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Criminal Justice Bill


Criminal Justice Bill
Part 5 — Disclosure

    26

 

                  (d)                 gives an updated defence statement or a statement of the kind

mentioned in section 6B(4) but does so after the end of the

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

section 6B,

                  (e)                 sets out inconsistent defences in his defence statement, or

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                  (f)                 at his trial—

                        (i)                        puts forward a defence which was not mentioned in his

defence statement or is different from any defence set

out in that statement,

                        (ii)                       relies on a matter which, in breach of the requirements

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imposed by or under section 6A, was not mentioned in

his defence statement,

                        (iii)                      adduces evidence in support of an alibi without having

given particulars of the alibi in his defence statement, or

                        (iv)                       calls a witness to give evidence in support of an alibi

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without having complied with section 6A(2)(a) or (b) as

regards the witness in his defence statement.

           (3)           The second case is where section 6 applies, the accused gives an initial

defence statement, and the accused—

                  (a)                                     gives the initial defence statement after the end of the period

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

6, or

                  (b)                 does any of the things mentioned in paragraphs (c) to (f) of

subsection (2).

           (4)           The third case is where the accused—

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                  (a)                 gives a witness notice but does so after the end of the period

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

6C, or

                  (b)                 at his trial calls a witness (other than himself) not included, or

not adequately identified, in a witness notice.

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           (5)           Where this section applies—

                  (a)                 the court or any other party may make such comment as

appears appropriate;

                  (b)                 the court or jury may draw such inferences as appear proper in

deciding whether the accused is guilty of the offence concerned.

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           (6)           Where—

                  (a)                 this section applies by virtue of subsection (2)(f)(ii) (including

that provision as it applies by virtue of subsection (3)(b)), and

                  (b)                 the matter which was not mentioned is a point of law (including

any point as to the admissibility of evidence or an abuse of

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process) or an authority,

                         comment by another party under subsection (5)(a) may be made only

with the leave of the court.

           (7)           Where this section applies by virtue of subsection (4), comment by

another party under subsection (5)(a) may be made only with the leave

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of the court.

           (8)           Where the accused puts forward a defence which is different from any

defence set out in his defence statement, in doing anything under

 

 

Criminal Justice Bill
Part 5 — Disclosure

    27

 

subsection (5) or in deciding whether to do anything under it the court

shall have regard—

                  (a)                 to the extent of the differences in the defences, and

                  (b)                 to whether there is any justification for it.

           (9)           Where the accused calls a witness whom he has failed to include, or to

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identify adequately, in a witness notice, in doing anything under

subsection (5) or in deciding whether to do anything under it the court

shall have regard to whether there is any justification for the failure.

           (10)          A person shall not be convicted of an offence solely on an inference

drawn under subsection (5).

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           (11)          Where the accused has given a statement of the kind mentioned in

section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the

question as to whether there has been a breach of the requirements

imposed by or under section 6A or a failure to comply with section

6A(2)(a) or (b) shall be determined—

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                  (a)                 by reference to the state of affairs at the time when that

statement was given, and

                  (b)                 as if the defence statement was given at the same time as that

statement.

           (12)          In this section—

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                  (a)                 “initial defence statement” means a defence statement given

under section 5 or 6;

                  (b)                 “updated defence statement” means a defence statement given

under section 6B;

                  (c)                 a reference simply to an accused’s “defence statement” is a

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reference—

                        (i)                        where he has given only an initial defence statement, to

that statement;

                        (ii)                       where he has given both an initial and an updated

defence statement, to the updated defence statement;

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                        (iii)                      where he has given both an initial defence statement

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

to the initial defence statement;

                  (d)                 a reference to evidence in support of an alibi shall be construed

in accordance with section 6A(3);

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                  (e)                 “witness notice” means a notice given under section 6C.”

 38    Code of practice for police interviews of witnesses notified by accused

In Part 1 of the 1996 Act after section 21 there is inserted—

       “21A                         Code of practice for police interviews of witnesses notified by accused

           (1)           The Secretary of State shall prepare a code of practice which gives

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guidance to police officers in relation to the arranging and conducting

of interviews of persons—

                  (a)                 particulars of whom are given in a defence statement in

accordance with section 6A(2), or

                  (b)                 who are included as proposed witnesses in a notice given under

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section 6C.

 

 

Criminal Justice Bill
Part 5 — Disclosure

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           (2)           The code must include (in particular) guidance in relation to—

                  (a)                 information that should be provided to the interviewee and the

accused in relation to such an interview;

                  (b)                 the notification of the accused’s solicitor of such an interview;

                  (c)                 the attendance of the interviewee’s solicitor at such an

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interview;

                  (d)                 the attendance of the accused’s solicitor at such an interview;

                  (e)                 the attendance of any other appropriate person at such an

interview taking into account the interviewee’s age or any

disability of the interviewee.

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           (3)           Any police officer who arranges or conducts such an interview shall

have regard to the code.

           (4)           In preparing the code, the Secretary of State shall consult—

                  (a)                 to the extent the code applies to England and Wales—

                        (i)                        any person who he considers to represent the interests

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of chief officers of police;

                        (ii)                       the General Council of the Bar;

                        (iii)                      the Law Society of England and Wales;

                        (iv)                       the Institute of Legal Executives;

                  (b)                 to the extent the code applies to Northern Ireland—

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                        (i)                        the Chief Constable of the Police Service of Northern

Ireland;

                        (ii)                       the General Council of the Bar of Northern Ireland;

                        (iii)                      the Law Society of Northern Ireland;

                  (c)                 such other persons as he thinks fit.

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           (5)           The code shall not come into operation until the Secretary of State by

order so provides.

           (6)           The Secretary of State may from time to time revise the code and

subsections (4) and (5) shall apply to a revised code as they apply to the

code as first prepared.

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           (7)           An order bringing the code into operation may not be made unless a

draft of the order has been laid before each House of Parliament and

approved by a resolution of each House.

           (8)           An order bringing a revised code into operation shall be laid before

each House of Parliament if the order has been made without a draft

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having been so laid and approved by a resolution of each House.

           (9)           When an order or a draft of an order is laid in accordance with

subsection (7) or (8), the code to which it relates shall also be laid.

           (10)          No order or draft of an order may be laid until the consultation

required by subsection (4) has taken place.

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           (11)          A failure by a police officer to have regard to any provision of a code

for the time being in operation by virtue of an order under this section

shall not in itself render him liable to any criminal or civil proceedings.

           (12)          In all criminal and civil proceedings a code in operation at any time by

virtue of an order under this section shall be admissible in evidence.

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Criminal Justice Bill
Part 7 — Live links

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           (13)          If it appears to a court or tribunal conducting criminal or civil

proceedings that—

                  (a)                 any provision of a code in operation at any time by virtue of an

order under this section, or

                  (b)                 any failure mentioned in subsection (11),

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                         is relevant to any question arising in the proceedings, the provision or

failure shall be taken into account in deciding the question.”

Part 6

Allocation and sending of offences

 39    Allocation of offences triable either way, and sending cases to Crown Court

10

Schedule 3 (which makes provision in relation to the allocation and other

treatment of offences triable either way, and the sending of cases to the Crown

Court) shall have effect.

 40    Mode of trial for certain firearms offences: transitory arrangements

     (1)    The Magistrates’ Courts Act 1980 is amended as follows.

15

     (2)    In section 24 (summary trial of information against child or young person for

indictable offence)—

           (a)           in subsection (1), for “homicide” there is substituted “one falling within

subsection (1B) below”,

           (b)           in subsection (1A)(a), for “of homicide” there is substituted “falling

20

within subsection (1B) below”,

           (c)           after subsection (1A), there is inserted—

                  “(1B)                    An offence falls within this subsection if—

                        (a)                        it is an offence of homicide; or

                        (b)                        each of the requirements of section 51A(1) of the

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Firearms Act 1968 would be satisfied with respect to—

                               (i)                              the offence; and

                               (ii)                             the person charged with it,

                                                   if he were convicted of the offence.”

     (3)    In section 25 (power to change from summary trial to committal proceedings

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and vice versa), in subsection (5), for “homicide” there is substituted “one

falling within section 24(1B) above”.

Part 7

Live links

 41    Live links in criminal proceedings

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     (1)    A witness (other than the defendant) may, if the court so directs, give evidence

through a live link in the following criminal proceedings.

     (2)    They are—

           (a)           a summary trial,

           (b)           an appeal to the Crown Court arising out of such a trial,

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Criminal Justice Bill
Part 7 — Live links

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           (c)           a trial on indictment,

           (d)           an appeal to the criminal division of the Court of Appeal,

           (e)           the hearing of a reference under section 9 or 11 of the Criminal Appeal

Act 1995 (c. 35),

           (f)           a hearing before a magistrates’ court or the Crown Court which is held

5

after the defendant has entered a plea of guilty, and

           (g)           a hearing before the Court of Appeal under section 65 of this Act.

     (3)    A direction may be given under this section—

           (a)           on an application by a party to the proceedings, or

           (b)           of the court’s own motion.

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     (4)    But a direction may not be given under this section unless—

           (a)           the court is satisfied that it is in the interests of the efficient or effective

administration of justice for the person concerned to give evidence in

the proceedings through a live link,

           (b)           it has been notified by the Secretary of State that suitable facilities for

15

receiving evidence through a live link are available in the area in which

it appears to the court that the proceedings will take place, and

           (c)           that notification has not been withdrawn.

     (5)    The withdrawal of such a notification is not to affect a direction given under

this section before that withdrawal.

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     (6)    In deciding whether to give a direction under this section the court must

consider all the circumstances of the case.

     (7)    Those circumstances include in particular—

           (a)           the availability of the witness,

           (b)           the need for the witness to attend in person,

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           (c)           the importance of the witness’s evidence to the proceedings,

           (d)           the views of the witness,

           (e)           the suitability of the facilities at the place where the witness would give

evidence through a live link,

           (f)           whether a direction might tend to inhibit any party to the proceedings

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from effectively testing the witness’s evidence.

     (8)    The court must state in open court its reasons for refusing an application for a

direction under this section and, if it is a magistrates’ court, must cause them

to be entered in the register of its proceedings.

 42    Effect of, and rescission of, direction

35

     (1)    Subsection (2) applies where the court gives a direction under section 41 for a

person to give evidence through a live link in particular proceedings.

     (2)    The person concerned may not give evidence in those proceedings after the

direction is given otherwise than through a live link (but this is subject to the

following provisions of this section).

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     (3)    The court may rescind a direction under section 41 if it appears to the court to

be in the interests of justice to do so.

 

 

Criminal Justice Bill
Part 7 — Live links

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     (4)    Where it does so, the person concerned shall cease to be able to give evidence

in the proceedings through a live link, but this does not prevent the court from

giving a further direction under section 41 in relation to him.

     (5)    A direction under section 41 may be rescinded under subsection (3)—

           (a)           on an application by a party to the proceedings, or

5

           (b)           of the court’s own motion.

     (6)    But an application may not be made under subsection (5)(a) unless there has

been a material change of circumstances since the direction was given.

     (7)    The court must state in open court its reasons—

           (a)           for rescinding a direction under section 41, or

10

           (b)           for refusing an application to rescind such a direction,

            and, if it is a magistrates’ court, must cause them to be entered in the register

of its proceedings.

 43    Magistrates’ courts permitted to sit at other locations

     (1)    This section applies where—

15

           (a)           a magistrates’ court is minded to give a direction under section 41 for

evidence to be given through a live link in proceedings before the court,

and

           (b)           suitable facilities for receiving such evidence are not available at any

petty-sessional court-house in which the court can (apart from

20

subsection (2)) lawfully sit.

     (2)    The court may sit for the purposes of the whole or any part of the proceedings

at any place at which such facilities are available and which has been appointed

for the purposes of this section by the justices acting for the petty sessions area

for which the court acts.

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     (3)    A place appointed under subsection (2) may be outside the petty sessions area

for which it is appointed; but (if so) it shall be deemed to be in that area for the

purpose of the jurisdiction of the justices acting for that area.

 44    Warning to jury

     (1)    This section applies where, as a result of a direction under section 41, evidence

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has been given through a live link in proceedings before the Crown Court.

     (2)    The judge may give the jury (if there is one) such direction as he thinks

necessary to ensure that the jury gives the same weight to the evidence as if it

had been given by the witness in the courtroom or other place where the

proceedings are held.

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 45    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)    Rules of court may in particular make provision—

           (a)           as to the procedure to be followed in connection with applications

40

under section 41 or 42, and

 

 

Criminal Justice Bill
Part 7 — Live links

    32

 

           (b)           as to the arrangements or safeguards to be put in place in connection

with the operation of live links.

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

provision—

           (a)           for uncontested applications to be determined by the court without a

5

hearing,

           (b)           for preventing the renewal of an unsuccessful application under section

41 unless there has been a material change of circumstances,

           (c)           for the manner in which confidential or sensitive information is to be

treated in connection with an application under section 41 or 42 and in

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particular as to its being disclosed to, or withheld from, a party to the

proceedings.

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

enactment conferring power to make rules of court.

 46    Interpretation of Part 7

15

     (1)    In this Part—

                    “legal representative” means an authorised advocate or authorised

litigator (as defined by section 119(1) of the Courts and Legal Services

Act 1990 (c. 41)),

                    “petty-sessional court-house” has the same meaning as in the Magistrates’

20

Courts Act 1980 (c. 43),

                    “petty sessions area” has the same meaning as in the Justices of the Peace

Act 1997 (c. 25),

                    “rules of court” means Magistrates’ Courts Rules, Crown Court Rules or

Criminal Appeal Rules,

25

                    “witness”, in relation to any criminal proceedings, means a person called,

or proposed to be called, to give evidence in the proceedings.

     (2)    In this Part “live link” means a live television link or other arrangement by

which a witness, while at a place in the United Kingdom which is outside the

building where the proceedings are being held, is able to see and hear a person

30

at the place where the proceedings are being held and to be seen and heard by

the following persons.

     (3)    They are—

           (a)           the defendant or defendants,

           (b)           the judge or justices (or both) and the jury (if there is one),

35

           (c)           legal representatives acting in the proceedings, and

           (d)           any interpreter or other person appointed by the court  to assist the

witness.

     (4)    The extent (if any) to which a person is unable to see or hear by reason of any

impairment of eyesight or hearing is to be disregarded for the purposes of

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subsection (2).

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

           (a)           to make an order, give directions or give leave of any description in

relation to any witness (including the defendant or defendants), or

           (b)           to exclude evidence at its discretion (whether by preventing questions

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being put or otherwise).

 

 

 
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