House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Part 10 — Retrial for serious offences

    55

 

 81    Bail and custody before application

     (1)    In relation to a person charged in accordance with section 80(4)—

           (a)           section 38 of the 1984 Act (including any provision of that section as

applied by section 40(10) of that Act) has effect as if, in subsection (1),

for “either on bail or without bail” there were substituted “on bail”,

5

           (b)           section 47(3) of that Act does not apply and references in section 38 of

that Act to bail are references to bail subject to a duty to appear before

the Crown Court at such place as the custody officer may appoint and

at such time, not later than 24 hours after the person is released, as that

officer may appoint, and

10

           (c)           section 43B of the Magistrates’ Courts Act 1980 (c. 43) does not apply.

     (2)    Where such a person is, after being charged—

           (a)           kept in police detention, or

           (b)           detained by a local authority in pursuance of arrangements made

under section 38(6) of the 1984 Act,

15

            he must be brought before the Crown Court as soon as practicable and, in any

event, not more than 24 hours after he is charged, and section 46 of the 1984 Act

does not apply.

     (3)    For the purpose of calculating the period referred to in subsection (1) or (2), the

following are to be disregarded—

20

           (a)           Sunday,

           (b)           Christmas Day,

           (c)           Good Friday, and

           (d)           any day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

25

person is to appear before the Crown Court as mentioned in subsection

(1) or, where subsection (2) applies, is for the time being detained.

     (4)    Where a person appears or is brought before the Crown Court in accordance

with subsection (1) or (2), the Crown Court may either—

           (a)           grant bail for the person to appear, if notice of an application is served

30

on him under section 74(2), before the Court of Appeal at the hearing of

that application, or

           (b)           remand the person in custody to be brought before the Crown Court

under section 82(2).

     (5)    If the Crown Court grants bail under subsection (4), it may revoke bail and

35

remand the person in custody as referred to in subsection (4)(b).

     (6)    In subsection (7) the “relevant period”, in relation to a person granted bail or

remanded in custody under subsection (4), means—

           (a)           the period of 42 days beginning with the day on which he is granted

bail or remanded in custody under that subsection, or

40

           (b)           that period as extended or further extended under subsection (8).

     (7)    If at the end of the relevant period no notice of an application under section

70(1) or (2) in relation to the person has been given under section 74(1), the

person—

           (a)           if on bail subject to a duty to appear as mentioned in subsection (4)(a),

45

ceases to be subject to that duty and to any conditions of that bail, and

           (b)           if in custody on remand under subsection (4)(b) or (5), must be released

immediately without bail.

 

 

Criminal Justice Bill
Part 10 — Retrial for serious offences

    56

 

     (8)    The Crown Court may, on the application of a prosecutor, extend or further

extend the period mentioned in subsection (6)(a) until a specified date, but only

if satisfied that—

           (a)           the need for the extension is due to some good and sufficient cause, and

           (b)           the prosecutor has acted with all due diligence and expedition.

5

 82    Bail and custody before hearing

     (1)    This section applies where notice of an application is given under section 74(1).

     (2)    If the person to whom the application relates is in custody under section

81(4)(b) or (5), he must be brought before the Crown Court as soon as

practicable and, in any event, within 48 hours after the notice is given.

10

     (3)    If that person is not in custody under section 81(4)(b) or (5), the Crown Court

may, on application by the prosecutor—

           (a)           issue a summons requiring the person to appear before the Court of

Appeal at the hearing of the application, or

           (b)           issue a warrant for the person’s arrest,

15

            and a warrant under paragraph (b) may be issued at any time even though a

summons has previously been issued.

     (4)    Where a summons is issued under subsection (3)(a), the time and place at

which the person must appear may be specified either—

           (a)           in the summons, or

20

           (b)           in a subsequent direction of the Crown Court.

     (5)    The time or place specified may be varied from time to time by a direction of

the Crown Court.

     (6)    A person arrested under a warrant under subsection (3)(b) must be brought

before the Crown Court as soon as practicable and in any event within 48 hours

25

after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not

apply.

     (7)    If a person is brought before the Crown Court under subsection (2) or (6) the

court must either—

           (a)           remand him in custody to be brought before the Court of Appeal at the

30

hearing of the application, or

           (b)           grant bail for him to appear before the Court of Appeal at the hearing.

     (8)    If bail is granted under subsection (7)(b), the Crown Court may revoke the bail

and remand the person in custody as referred to in subsection (7)(a).

     (9)    For the purpose of calculating the period referred to in subsection (2) or (6), the

35

following are to be disregarded—

           (a)           Sunday,

           (b)           Christmas Day,

           (c)           Good Friday, and

           (d)           any day which is a bank holiday under the Banking and Financial

40

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

person is for the time being detained.

 

 

Criminal Justice Bill
Part 10 — Retrial for serious offences

    57

 

 83    Bail and custody during and after hearing

     (1)    The Court of Appeal may, at any adjournment of the hearing of an application

under section 70(1) or (2)—

           (a)           remand the person to whom the application relates on bail, or

           (b)           remand him in custody.

5

     (2)    At a hearing at which the Court of Appeal—

           (a)           makes an order under section 71,

           (b)           makes a declaration under subsection (4) of that section, or

           (c)           dismisses the application or makes a declaration under subsection (3)

of that section, if it also gives the prosecutor leave to appeal against its

10

decision or the prosecutor gives notice that he intends to apply for such

leave,

            the court may make such order as it sees fit for the custody or bail of the

acquitted person pending trial pursuant to the order or declaration, or pending

determination of the appeal.

15

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

           (a)           until any application for leave to appeal is disposed of, or the time

within which it must be made expires;

           (b)           if leave to appeal is granted, until the appeal is disposed of.

     (4)    Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under

20

this section as if in subsection (2) the reference to the Crown Court included a

reference to the Court of Appeal.

     (5)    The court may at any time, as it sees fit—

           (a)           revoke bail granted under this section and remand the person in

custody, or

25

           (b)           vary an order under subsection (2).

 84    Revocation of bail

     (1)    Where—

           (a)           a court revokes a person’s bail under this Part, and

           (b)           that person is not before the court when his bail is revoked,

30

            the court must order him to surrender himself forthwith to the custody of the

court.

     (2)    Where a person surrenders himself into the custody of the court in compliance

with an order under subsection (1), the court must remand him in custody.

     (3)    A person who has been ordered to surrender to custody under subsection (1)

35

may be arrested without a warrant by an officer if he fails without reasonable

cause to surrender to custody in accordance with the order.

     (4)    A person arrested under subsection (3) must be brought as soon as practicable,

and, in any event, not more than 24 hours after he is arrested, before the court

and the court must remand him in custody.

40

     (5)    For the purpose of calculating the period referred to in subsection (4), the

following are to be disregarded—

           (a)           Sunday,

           (b)           Christmas Day,

 

 

Criminal Justice Bill
Part 10 — Retrial for serious offences

    58

 

           (c)           Good Friday,

           (d)           any day which is a bank holiday under the Banking and Financial

Dealings Act 1971 (c. 80) in the part of the United Kingdom where the

person is for the time being detained.

Part 10: supplementary

5

 85    Functions of the DPP

     (1)    Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions

exercisable by Crown Prosecutor) does not apply to the provisions of this Part

other than section 78(2)(a).

     (2)    In the absence of the Director of Public Prosecutions, his functions under those

10

provisions may be exercised by a person authorised by him.

     (3)    An authorisation under subsection (2)—

           (a)           may relate to a specified person or to persons of a specified description,

and

           (b)           may be general or relate to a specified function or specified

15

circumstances.

 86    Rules of Court

     (1)    Rules of court may make such provision as appears to the authority making

them to be necessary or expedient for the purposes of this Part.

     (2)    Without limiting subsection (1), the Criminal Appeal Rules and the Crown

20

Court Rules may in particular make provision as to procedures to be applied

in connection with sections 70 to 75, 77 and 81 to 83.

     (3)    Nothing in this section is to be taken as affecting the generality of any

enactment conferring power to make rules of court.

 87    Armed Forces: Part 10

25

     (1)    Section 31 of the Armed Forces Act 2001 (c. 19) (provision in consequence of

enactments relating to criminal justice) applies to an enactment contained in

this Part so far as relating to matters not specified in subsection (2) of that

section as it applies to a criminal justice enactment.

     (2)    The power under that section to make provision equivalent to that made in

30

relation to qualifying offences by an enactment contained in this Part (with or

without modifications) includes power to make such provision in relation to

such service offences as the Secretary of State thinks fit.

     (3)    In subsection (2) “service offence” means an offence under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

35

Discipline Act 1957 (c. 53).

 88    Interpretation of Part 10

     (1)    In this Part—

                      “the 1979 Act” means the Customs and Excise Management Act 1979

(c. 2),

40

 

 

Criminal Justice Bill
Part 10 — Retrial for serious offences

    59

 

                      “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),

                      “acquittal” and related expressions are to be read in accordance with

section 69(7),

                      “customs and excise officer” means an officer as defined by section 1(1) of

the 1979 Act, or a person to whom section 8(2) of that Act applies,

5

                      “new evidence” is to be read in accordance with section 72(2),

                      “officer” means an officer of a police force or a customs and excise officer,

                      “police force” has the meaning given by section 3(3) of the Prosecution of

Offences Act 1985 (c. 23),

                      “prosecutor” means an individual or body charged with duties to conduct

10

criminal prosecutions,

                      “qualifying offence” has the meaning given by section 69(8).

     (2)    Subject to rules of court made under section 53(1) of the Supreme Court Act

1981 (c. 54) (power by rules to distribute business of Court of Appeal between

its civil and criminal divisions)—

15

           (a)           the jurisdiction of the Court of Appeal under this Part is to be exercised

by the criminal division of that court, and

           (b)           references in this Part to the Court of Appeal are to be construed as

references to that division.

     (3)           References in this Part to an officer of a specified rank or above are, in the case

20

of a customs and excise officer, references to an officer of such description as—

           (a)           appears to the Commissioners of Customs and Excise to comprise

officers of equivalent rank or above, and

           (b)           is specified by the Commissioners for the purposes of the provision

concerned.

25

 89    Application of Part 10 to Northern Ireland

     (1)    In its application to Northern Ireland this Part is to have effect subject to the

modifications in this section.

     (2)    In sections 69(1)(a) and (b), 70(2)(a), 73(3) and 78(2)(a) for “England and Wales”

substitute “Northern Ireland”.

30

     (3)    For section 69(2)(c) substitute—

                  “(c)                    in respect of which, in proceedings where he has been found to

be unfit to be tried in accordance with Article 49 of the Mental

Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a

finding has been made that he did the act or made the omission

35

charged against him.”

     (4)    In section 69(8) for “Part 1” substitute “Part 2”.

     (5)    In section 75(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “Criminal

Appeal (Northern Ireland) Act 1980 (c. 47)”.

     (6)    In section 75(2)—

40

           (a)           for “33” substitute “31”, and

           (b)           for “An” substitute “Subject to the provisions of this Part of this Act,

an”.

     (7)    In section 75(4)—

           (a)           for “34(2)” substitute “32(2)”, and

45

 

 

Criminal Justice Bill
Part 11 — Evidence
Chapter 1 — Evidence of bad character

    60

 

           (b)           for “33(1B)” substitute “31(1B)”.

     (8)    In section 77(1) for “preferred” substitute “presented”.

     (9)    After section 77(6) insert—

           “(6A)              Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland)

Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is

5

to be tried in accordance with subsection (1) as if—

                  (a)                 he had been committed for trial for the offence in question, and

                  (b)                 the reference in paragraph (2)(a) of that Article to a magistrates’

court included a reference to the Court of Appeal.”

     (10)   In section 85(1) for the words from the beginning to “does” substitute “Sections

10

30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do”.

     (11)   Until the coming into force of section 36 of that Act of 2002 the reference to that

section in subsection (10) is to be read as a reference to Article 4(8) of the

Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).

     (12)   In section 86(2) for “the Criminal Appeal Rules and the Crown Court Rules”

15

substitute “rules under section 55 of the Judicature (Northern Ireland) Act 1978

(c. 23) and Crown Court Rules”.

     (13)   In section 88(1) for the definition of “police force” substitute—

                                  ““police force” means—

                        (a)                        the Police Service of Northern Ireland or the Police

20

Service of Northern Ireland Reserve,

                        (b)                        the Ministry of Defence Police,

                        (c)                        any body of constables appointed under Article 19 of the

Airports (Northern Ireland) Order 1994 (S.I. 1994/426

(N.I. 1)), or

25

                        (d)                        any body of special constables appointed in Northern

Ireland under section 79 of the Harbours, Docks and

Piers Clauses Act 1847 (c. 27) or section 57 of the Civil

Aviation Act 1982 (c. 16),”.

     (14)   Omit section 88(2).

30

Part 11

Evidence

Chapter 1

Evidence of bad character

Introductory

35

 90    “Bad character”

     (1)    For the purposes of this Chapter, evidence of a person’s bad character is

evidence which shows or tends to show that—

           (a)           he has committed an offence, or

           (b)           he has behaved, or is disposed to behave, in a way that, in the opinion

40

of the court, might be viewed with disapproval by a reasonable person.

 

 

Criminal Justice Bill
Part 11 — Evidence
Chapter 1 — Evidence of bad character

    61

 

     (2)    But references in the Chapter to evidence of a person’s bad character do not

apply to evidence which—

           (a)           has to do with the alleged facts of the offence with which the defendant

is charged, or

           (b)           is evidence of misconduct in connection with the investigation or

5

prosecution of that offence.

 91    Abolition of common law rules

     (1)    The common law rules governing the admissibility of evidence of bad

character in criminal proceedings are abolished.

     (2)    Subsection (1) is subject to section 111(1) in so far as it preserves the rule under

10

which in criminal proceedings a person’s reputation is admissible for the

purposes of proving his bad character.

Persons other than defendants

 92    Non-defendant’s bad character

     (1)    In criminal proceedings evidence of the bad character of a person other than

15

the defendant is admissible if and only if—

           (a)           it is important explanatory evidence,

           (b)           it has substantial probative value in relation to a matter which—

                  (i)                 is a matter in issue in the proceedings, and

                  (ii)                is of substantial importance in the context of the case as a whole,

20

                         or

           (c)           all parties to the proceedings agree to the evidence being admissible.

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

evidence if—

           (a)           without it, the court or jury would find it impossible or difficult

25

properly to understand other evidence in the case, and

           (b)           its value for understanding the case as a whole is substantial.

     (3)    In assessing the probative value of evidence for the purposes of subsection

(1)(b) the court must have regard to the following factors (and to any others it

considers relevant)—

30

           (a)           the nature and number of the events, or other things, to which the

evidence relates;

           (b)           when those events or things are alleged to have happened or existed;

           (c)           where—

                  (i)                 the evidence is evidence of a person’s misconduct, and

35

                  (ii)                it is suggested that the evidence has probative value by reason

of similarity between that misconduct and other alleged

misconduct,

                         the nature and extent of the similarities and the dissimilarities between

each of the alleged instances of misconduct;

40

           (d)           where—

                  (i)                 the evidence is evidence of a person’s misconduct,

                  (ii)                it is suggested that that person is also responsible for the

misconduct charged, and

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 23 May 2003