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Criminal Justice Bill


Criminal Justice Bill
Part 4 — Charging etc

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 27    New method of instituting proceedings

     (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

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

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

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

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

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

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

criminal proceedings,

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

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

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criminal proceedings,

           (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,

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

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.

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

Prosecution of Offences Act 1985 (c. 23).

 28    Further provision about new method

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

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

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of written charges or requisitions, and

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

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—

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

provision of any enactment relating to the service of documents,

           (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.

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Criminal Justice Bill
Part 5 — Disclosure

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     (4)    Nothing in section 27 affects—

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

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

Courts Act 1980,

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

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

warrant under section 1 of that Act, or

           (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—

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

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

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

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

written charge),

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

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

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

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

a requisition).

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     (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

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.

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

same meaning as in section 27.

 29    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

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oath” are omitted.

     (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—

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

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

imprisonment, or”.

Part 5

Disclosure

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 30    Initial duty of disclosure by prosecutor

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)—

 

 

Criminal Justice Bill
Part 5 — Disclosure

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

“might reasonably be considered capable of undermining”;

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

the accused”.

 31    Defence disclosure

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

subsection (5) there is inserted—

           “(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.

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

motion or on the application of any party.

           (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.

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           (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

specify.”

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

       “6A            Contents of defence statement

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

statement—

                  (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

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prosecution,

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

with the prosecution, and

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

admissibility of evidence or an abuse of process) which he

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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,

including—

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

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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;

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

material assistance in identifying or finding any such witness in

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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

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

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Criminal Justice Bill
Part 5 — Disclosure

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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

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

in defence statements.”

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

inserted—

       “6B            Updated disclosure by accused

           (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

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

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

statement”), or

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

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

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           (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.

           (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

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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

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

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specified.

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

motion or on the application of any party.”

 32    Notification of intention to call defence witnesses

After section 6B of the 1996 Act (inserted by section 31 above) there is

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inserted—

       “6C            Notification of intention to call defence witnesses

           (1)           The accused must give to the court and the prosecutor a notice

indicating whether he intends to call any persons (other than himself)

as witnesses at his trial and, if so—

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                  (a)                 giving the name, address and date of birth of each such

proposed witness, or as many of those details as are known to

the accused when the notice is given;

                  (b)                 providing any information in the accused’s possession which

might be of material assistance in identifying or finding any

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such proposed witness in whose case any of the details

mentioned in paragraph (a) are not known to the accused when

the notice is given.

 

 

Criminal Justice Bill
Part 5 — Disclosure

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           (2)           Details do not have to be given under this section to the extent that they

have already been given under section 6A(2).

           (3)           The accused must give a notice under this section during the period

which, by virtue of section 12, is the relevant period for this section.

           (4)           If, following the giving of a notice under this section, the accused—

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                  (a)                 decides to call a person (other than himself) who is not included

in the notice as a proposed witness, or decides not to call a

person who is so included, or

                  (b)                 discovers any information which, under subsection (1), he

would have had to include in the notice if he had been aware of

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it when giving the notice,

                         he must give an appropriately amended notice to the court and the

prosecutor.”

 33    Notification of names of experts instructed by defendant

After section 6C of the 1996 Act (inserted by section 32 above) there is

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inserted—

       “6D            Notification of names of experts instructed by accused

           (1)           If the accused instructs a person with a view to his providing any expert

opinion for possible use as evidence at the trial of the accused, he must

give to the court and the prosecutor a notice specifying the person’s

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name and address.

           (2)           A notice does not have to be given under this section specifying the

name and address of a person whose name and address have already

been given under section 6C.

           (3)           A notice under this section must be given during the period which, by

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

 34    Further provisions about defence disclosure

After section 6D of the 1996 Act (inserted by section 33 above) there is

inserted—

       “6E            Disclosure by accused: further provisions

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           (1)           Where an accused’s solicitor purports to give on behalf of the

accused—

                  (a)                 a defence statement under section 5, 6 or 6B, or

                  (b)                 a statement of the kind mentioned in section 6B(4),

                         the statement shall, unless the contrary is proved, be deemed to be

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given with the authority of the accused.

           (2)           If it appears to the judge at a pre-trial hearing that an accused has failed

to comply fully with section 5, 6B or 6C, so that there is a possibility of

comment being made or inferences drawn under section 11(5), he shall

warn the accused accordingly.

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           (3)           In subsection (2) “pre-trial hearing” has the same meaning as in Part 4

(see section 39).

 

 

Criminal Justice Bill
Part 5 — Disclosure

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           (4)           The judge in a trial before a judge and jury—

                  (a)                 may direct that the jury be given a copy of any defence

statement, and

                  (b)                 if he does so, may direct that it be edited so as not to include

references to matters evidence of which would be inadmissible.

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           (5)           A direction under subsection (4)—

                  (a)                 may be made either of the judge’s own motion or on the

application of any party;

                  (b)                 may be made only if the judge is of the opinion that seeing a

copy of the defence statement would help the jury to

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understand the case or to resolve any issue in the case.

           (6)           The reference in subsection (4) to a defence statement is a reference—

                  (a)                 where the accused has given only an initial defence statement

(that is, a defence statement given under section 5 or 6), to that

statement;

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                  (b)                 where he has given both an initial defence statement and an

updated defence statement (that is, a defence statement given

under section 6B), to the updated defence statement;

                  (c)                 where he has given both an initial defence statement and a

statement of the kind mentioned in section 6B(4), to the initial

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defence statement.”

 35    Continuing duty of disclosure by prosecutor

Before section 8 of the 1996 Act there is inserted—

       “7A            Continuing duty of prosecutor to disclose

           (1)                         This section applies at all times—

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                  (a)                 after the prosecutor has complied with section 3 or purported to

comply with it, and

                  (b)                 before the accused is acquitted or convicted or the prosecutor

decides not to proceed with the case concerned.

           (2)                         The prosecutor must keep under review the question whether at any

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given time (and, in particular, following the giving of a defence

statement) there is prosecution material which—

                  (a)                 might reasonably be considered capable of undermining the

case for the prosecution against the accused or of assisting the

case for the accused, and

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                  (b)                 has not been disclosed to the accused.

           (3)                         If at any time there is any such material as is mentioned in subsection

(2) the prosecutor must disclose it to the accused as soon as is

reasonably practicable (or within the period mentioned in subsection

(5)(a), where that applies).

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           (4)           In applying subsection (2) by reference to any given time the state of

affairs at that time (including the case for the prosecution as it stands at

that time) must be taken into account.

           (5)                         Where the accused gives a defence statement under section 5, 6 or 6B—

                  (a)                 if as a result of that statement the prosecutor is required by this

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section to make any disclosure, or further disclosure, he must

 

 

Criminal Justice Bill
Part 5 — Disclosure

    25

 

do so during the period which, by virtue of section 12, is the

relevant period for this section;

                  (b)                 if the prosecutor considers that he is not so required, he must

during that period give to the accused a written statement to

that effect.

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           (6)           For the purposes of this section prosecution material is material—

                  (a)                 which is in the prosecutor’s possession and came into his

possession in connection with the case for the prosecution

against the accused, or

                  (b)                 which, in pursuance of a code operative under Part 2, he has

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inspected in connection with the case for the prosecution

against the accused.

           (7)           Subsections (3) to (5) of section 3 (method by which prosecutor

discloses) apply for the purposes of this section as they apply for the

purposes of that.

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           (8)           Material must not be disclosed under this section to the extent that the

court, on an application by the prosecutor, concludes it is not in the

public interest to disclose it and orders accordingly.

           (9)           Material must not be disclosed under this section to the extent that it is

material the disclosure of which is prohibited by section 17 of the

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Regulation of Investigatory Powers Act 2000 (c. 23).”

 36    Application by defence for disclosure

In section 8 of the 1996 Act (application by accused for disclosure), for

subsections (1) and (2) there is substituted—

           “(1)              This section applies where the accused has given a defence statement

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under section 5, 6 or 6B and the prosecutor has complied with section

7A(5) or has purported to comply with it or has failed to comply with it.

           (2)              If the accused has at any time reasonable cause to believe that there is

prosecution material which is required by section 7A to be disclosed to

him and has not been, he may apply to the court for an order requiring

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the prosecutor to disclose it to him.”

 37    Faults in defence disclosure

For section 11 of the 1996 Act there is substituted—

       “11            Faults in disclosure by accused

           (1)           This section applies in the three cases set out in subsections (2), (3) and

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(4).

           (2)           The first case is where section 5 applies and the accused—

                  (a)                 fails to give an initial defence statement,

                  (b)                                     gives an initial defence statement but does so after the end of the

period which, by virtue of section 12, is the relevant period for

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section 5,

                  (c)                 is required by section 6B to give either an updated defence

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

of that section but fails to do so,

 

 

 
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