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Criminal Justice Bill


Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 3 — Disclosure

407

 

4B      

Service of written charge or requisition otherwise than by post

(1)   

A written charge or requisition to which section 4A applies may,

instead of being served by post, be served on a person outside the

United Kingdom in accordance with arrangements made by the

Secretary of State.

5

(2)   

But where the person is in a participating country, the written charge

or requisition may be served in accordance with those arrangements

only if one of the following conditions is met.

(3)   

The conditions are—

(a)   

that the correct address of the person is unknown,

10

(b)   

that it has not been possible to serve the written charge or

requisition by post,

(c)   

that there are good reasons for thinking that service by post

will not be effective or is inappropriate.”

Part 3

15

Disclosure

Prosecution of Offences Act 1985 (c. 23)

17         

In section 22B of the Prosecution of Offences Act 1985 (re-institution of

proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for

“section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A”.

20

Criminal Justice Act 1987 (c. 38)

18         

In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious

fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

19         

In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order

25

1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i)

and (iii) of paragraph (5) are omitted.

Criminal Procedure and Investigations Act 1996 (c. 25)

20         

The Criminal Procedure and Investigations Act 1996 is amended as follows.

21         

In section 3 (primary disclosure by prosecutor), for the heading there is

30

substituted “Initial duty of prosecutor to disclose”.

22         

In section 4 (primary disclosure: further provisions), in the heading for

Primary disclosure” there is substituted “Initial duty to disclose”.

23         

In section 5 (compulsory disclosure by accused), subsections (6) to (9) are

omitted.

35

24         

In section 6 (voluntary disclosure by accused), subsection (3) is omitted.

25         

Section 7 (secondary disclosure by prosecutor) shall cease to have effect.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 3 — Disclosure

408

 

26         

Section 9 (continuing duty of prosecutor to disclose) shall cease to have

effect.

27         

In section 10 (prosecutor’s failure to observe time limits), in subsection (1),

for paragraph (b) there is substituted—

“(b)   

purports to act under section 7A(5) after the end of the period

5

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

section 7A.”

28         

In section 12 (time limits)—

(a)   

in subsection (1), for “and 7” there is substituted “, 6B, 6C and 7A(5)”;

(b)   

in subsection (5), for “7” there is substituted “7A(5)”.

10

29         

In section 13 (time limits: transitional), for subsection (2) there is

substituted—

“(2)   

As regards a case in relation to which no regulations under section

12 have come into force for the purposes of section 7A, section 7A(5)

shall have effect as if—

15

(a)   

in paragraph (a) for the words from “during the period” to

the end, and

(b)   

in paragraph (b) for “during that period”,

   

there were substituted “as soon as is reasonably practicable after the

accused gives the statement in question”.

20

30         

In section 14 (public interest: review for summary trials), in subsection (2)(a),

for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

31         

In section 15 (public interest: review in other cases), in subsection (2)(a), for

“7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

32         

In section 16 (applications: opportunity to be heard), in paragraph (a) and in

25

the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8),

8(5)”.

33         

In section 17 (confidentiality of disclosed information), in subsection (1)(a),

for “7, 9” there is substituted “7A”.

34         

In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5),

30

9(8)” there is substituted “5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5)”.

35         

In section 20 (other statutory rules as to disclosure)—

(a)   

subsection (2) is omitted, and

(b)   

in subsection (5)(a), for “sections 3 to 9” there is substituted “sections

3 to 8”.

35

36         

In section 31 (preparatory hearings in complex cases etc.), paragraphs (a)

and (c) of subsection (6) are omitted.

37    (1)  

Section 77 (orders and regulations) is amended as follows.

      (2)  

In subsection (5)—

(a)   

after “No” there is inserted “regulations or”, and

40

(b)   

after “section” there is inserted “6A or”.

      (3)  

In subsection (6)(b) after “regulations” there is inserted “(other than

regulations under section 6A)”.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

409

 

38         

In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6),

7(5), 8(5) or 9(8)” there is substituted “3(6), 7A(8) or 8(5)”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

39         

In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which,

when in force, will add a subsection (6) to section 1 of the Criminal

5

Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is

substituted “section 3 or 7A”).

Part 4

Trials on indictment without a jury

Indictments Act 1915 (c. 90)

10

40    (1)  

Section 5 of the Indictments Act 1915 (orders for amendment of indictment,

separate trial and postponement of trial) is amended as follows.

      (2)  

In subsection (5)(a) for “are to” there is substituted “(if there is one)”.

      (3)  

In subsection (5)(b) after “discharged” there is inserted “under paragraph

(a)”.

15

Criminal Law Act 1967 (c. 58)

41         

In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury”

there is inserted “or otherwise act”.

Criminal Justice Act 1967 (c. 80)

42         

In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty

20

by order of a judge)—

(a)   

for “the defendant being given in charge to a jury” there is

substituted “any further steps being taken in the proceedings”, and

(b)   

after “verdict of a jury” there is inserted “or a court”.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

25

43         

In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of

offences) after “jury” there is inserted “or otherwise act”.

Criminal Appeal Act 1968 (c. 19)

44         

In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

(a)   

for “the jury were discharged from giving a verdict” there is

30

substituted “no verdict was given”, and

(b)   

for “convicting him” there is substituted “his being convicted”.

Judicature (Northern Ireland) Act 1978 (c. 23)

45    (1)  

Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial

on indictment) is amended as follows.

35

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

410

 

      (2)  

In subsection (6A) for “the jury are sworn” there is substituted “the time

when the jury are sworn”.

      (3)  

After subsection (6A) there is inserted—

“(6B)   

The reference in subsection (6A) to the time when the jury are sworn

includes the time when the jury would be sworn but for—

5

(a)   

the making of an order under Part 7 of the Criminal Justice

Act 2003, or

(b)   

the application of section 75 of the Terrorism Act 2000.”

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

46         

In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power

10

to order retrial) for “the jury were discharged from giving a verdict” there is

substituted “no verdict was given”.

Supreme Court Act 1981 (c.54)

47    (1)  

Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of

place of trial) is amended as follows.

15

      (2)  

In subsection (2A) for “the jury are sworn” there is substituted “the time

when the jury are sworn”

      (3)  

After subsection (2A) there is inserted—

“(2B)   

The reference in subsection (2A) to the time when the jury are sworn

includes the time when the jury would be sworn but for the making

20

of an order under Part 7 of the Criminal Justice Act 2003.”

Police and Criminal Evidence Act 1984 (c. 60)

48    (1)  

Section 77 of the Police and Criminal Evidence Act 1984 (confessions of

mentally handicapped persons) is amended as follows.

      (2)  

In subsection (1) after “indictment” there is inserted “with a jury”.

25

      (3)  

In subsection (2) after “indictment” there is inserted “with a jury”.

      (4)  

After subsection (2) there is inserted—

“(2A)   

In any case where at the trial on indictment without a jury of a person

for an offence it appears to the court that a warning under subsection

(1) above would be required if the trial were with a jury, the court

30

shall treat the case as one in which there is a special need for caution

before convicting the accused on his confession.”.

Prosecution of Offences Act 1985 (c.23)

49         

The Prosecution of Offences Act 1985 is amended as follows.

50         

In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is

35

substituted “on indictment”.

51    (1)  

Section 22 (power of Secretary of State to set time limits in relation to

preliminary stages of criminal proceedings) is amended as follows.

      (2)  

In subsection (11A)—

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

411

 

(a)   

for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”,

(b)   

for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

      (3)  

After that subsection there is inserted—

5

“(11AA)   

The references in subsection (11A) above to the time when a jury is

sworn include the time when that jury would be sworn but for the

making of an order under Part 7 of the Criminal Justice Act 2003.”

Criminal Justice Act 1987 (c.38)

52         

The Criminal Justice Act 1987 is amended as follows.

10

53    (1)  

Section 7 (power to order preparatory hearing) is amended as follows.

      (2)  

In subsection (1) for “the jury are sworn” there is substituted “the time when

the jury are sworn”.

      (3)  

After subsection (2) there is inserted—

“(2A)   

The reference in subsection (1) above to the time when the jury are

15

sworn includes the time when the jury would be sworn but for the

making of an order under Part 7 of the Criminal Justice Act 2003.”

54    (1)  

Section 9 (the preparatory hearing) is amended as follows.

      (2)  

In subsection (4)(b) for “the jury” there is substituted “a jury”.

      (3)  

In subsection (13) for “no jury shall be sworn” there is substituted “the

20

preparatory hearing shall not be concluded”.

55    (1)  

Section 10 (later stages of trial) is amended as follows.

      (2)  

In subsection (2) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

      (3)  

In subsection (3) for “deciding whether to give leave” there is substituted

25

“doing anything under subsection (2) above or in deciding whether to do

anything under it”.

      (4)  

In subsection (4) for “Except as provided by this section” there is substituted

“Except as provided by this section, in the case of a trial with a jury”.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

30

56         

The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is

amended as follows.

57    (1)  

Article 6 (power to order preparatory hearing) is amended as follows.

      (2)  

In paragraph (1) for “the jury are sworn” there is substituted “the time when

the jury are sworn”.

35

      (3)  

After paragraph (2) there is inserted—

“(2A)      

The reference in paragraph (1) to the time when the jury are sworn

includes the time when the jury would be sworn but for—

(a)   

the making of an order under Part 7 of the Criminal Justice

Act 2003, or

40

(b)   

the application of section 75 of the Terrorism Act 2000.”

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

412

 

58    (1)  

Article 8 (the preparatory hearing) is amended as follows.

      (2)  

In paragraph (4)(b) for “the jury” there is substituted “a jury”.

      (3)  

In paragraph (12) for “no jury shall be sworn” there is substituted “the

preparatory hearing shall not be concluded”.

59    (1)  

Article 9 (later stages of trial) (as originally enacted) is amended as follows.

5

      (2)  

In paragraph (1) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

      (3)  

In paragraph (2) for “deciding whether to give leave” there is substituted

“doing anything under paragraph (1) or in deciding whether to do anything

under it”.

10

      (4)  

In paragraph (3) for “Except as provided by this Article” there is substituted

“Except as provided by this Article, in the case of a trial with a jury”.

60    (1)  

Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to

the Criminal Procedure and Investigations Act 1996) is amended as follows.

      (2)  

In paragraph (2) after “jury” there is inserted “or, in the case of a trial without

15

a jury, the judge”.

      (3)  

In paragraph (3) for “deciding whether to give leave” there is substituted

“doing anything under paragraph (2) or in deciding whether to do anything

under it”.

      (4)  

In paragraph (4) for “Except as provided by this Article” there is substituted

20

“Except as provided by this Article, in the case of a trial with a jury”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

61    (1)  

Article 75 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (confessions of mentally handicapped persons) is amended as follows.

      (2)  

In paragraph (1) after “indictment” there is inserted “with a jury”.

25

      (3)  

In paragraph (2) after “indictment” there is inserted “with a jury”.

      (4)  

After paragraph (2) there is inserted—

“(2A)      

In any case where at the trial on indictment without a jury of a

person for an offence it appears to the court that a warning under

paragraph (1) would be required if the trial were with a jury, the

30

court shall treat the case as one in which there is a special need for

caution before convicting the accused on his confession.”

Criminal Justice and Public Order Act 1994 (c. 33)

62         

The Criminal Justice and Public Order Act 1994 is amended as follows.

63         

In section 35(2) (effect of accused’s silence at trial) after “indictment” there is

35

inserted “with a jury”.

64         

In section 51(10)(b) (intimidation of witnesses, jurors and others) after

“finding” there is inserted “otherwise than in circumstances where the

proceedings are continued without a jury”.

Criminal Procedure and Investigations Act 1996 (c.25)

40

65         

The Criminal Procedure and Investigations Act 1996 is amended as follows.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

413

 

66    (1)  

Section 29 (power to order preparatory hearing) is amended as follows.

      (2)  

In subsection (1)(a) for “the jury are sworn” there is substituted “the time

when the jury are sworn”.

      (3)  

After subsection (4) there is inserted—

“(5)   

The reference in subsection (1)(a) to the time when the jury are sworn

5

includes the time when the jury would be sworn but for the making

of an order under Part 7 of the Criminal Justice Act 2003.”

67         

In section 31(4)(b) (the preparatory hearing) for “the jury” there is

substituted “a jury”.

68    (1)  

Section 34 (later stages of trial) is amended as follows.

10

      (2)  

In subsection (2) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

      (3)  

In subsection (3) for “deciding whether to give leave” there is substituted

“doing anything under subsection (2) or in deciding whether to do anything

under it”.

15

      (4)  

In subsection (4) for “Except as provided by this section” there is substituted

“Except as provided by this section, in the case of a trial with a jury”.

69         

In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn”

there is substituted “the preparatory hearing shall not be concluded”.

70         

In section 36(2) (appeals to House of Lords) for “no jury shall be sworn”

20

there is substituted “the preparatory hearing shall not be concluded”.

71    (1)  

Section 39 (meaning of pre-trial hearing) is amended as follows.

      (2)  

In subsection (3)—

(a)   

for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”,

25

(b)   

for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

      (3)  

After that subsection there is inserted—

“(4)   

The references in subsection (3) to the time when a jury is sworn

include the time when that jury would be sworn but for the making

30

of an order under Part 7 of the Criminal Justice Act 2003.”

72    (1)  

Schedule 4 (modifications for Northern Ireland) is amended as follows.

      (2)  

In paragraph 15 after the substituted version of section 39(2) there is

inserted—

“(2A)   

But, for the purposes of this Part, a hearing of the kind mentioned in

35

section 44(2)(b) of the Criminal Justice Act 2003 is not a pre-trial

hearing.”

      (3)  

In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—

(a)   

for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”, and

40

(b)   

for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

 

 

 
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