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Criminal Justice Bill


Criminal Justice Bill
Part 3 — Conditional cautions

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 24    Failure to comply with conditions

     (1)    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.

     (2)    The document mentioned in section 23(5) is to be admissible in such

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proceedings.

     (3)    Where such proceedings are instituted, the conditional caution is to cease to

have effect.

 25    Code of practice

     (1)    The Secretary of State must prepare a code of practice in relation to conditional

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cautions.

     (2)    The code may, in particular, include provision as to—

           (a)           the circumstances in which conditional cautions may be given,

           (b)           the procedure to be followed in connection with the giving of such

cautions,

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           (c)           the conditions which may be attached to such cautions and the time for

which they may have effect,

           (d)           the category of constable or investigating officer by whom such

cautions may be given,

           (e)           the persons who may be authorised by the Director of Public

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Prosecutions for the purposes of section 22,

           (f)           the form which such cautions are to take and the manner in which they

are to be given and recorded,

           (g)           the places where such cautions may be given, and

           (h)           the monitoring of compliance with conditions attached to such

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cautions.

     (3)    After preparing a draft of the code the Secretary of State—

           (a)           must publish the draft,

           (b)           must consider any representations made to him about the draft, and

           (c)           may amend the draft accordingly,

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            but he may not publish or amend the draft without the consent of the Attorney

General.

     (4)    After the Secretary of State has proceeded under subsection (3) he must lay the

code before each House of Parliament.

     (5)    When he has done so he may bring the code into force by order.

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     (6)    The Secretary of State may from time to time revise a code of practice brought

into force under this section.

     (7)    Subsections (3) to (6) are to apply (with appropriate modifications) to a revised

code as they apply to an original code.

 26    Interpretation of Part 3

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In this Part—

                      “authorised person” has the meaning given by section 22(4),

 

 

Criminal Justice Bill
Part 4 — Charging etc

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                      “conditional caution” has the meaning given by section 22(2),

                      “investigating officer” means a person designated as an investigating

officer under section 38 of the Police Reform Act 2002 (c. 30),

                      “the offender” has the meaning given by section 22(1).

Part 4

5

Charging etc

 27    Charging or release of persons in police detention

Schedule 2 (which makes provision in relation to the charging or release of

persons in police detention) shall have effect.

 28    New method of instituting proceedings

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     (1)    A public prosecutor may institute criminal proceedings against a person by

issuing a document (a “written charge”) which charges the person with an

offence.

     (2)    Where a public prosecutor issues a written charge, it must at the same time

issue a document (a “requisition”) which requires the person to appear before

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a magistrates’ court to answer the written charge.

     (3)    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.

     (4)    In consequence of subsections (1) to (3), a public prosecutor is not to have the

power to lay an information for the purpose of obtaining the issue of a

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summons under section 1 of the Magistrates’ Courts Act 1980 (c. 43).

     (5)    In this section “public prosecutor” means—

           (a)           a police force or a person authorised by a police force to institute

criminal proceedings,

           (b)           the Director of the Serious Fraud Office or a person authorised by him

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to institute criminal proceedings,

           (c)           the Director of Public Prosecutions or a person authorised by him to

institute criminal proceedings,

           (d)           the Attorney General or a person authorised by him to institute

criminal proceedings,

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           (e)           a Secretary of State or a person authorised by a Secretary of State to

institute criminal proceedings,

           (f)           the Commissioners of Inland Revenue or a person authorised by them

to institute criminal proceedings,

           (g)           the Commissioners of Customs and Excise or a person authorised by

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them to institute criminal proceedings, or

           (h)           a person specified in an order made by the Secretary of State for the

purposes of this section or a person authorised by such a person to

institute criminal proceedings.

     (6)    In subsection (5) “police force” has the meaning given by section 3(3) of the

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Prosecution of Offences Act 1985 (c. 23).

 

 

Criminal Justice Bill
Part 4 — Charging etc

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 29    Further provision about new method

     (1)    Rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43) may make—

           (a)           provision as to the form, content, recording, authentication and service

of written charges or requisitions, and

           (b)           such other provision in relation to written charges or requisitions as

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appears to the Lord Chancellor to be necessary or expedient.

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

that subsection includes provision—

           (a)           which applies (with or without modifications), or which disapplies, the

provision of any enactment relating to the service of documents,

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           (b)           for or in connection with the issue of further requisitions.

     (3)    Nothing in subsection (1) or (2) is to be taken as affecting the generality of

section 144(1) of that Act.

     (4)    Nothing in section 28 affects—

           (a)           the power of a public prosecutor to lay an information for the purpose

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of obtaining the issue of a warrant under section 1 of the Magistrates’

Courts Act 1980,

           (b)           the power of a person who is not a public prosecutor to lay an

information for the purpose of obtaining the issue of a summons or

warrant under section 1 of that Act, or

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           (c)           any power to charge a person with an offence whilst he is in custody.

     (5)    Except where the context otherwise requires, in any enactment contained in an

Act passed before this Act—

           (a)           any reference (however expressed) which is or includes a reference to

an information within the meaning of section 1 of the Magistrates'

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Courts Act 1980 (c.43) (or to the laying of such an information) is to be

read as including a reference to a written charge (or to the issue of a

written charge),

           (b)           any reference (however expressed) which is or includes a reference to a

summons under section 1 of the Magistrates’ Courts Act 1980 (or to a

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justice of the peace issuing such a summons) is to be read as including

a reference to a requisition (or to a public prosecutor issuing a

requisition).

     (6)    Subsection (5) does not apply to section 1 of the Magistrates’ Courts Act 1980.

     (7)    The reference in subsection (5) to an enactment contained in an Act passed

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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.

     (8)    In this section “public prosecutor”, “requisition” and “written charge” have the

same meaning as in section 28.

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 30    Removal of requirement to substantiate information on oath

     (1)    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.

 

 

Criminal Justice Bill
Part 5 — Disclosure

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     (2)    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.

     (3)    For subsection (3A)(a) of that section there is substituted—

                  “(a)                     the offence to which the warrant relates is punishable, in the

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case of a person who has attained the age of 18, with

imprisonment, or”.

Part 5

Disclosure

 31    Initial duty of disclosure by prosecutor

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In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part

referred to as “the 1996 Act”), in subsection (1)(a) of section 3 (primary

disclosure by prosecutor)—

           (a)           for “in the prosecutor’s opinion might undermine” there is substituted

“might reasonably be considered capable of undermining”;

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           (b)           after “against the accused” there is inserted “or of assisting the case for

the accused”.

 32    Defence disclosure

     (1)    In section 5 of the 1996 Act (compulsory disclosure by accused), after

subsection (5) there is inserted—

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           “(5A)              Where there are other accused in the proceedings and the court so

orders, the accused must also give a defence statement to each other

accused specified by the court.

           (5B)              The court may make an order under subsection (5A) either of its own

motion or on the application of any party.

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           (5C)              A defence statement that has to be given to the court and the prosecutor

(under subsection (5)) must be given during the period which, by virtue

of section 12, is the relevant period for this section.

           (5D)              A defence statement that has to be given to a co-accused (under

subsection (5A)) must be given within such period as the court may

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specify.”

     (2)    After section 6 of that Act there is inserted—

       “6A            Contents of defence statement

           (1)           For the purposes of this Part a defence statement is a written

statement—

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                  (a)                 setting out the nature of the accused’s defence, including any

particular defences on which he intends to rely,

                  (b)                 indicating the matters of fact on which he takes issue with the

prosecution,

                  (c)                 setting out, in the case of each such matter, why he takes issue

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with the prosecution, and

 

 

Criminal Justice Bill
Part 5 — Disclosure

    21

 

                  (d)                 indicating any point of law (including any point as to the

admissibility of evidence or an abuse of process) which he

wishes to take, and any authority on which he intends to rely for

that purpose.

           (2)           A defence statement that discloses an alibi must give particulars of it,

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including—

                  (a)                 the name, address and date of birth of any witness the accused

believes is able to give evidence in support of the alibi, or as

many of those details as are known to the accused when the

statement is given;

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                  (b)                 any information in the accused’s possession which might be of

material assistance in identifying or finding any such witness in

whose case any of the details mentioned in paragraph (a) are

not known to the accused when the statement is given.

           (3)           For the purposes of this section evidence in support of an alibi is

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evidence tending to show that by reason of the presence of the accused

at a particular place or in a particular area at a particular time he was

not, or was unlikely to have been, at the place where the offence is

alleged to have been committed at the time of its alleged commission.

           (4)           The Secretary of State may by regulations make provision as to the

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details of the matters that, by virtue of subsection (1), are to be included

in defence statements.”

     (3)    After section 6A of that Act (inserted by subsection (2) above) there is

inserted—

       “6B            Updated disclosure by accused

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           (1)           Where the accused has, before the beginning of the relevant period for

this section, given a defence statement under section 5 or 6, he must

during that period give to the court and the prosecutor either—

                  (a)                 a defence statement under this section (an “updated defence

statement”), or

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                  (b)                 a statement of the kind mentioned in subsection (4).                                        

           (2)           The relevant period for this section is determined under section 12.

           (3)           An updated defence statement must comply with the requirements

imposed by or under section 6A by reference to the state of affairs at the

time when the statement is given.

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           (4)           Instead of an updated defence statement, the accused may give a

written statement stating that he has no changes to make to the defence

statement which was given under section 5 or 6.

           (5)           Where there are other accused in the proceedings and the court so

orders, the accused must also give either an updated defence statement

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or a statement of the kind mentioned in subsection (4), within such

period as may be specified by the court, to each other accused so

specified.

           (6)           The court may make an order under subsection (5) either of its own

motion or on the application of any party.”

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