications as he considers appropriate;

• (b) make as regards any investigation mentioned in subsection (1)(b) provision equivalent to the provisions contained in or made under Part 2, subject to such modifications as he considers appropriate.

• (3) An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.

• (4) In this section—

• (a) “civilian court” and “service offence” have the same meanings as in the Armed Forces Act 2006;

• (b) references to charges are to charges brought under Part 5 of that Act.

Extent.

79

• (1) This Act does not extend to Scotland, with the exception of—

• (a) sections 37, 38, 41, 42, 59, 60, 61(3), 63, 72, 73, 74(2) and (3) and 78, this section and section 81;

• (b) paragraphs 6 and 7 of Schedule 3, and paragraph 8 of that Schedule so far as it relates to paragraphs 6 and 7;

• (c) paragraph 5 of Schedule 5;

• (d) paragraph 12 of Schedule 5 so far as it relates to provisions amending section 11 of the Criminal Justice Act 1987.

• (2) Section 73 extends only to Scotland.

• (3) Parts III (other than sections 37 and 38) and VI and sections 44, 47, 65, 67, 68 and 71 do not extend to Northern Ireland.

• (3A) Sections 58 to 60 and section 61(1) to (3) extend only to Northern Ireland.

• (4) In its application to Northern Ireland, this Act has effect subject to the modifications set out in Schedule 4.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeals.

80

The provisions mentioned in Schedule 5 are repealed (or revoked) to the extent specified in column 3, but subject to any provision of that Schedule.

Citation.

81

This Act may be cited as the Criminal Procedure and Investigations Act 1996.

SCHEDULE 1

Part I — Magistrates’ Courts Act 1980

Introduction

1

The Magistrates’ Courts Act 1980 shall be amended as mentioned in this Part of this Schedule.

Amendments

2

• (1) Section 4 (general nature of committal proceedings) shall be amended as follows.

• (2) The following subsection shall be substituted for subsection (3)—

(3) Subject to subsection (4) below, evidence tendered before examining justices shall be tendered in the presence of the accused.

• (3) In subsection (4) for the word “given” (in each place) there shall be substituted “ tendered ”.

3

The following sections shall be inserted after section 5—

(5A) (1) Evidence falling within subsection (2) below, and only that evidence, shall be admissible by a magistrates’ court inquiring into an offence as examining justices. (2) Evidence falls within this subsection if it— (a) is tendered by or on behalf of the prosecutor, and (b) falls within subsection (3) below. (3) The following evidence falls within this subsection— (a) written statements complying with section 5B below; (b) the documents or other exhibits (if any) referred to in such statements; (c) depositions complying with section 5C below; (d) the documents or other exhibits (if any) referred to in such depositions; (e) statements complying with section 5D below; (f) documents falling within section 5E below. (4) In this section “document” means anything in which information of any description is recorded. (5B) (1) For the purposes of section 5A above a written statement complies with this section if— (a) the conditions falling within subsection (2) below are met, and (b) such of the conditions falling within subsection (3) below as apply are met. (2) The conditions falling within this subsection are that— (a) the statement purports to be signed by the person who made it; (b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true; (c) before the statement is tendered in evidence a copy of the statement is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings. (3) The conditions falling within this subsection are that— (a) if the statement is made by a person under 18 years old, it gives his age; (b) if it is made by a person who cannot read it, it is read to him before he signs it and is accompanied by a declaration by the person who so read the statement to the effect that it was so read; (c) if it refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2)(c) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it. (4) So much of any statement as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud. (5) Any document or other object referred to as an exhibit and identified in a statement admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement. (6) In this section “document” means anything in which information of any description is recorded. (5C) (1) For the purposes of section 5A above a deposition complies with this section if— (a) a copy of it is sent to the prosecutor under section 97A(9) below, (b) the condition falling within subsection (2) below is met, and (c) the condition falling within subsection (3) below is met, in a case where it applies. (2) The condition falling within this subsection is that before the magistrates’ court begins to inquire into the offence concerned as examining justices a copy of the deposition is given, by or on behalf of the prosecutor, to each of the other parties to the proceedings. (3) The condition falling within this subsection is that, if the deposition refers to any other document as an exhibit, the copy given to any other party to the proceedings under subsection (2) above is accompanied by a copy of that document or by such information as may be necessary to enable the party to whom it is given to inspect that document or a copy of it. (4) So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud. (5) Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the person whose evidence is taken as the deposition. (6) In this section “document” means anything in which information of any description is recorded. (5D) (1) For the purposes of section 5A above a statement complies with this section if the conditions falling within subsections (2) to (4) below are met. (2) The condition falling within this subsection is that, before the committal proceedings begin, the prosecutor notifies the magistrates’ court and each of the other parties to the proceedings that he believes— (a) that the statement might by virtue of section 23 or 24 of the Criminal Justice Act 1988 (statements in certain documents) be admissible as evidence if the case came to trial, and (b) that the statement would not be admissible as evidence otherwise than by virtue of section 23 or 24 of that Act if the case came to trial. (3) The condition falling within this subsection is that— (a) the prosecutor’s belief is based on information available to him at the time he makes the notification, (b) he has reasonable grounds for his belief, and (c) he gives the reasons for his belief when he makes the notification. (4) The condition falling within this subsection is that when the court or a party is notified as mentioned in subsection (2) above a copy of the statement is given, by or on behalf of the prosecutor, to the court or the party concerned. (5) So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud. (5E) (1) The following documents fall within this section— (a) any document which by virtue of any enactment is evidence in proceedings before a magistrates’ court inquiring into an offence as examining justices; (b) any document which by virtue of any enactment is admissible, or may be used, or is to be admitted or received, in or as evidence in such proceedings; (c) any document which by virtue of any enactment may be considered in such proceedings; (d) any document whose production constitutes proof in such proceedings by virtue of any enactment; (e) any document by the production of which evidence may be given in such proceedings by virtue of any enactment. (2) In subsection (1) above— (a) references to evidence include references to prima facie evidence; (b) references to any enactment include references to any provision of this Act. (3) So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud. (4) In this section “document” means anything in which information of any description is recorded. (5F) (1) Where a statement, deposition or document is admissible in evidence by virtue of section 5B, 5C, 5D or 5E above it may be proved by the production of— (a) the statement, deposition or document, or (b) a copy of it or the material part of it. (2) Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence. (3) It is immaterial for the purposes of this section how many removes there are between a copy and the original. (4) In this section “copy”, in relation to a statement, deposition or document, means anything onto which information recorded in the statement, deposition or document has been copied, by whatever means and whether directly or indirectly.

4

In section 6 (discharge or committal for trial) the following subsections shall be substituted for subsections (1) and (2)—

(1) A magistrates’ court inquiring into an offence as examining justices shall on consideration of the evidence— (a) commit the accused for trial if it is of opinion that there is sufficient evidence to put him on trial by jury for any indictable offence; (b) discharge him if it is not of that opinion and he is in custody for no other cause than the offence under inquiry; but the preceding provisions of this subsection have effect subject to the provisions of this and any other Act relating to the summary trial of indictable offences. (2) If a magistrates’ court inquiring into an offence as examining justices is satisfied that all the evidence tendered by or on behalf of the prosecutor falls within section 5A(3) above, it may commit the accused for trial for the offence without consideration of the contents of any statements, depositions or other documents, and without consideration of any exhibits which are not documents, unless— (a) the accused or one of the accused has no legal representative acting for him in the case, or (b) a legal representative for the accused or one of the accused, as the case may be, has requested the court to consider a submission that there is insufficient evidence to put that accused on trial by jury for the offence; and subsection (1) above shall not apply to a committal for trial under this subsection.

5

• (1) Section 25 (change from summary trial to committal proceedings) shall be amended as follows.

• (2) In subsections (2) and (6) for the words “may adjourn the hearing without remanding the accused” there shall be substituted “ shall adjourn the hearing. ”

• (3) The following subsection shall be inserted after subsection (7)—

(8) If the court adjourns the hearing under subsection (2) or (6) above it may (if it thinks fit) do so without remanding the accused.

6

Section 28 (using in summary trial evidence given in committal proceedings) shall be omitted.

7

In section 97 (summons to witness and warrant for his arrest) in subsection (1)—

• (a) the words “at an inquiry into an indictable offence by a magistrates’ court for that commission area or” shall be omitted;

• (b) for the words “such a court” there shall be substituted “ a magistrates’ court for that commission area ”.

8

The following section shall be inserted after section 97—

(97A) (1) Subsection (2) below applies where a justice of the peace for any commission area is satisfied that— (a) any person in England or Wales is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings before a magistrates’ court inquiring into an offence as examining justices, (b) the person will not voluntarily make the statement or produce the document or other exhibit, and (c) the magistrates’ court mentioned in paragraph (a) above is a court for the commission area concerned. (2) In such a case the justice shall issue a summons directed to that person requiring him to attend before a justice at the time and place appointed in the summons to have his evidence taken as a deposition or to produce the document or other exhibit. (3) If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under subsection (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the person concerned and bring him before a justice at the time and place specified in the warrant. (4) A summons may also be issued under subsection (2) above if the justice is satisfied that the person concerned is outside the British Islands, but no warrant may be issued under subsection (3) above unless the justice is satisfied by evidence on oath that the person concerned is in England or Wales. (5) If— (a) a person fails to attend before a justice in answer to a summons under this section, (b) the justice is satisfied by evidence on oath that he is likely to be able to make a statement or produce a document or other exhibit as mentioned in subsection (1)(a) above, (c) it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him for costs and expenses, and (d) it appears to the justice that there is no just excuse for the failure, the justice may issue a warrant to arrest him and bring him before a justice at a time and place specified in the warrant. (6) Where— (a) a summons is issued under subsection (2) above or a warrant is issued under subsection (3) or (5) above, and (b) the summons or warrant is issued with a view to securing that a person has his evidence taken as a deposition, the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before a magistrates’ court begins to inquire into the offence concerned as examining justices. (7) If any person attending or brought before a justice in pursuance of this section refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following— (a) commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as a deposition or produces the document or other exhibit; (b) impose on him a fine not exceeding £2,500. (8) A fine imposed under subsection (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction. (9) If in pursuance of this section a person has his evidence taken as a deposition, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor. (10) If in pursuance of this section a person produces an exhibit which is a document, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor. (11) If in pursuance of this section a person produces an exhibit which is not a document, the clerk of the justice concerned shall as soon as is reasonably practicable inform the prosecutor of the fact and of the nature of the exhibit.

9

Section 102 (written statements before examining justices) shall be omitted.

10

• (1) Section 103 (evidence of children in certain committal proceedings) shall be amended as follows.

• (2) The following subsection shall be substituted for subsection (1)—

(1) In any proceedings before a magistrates’ court inquiring as examining justices into an offence to which this section applies, a statement made in writing by or taken in writing from a child shall be admissible in evidence of any matter.

• (3) Subsections (3) and (4) (exclusion of subsection (1) and of section 28) shall be omitted.

11

Section 105 (deposition of person dangerously ill may be given in evidence before examining justices) shall be omitted.

12

In section 106 (false written statements tendered in evidence) in subsection (1) for “tendered” there shall be substituted “ admitted ” and for “section 102” there shall be substituted “ section 5B ”.

13

In Schedule 3 the following shall be substituted for paragraph 2(a) (representative may make statement on behalf of corporation before examining justices)—

(a) make before examining justices such representations as could be made by an accused who is not a corporation;

.

Part II — Other Provisions

Criminal Law Amendment Act 1867

14

Sections 6 and 7 of the Criminal Law Amendment Act 1867 (statements taken under section 105 of the Magistrates’ Courts Act 1980) shall be omitted.

Bankers’ Books Evidence Act 1879

15

The following shall be inserted at the end of section 4 of the Bankers’ Books Evidence Act 1879—

Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “orally or”.

16

The following shall be inserted at the end of section 5 of the Bankers’ Books Evidence Act 1879—

Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “either orally or”

.

Administration of Justice (Miscellaneous Provisions) Act 1933

17

In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) in proviso (i) to subsection (2) for the words “in any examination or deposition taken before a justice in his presence” there shall be substituted “ to the magistrates’ court inquiring into that offence as examining justices ”.

Criminal Justice Act 1948

18

In section 41 of the Criminal Justice Act 1948 (evidence by certificate) the following subsection shall be inserted after subsection (5)—

(5A) Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of— (a) subsection (4), and (b) in subsection (5), paragraph (b) and the word “or” immediately preceding it.

Theft Act 1968

19

In section 27 of the Theft Act 1968 (evidence on charge of theft or handling stolen goods) the following subsection shall be inserted after subsection (4)—

(4A) Where the proceedings mentioned in subsection (4) above are proceedings before a magistrates’ court inquiring into an offence as examining justices that subsection shall have effect with the omission of the words from “subject to the following conditions” to the end of the subsection.

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969

21

In Schedule 5 to the Children and Young Persons Act 1969, in paragraph 55 for the words “section 102” there shall be substituted “ section 5B ”.

Criminal Justice Act 1972

22

• (1) Section 46 of the Criminal Justice Act 1972 (written statements made outside England and Wales) shall be amended as follows.

• (2) In subsection (1) the following words shall be omitted—

• (a) “Section 102 of the Magistrates’ Courts Act 1980 and”;

• (b) “which respectively allow”;

• (c) “committal proceedings and in other”;

• (d) “and section 106 of the said Act of 1980”;

• (e) “which punish the making of”;

• (f) “102 or”;

• (g) “, as the case may be”.

• (3) The following subsections shall be inserted after subsection (1)—

(1A) The following provisions, namely— (a) so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, (b) section 5B of that Act, and (c) section 106 of that Act, shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales. (1B) The following provisions, namely— (a) so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and (b) section 5B of that Act, shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom. (1C) Where written statements are made outside the United Kingdom— (a) section 5B of the Magistrates’ Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A); (b) paragraph 1 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply.

• (4) Subsection (2) shall be omitted.

Sexual Offences (Amendment) Act 1976

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984

24

The following shall be inserted at the end of section 71 of the Police and Criminal Evidence Act 1984 (microfilm copies)—

Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of the words “authenticated in such manner as the court may approve.”

25

In section 76 of the Police and Criminal Evidence Act 1984 (confessions) the following subsection shall be inserted after subsection (8)—

(9) Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of— (a) in subsection (1) the words “and is not excluded by the court in pursuance of this section”, and (b) subsections (2) to (6) and (8).

26

In section 78 of the Police and Criminal Evidence Act 1984 (exclusion of unfair evidence) the following subsection shall be inserted after subsection (2)—

(3) This section shall not apply in the case of proceedings before a magistrates’ court inquiring into an offence as examining justices.

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1988

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

In section 30 of the Criminal Justice Act 1988 (expert reports) the following subsection shall be inserted after subsection (4)—

(4A) Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of— (a) in subsection (1) the words “whether or not the person making it attends to give oral evidence in those proceedings”, and (b) subsections (2) to (4).

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

In section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) in subsection (1) for the words from “in an examination” to the end of the subsection there shall be substituted “ to a magistrates’ court inquiring into the offence as examining justices ”.

Road Traffic Offenders Act 1988

35

In section 11 of the Road Traffic Offenders Act 1988 (evidence by certificate as to driver, user or owner) the following subsection shall be inserted after subsection (3)—

(3A) Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of— (a) subsection (2), and (b) in subsection (3), paragraph (b) and the word “or” immediately preceding it.

36

In section 13 of the Road Traffic Offenders Act 1988 (admissibility of records as evidence) the following subsection shall be inserted after subsection (6)—

(7) Where the proceedings mentioned in subsection (2) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if— (a) in subsection (2) the words “to the same extent as oral evidence of that fact is admissible in those proceedings” were omitted; (b) in subsection (4) the word “and” were inserted at the end of paragraph (a); (c) in subsection (4), paragraphs (c) and (d) and the words “as if the accused had appeared and admitted it” were omitted.

37

In section 16 of the Road Traffic Offenders Act 1988 (specimens) the following subsection shall be inserted after subsection (6)—

(6A) Where the proceedings mentioned in section 15(1) of this Act are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of subsection (4).

38

In section 20 of the Road Traffic Offenders Act 1988 (speeding etc.) the following subsection shall be inserted after subsection (8)—

(8A) Where the proceedings for an offence to which this section applies are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if in subsection (8) the words from “and nothing” to the end of the subsection were omitted.

Part III — Commencement

39

Parts I and II of this Schedule shall have effect in accordance with provision made by the Secretary of State by order.

SCHEDULE 2

Statements

1

• (1) Sub-paragraph (2) applies if—

• (a) a written statement has been admitted in evidence in proceedings before a magistrates’ court inquiring into an offence as examining justices,

• (b) in those proceedings a person has been committed for trial,

• (c) for the purposes of section 5A of the Magistrates’ Courts Act 1980 the statement complied with section 5B of that Act prior to the committal for trial,

• (d) the statement purports to be signed by a justice of the peace, and

• (e) sub-paragraph (3) does not prevent sub-paragraph (2) applying.

• (2) Where this sub-paragraph applies the statement may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.

• (3) Sub-paragraph (2) does not apply if—

• (a) it is proved that the statement was not signed by the justice by whom it purports to have been signed,

• (b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or

• (c) a party to the proceedings objects to sub-paragraph (2) applying.

• (4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.

Depositions

2

• (1) Sub-paragraph (2) applies if—

• (a) in pursuance of section 97A of the Magistrates’ Courts Act 1980 (summons or warrant to have evidence taken as a deposition etc.) a person has had his evidence taken as a deposition for the purposes of proceedings before a magistrates’ court inquiring into an offence as examining justices,

• (b) the deposition has been admitted in evidence in those proceedings,

• (c) in those proceedings a person has been committed for trial,

• (d) for the purposes of section 5A of the Magistrates’ Courts Act 1980 the deposition complied with section 5C of that Act prior to the committal for trial,

• (e) the deposition purports to be signed by the justice before whom it purports to have been taken, and

• (f) sub-paragraph (3) does not prevent sub-paragraph (2) applying.

• (2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.

• (3) Sub-paragraph (2) does not apply if—

• (a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed,

• (b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or

• (c) a party to the proceedings objects to sub-paragraph (2) applying.

• (4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.

Signatures

3

• (1) A justice who signs a certificate authenticating one or more relevant statements or depositions shall be treated for the purposes of paragraphs 1 and 2 as signing the statement or deposition or (as the case may be) each of them.

• (2) For this purpose—

• (a) a relevant statement is a written statement made by a person for the purposes of proceedings before a magistrates’ court inquiring into an offence as examining justices;

• (b) a relevant deposition is a deposition made in pursuance of section 97A of the Magistrates’ Courts Act 1980 for the purposes of such proceedings.

Time limit for objection

4

Criminal Procedure Rules may make provision—

• (a) requiring an objection under paragraph 1(3)(c) or 2(3)(c) to be made within a period prescribed in the rules;

• (b) allowing the court of trial at its discretion to permit such an objection to be made outside any such period.

Retrial

5

In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial) in paragraph 1 for the words from “section 13(3)” to “before the original trial” there shall be substituted “ paragraphs 1 and 2 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial ”.

Repeals

6

• (1) Section 13(3) of the Criminal Justice Act 1925 (which relates to depositions taken before examining justices and is superseded by paragraph 2 above) shall be omitted.

• (2) Section 7 of the Criminal Justice Act 1967 (which is superseded by paragraph 3 above) shall be omitted.

Commencement

7

This Schedule shall have effect in accordance with provision made by the Secretary of State by order.

SCHEDULE 3

Introduction

1

The Criminal Justice Act 1987 shall be amended as provided by this Schedule.

Preparatory hearings

2

In section 7 (power to order preparatory hearing) subsections (3) to (5) (power to make order that could be made at the hearing) shall be omitted.

3

• (1) Section 9 (the preparatory hearing) shall be amended as follows.

• (2) In subsection (7) (warning of possible consequence under section 10(1)) the word “(1)” shall be omitted.

• (3) In subsection (10) for the words “at or for the purposes of a preparatory hearing” there shall be substituted “ under this section ”.

4

The following section shall be inserted after section 9—

(9A) (1) Subsection (2) below applies where— (a) a judge orders a preparatory hearing, and (b) he decides that any order which could be made under section 9(4) or (5) above at the hearing should be made before the hearing. (2) In such a case— (a) he may make any such order before the hearing (or at the hearing), and (b) subsections (4) to (10) of section 9 above shall apply accordingly.

5

The following section shall be substituted for section 10 (later stages of trial)—

(10) (1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under section 9 above. (2) Where— (a) a party departs from the case he disclosed in pursuance of a requirement imposed under section 9 above, or (b) a party fails to comply with such a requirement, the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury may draw such inference as appears proper. (3) In deciding whether to give leave the judge shall have regard— (a) to the extent of the departure or failure, and (b) to whether there is any justification for it. (4) Except as provided by this section no part— (a) of a statement given under section 9(5) above, or (b) of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under section 9 above, may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned.

Reporting restrictions

6

The following sections shall be substituted for section 11 (reporting restrictions)—