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Session 2002 - 03
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Criminal Justice Bill


 

Criminal Justice Bill

 

[AS AMENDED ON REPORT]

 
 

Contents

Part 1

Amendments of Police and Criminal Evidence Act 1984

1   

Extension of powers to stop and search

2   

Warrants to enter and search

3   

Arrestable offences

4   

Bail elsewhere than at police station

5   

Drug testing for under-eighteens

6   

Limits on period of detention without charge

7   

Property of detained persons

8   

Taking fingerprints without consent

9   

Taking non-intimate samples without consent

10   

Destruction of fingerprints and samples

11   

Codes of practice

12   

Amendments related to Part 1

Part 2

Bail

13   

Grant and conditions of bail

14   

Offences committed on bail

15   

Absconding by persons released on bail

16   

Appeal to Crown Court

17   

Appeals to High Court

18   

Appeal by prosecution

19   

Drug users: restriction on bail

20   

Supplementary amendments to the Bail Act 1976

21   

Interpretation of Part 2

Part 3

Conditional cautions

22   

Conditional cautions

23   

The five requirements

24   

Failure to comply with conditions

 
HL Bill 12153/2
 
 

Criminal Justice Bill

iv

 

25   

Code of practice

26   

Assistance of National Probation Service

27   

Interpretation of Part 3

Part 4

Charging etc

28   

Charging or release of persons in police detention

29   

New method of instituting proceedings

30   

Further provision about new method

31   

Removal of requirement to substantiate information on oath

Part 5

Disclosure

32   

Initial duty of disclosure by prosecutor

33   

Defence disclosure

34   

Notification of intention to call defence witnesses

35   

Notification of names of experts instructed by defendant

36   

Further provisions about defence disclosure

37   

Continuing duty of disclosure by prosecutor

38   

Application by defence for disclosure

39   

Faults in defence disclosure

40   

Code of practice for police interviews of witnesses notified by accused

Part 6

Allocation and sending of offences

41   

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

42   

Mode of trial for certain firearms offences: transitory arrangements

Part 7

Live links

43   

Live links in criminal proceedings

44   

Effect of, and rescission of, direction

45   

Magistrates’ courts permitted to sit at other locations

46   

Warning to jury

47   

Rules of court

48   

Interpretation of Part 7

Part 8

Prosecution appeals

49   

Further provision about right of appeal mentioned in section 50(1)

50   

Further provision about right of appeal mentioned in section 50(3)

51   

Appeals against terminating rulings

52   

Appeals against certain other rulings

53   

Expedited and non-expedited appeals

 
 

Criminal Justice Bill

v

 

54   

Continuation of proceedings for offences not affected by ruling

55   

Determination of appeal by Court of Appeal

56   

Appeals to the House of Lords

57   

Costs

58   

Effect on time limits in relation to preliminary stages

59   

Restrictions on reporting

60   

Offences in connection with reporting

61   

Rules of court

62   

Interpretation of Part 8

Part 9

Retrial for serious offences

Cases that may be retried

63   

Cases that may be retried

Application for retrial

64   

Application to Court of Appeal

65   

Determination by Court of Appeal

66   

New and compelling evidence

67   

Interests of justice

68   

Procedure and evidence

69   

Appeals

70   

Restrictions on publication in the interests of justice

71   

Offences in connection with publication restrictions

Retrial

72   

Retrial

Investigations

73   

Authorisation of investigations

74   

Urgent investigative steps

Arrest, custody and bail

75   

Arrest and charge

76   

Bail and custody before application

77   

Bail and custody before hearing

78   

Bail and custody during and after hearing

79   

Revocation of bail

Part 9: supplementary

80   

Functions of the DPP

81   

Rules of Court

82   

Armed Forces: Part 9

83   

Interpretation of Part 9

84   

Application of Part 9 to Northern Ireland

85   

Application of Criminal Appeal Acts to proceedings under Part 9

 
 

Criminal Justice Bill

vi

 

Part 10

Evidence

Chapter 1

Evidence of bad character

86   

Evidence of bad character

Chapter 2

Hearsay evidence

Hearsay: main provisions

87   

Statements and matters stated

Principal categories of admissibility

88   

Cases where a witness is unavailable

89   

Business and other documents

90   

Preservation of certain common law categories of admissibility

91   

Inconsistent statements

92   

Other previous statements of witnesses

Supplementary

93   

Multiple hearsay

94   

Documents produced as exhibits

95   

Capability to make statement

96   

Credibility

97   

Stopping the case where evidence is unconvincing

98   

Court’s general discretion to exclude evidence

Miscellaneous

99   

Expert evidence: preparatory work

100   

Confessions

101   

Representations other than by a person

102   

Depositions

103   

Evidence at retrial

General

104   

Rules of court

105   

Proof of statements in documents

106   

Interpretation of Chapter 2

107   

Armed forces

108   

Repeals etc

 
 

Criminal Justice Bill

vii

 

Chapter 3

Miscellaneous and supplemental

109   

Evidence by video recording

110   

Video evidence: further provisions

111   

Use of documents to refresh memory

112   

Interpretation of Chapter 3

113   

Saving

Part 11

Sentencing

Chapter 1

General provisions about sentencing

Matters to be taken into account in sentencing

114   

Purposes of sentencing

115   

Determining the seriousness of an offence

116   

Reduction in sentences for guilty pleas

117   

Increase in sentences for racial or religious aggravation

118   

Increase in sentences for aggravation related to disability or sexual

orientation

General restrictions on community sentences

119   

Meaning of “community sentence” etc.

120   

Restrictions on imposing community sentences

121   

Passing of community sentence on offender remanded in custody

122   

Community sentence not available where sentence fixed by law etc.

123   

Community order for persistent offender previously fined

General restrictions on discretionary custodial sentences

124   

General restrictions on imposing discretionary custodial sentences

125   

Length of discretionary custodial sentences: general provision

General limit on magistrates’ court’s power to impose imprisonment

126   

General limit on magistrates’ court’s power to impose imprisonment

127   

Consecutive terms of imprisonment

Procedural requirements for imposing community sentences and discretionary custodial

sentences

128   

Pre-sentence reports and other requirements

129   

Additional requirements in case of mentally disordered offender

130   

Meaning of “pre-sentence report”

 
 

Criminal Justice Bill

viii

 

Disclosure of pre-sentence reports etc

131   

Disclosure of pre-sentence reports

132   

Other reports of local probation boards and members of youth offending

teams

Pre-sentence drug testing

133   

Pre-sentence drug testing

Fines

134   

Powers to order statement as to offender’s financial circumstances

135   

General power of Crown Court to fine offender convicted on indictment

136   

Fixing of fines

137   

Remission of fines

Savings for power to mitigate etc

138   

Savings for powers to mitigate sentences and deal appropriately with

mentally disordered offenders

Sentencing and allocation guidelines

139   

The Sentencing Guidelines Council

140   

Sentencing Guidelines Council: supplementary provisions

141   

The Sentencing Advisory Panel

142   

Guidelines relating to sentencing and allocation

143   

Functions of Sentencing Advisory Panel in relation to guidelines

144   

Duty of court to have regard to sentencing guidelines

145   

Annual report by Council

Duty of court to explain sentence

146   

Duty to give reasons for, and explain effect of, sentence

Publication of information by Secretary of State

147   

Duty to publish information about sentencing

Interpretation of Chapter

148   

Interpretation of Chapter 1

Chapter 2

Community orders: offenders aged 16 or over

149   

Community orders

150   

Power to provide for court review of community orders

151   

Breach, revocation or amendment of community order

152   

Transfer of community orders to Scotland or Northern Ireland

 
 

Criminal Justice Bill

ix

 

Chapter 3

Prison sentences of less than 12 months

Prison sentences of less than twelve months

153   

Prison sentences of less than 12 months

154   

Licence conditions

Intermittent custody

155   

Intermittent custody

156   

Restrictions on power to make intermittent custody order

157   

Intermittent custody: licence conditions

158   

Further provisions relating to intermittent custody

Further provision about custody plus orders and intermittent custody orders

159   

Revocation or amendment of order

160   

Transfer of custody plus orders and intermittent custody orders to Scotland

or Northern Ireland

Suspended sentences

161   

Suspended sentences of imprisonment

162   

Imposition of requirements by suspended sentence order

163   

Power to provide for review of suspended sentence order

164   

Periodic reviews of suspended sentence order

165   

Breach, revocation or amendment of suspended sentence order, and effect of

further conviction

166   

Transfer of suspended sentence orders to Scotland or Northern Ireland

Interpretation of Chapter

167   

Interpretation of Chapter 3

Chapter 4

Further provisions about orders under Chapters 2 and 3

Introductory

168   

Meaning of “relevant order”

169   

Meaning of “the responsible officer”

170   

Duties of responsible officer

Requirements available in case of all offenders

171   

Unpaid work requirement

172   

Obligations of person subject to unpaid work requirement

173   

Activity requirement

174   

Programme requirement

175   

Prohibited activity requirement

176   

Curfew requirement

 
 

 
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Revised 13 November 2003