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69 Restrictions on reporting | |
(1) Where notice of an application has been given under section 67(1), no | |
publication shall, except as provided by this section, include a report of any of | |
the matters within subsection (2). | |
(2) Those matters are— | 5 |
(a) the application, and | |
(b) anything done in connection with the application under this Part or | |
Part 2 of the Criminal Appeal Act 1968 (c. 19) or under rules of court. | |
(3) An order that subsection (1) is not to apply to a report, or is not to apply to a | |
specified extent to a report, may be made— | 10 |
(a) by the House of Lords, in the case of a report of an appeal to that House, | |
or of an application to that House for leave to appeal; | |
(b) by the Court of Appeal, in any other case. | |
(4) If the acquitted person objects to the making of an order under subsection (3)— | |
(a) the House of Lords or Court of Appeal are to make the order if (and | 15 |
only if) satisfied, after hearing that person’s representations, that it is in | |
the interests of justice to do so, and | |
(b) the order (if made) is not to apply to the extent that a report deals with | |
any such objection or representations. | |
(5) Subsection (1) does not apply to the inclusion in a publication of a report of, or | 20 |
of anything done in connection with, an application— | |
(a) at a time when there is no longer any step that could be taken which | |
would lead to the acquitted person being tried pursuant to an order | |
made on the application, or | |
(b) if he is tried pursuant to such an order, after the conclusion of the trial. | 25 |
(6) Nothing in this section affects any prohibition or restriction by virtue of any | |
other enactment on the inclusion of any matter in a publication. | |
(7) In this section— | |
“programme service” has the same meaning as in the Broadcasting Act | |
1990 (c. 42), | 30 |
“publication” includes any speech, writing, relevant programme or other | |
communication in whatever form, which is addressed to the public at | |
large or any section of the public (and for this purpose every relevant | |
programme is to be taken to be so addressed), but does not include an | |
indictment or other document prepared for use in particular legal | 35 |
proceedings, | |
“relevant programme” means a programme included in a programme | |
service. | |
70 Offences in connection with reporting | |
(1) This section applies if a publication includes a report in contravention of | 40 |
section 69. | |
(2) Where the publication is a newspaper or periodical, any proprietor, editor or | |
publisher of the newspaper or periodical is guilty of an offence. | |
(3) Where the publication is a relevant programme— | |
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(a) any body corporate or Scottish partnership engaged in providing the | |
programme service in which the programme is included, and | |
(b) any person having functions in relation to the programme | |
corresponding to those of an editor of a newspaper, | |
is guilty of an offence. | 5 |
(4) In the case of any other publication, any person publishing it is guilty of an | |
offence. | |
(5) If an offence under this section committed by a body corporate is proved— | |
(a) to have been committed with the consent or connivance of, or | |
(b) to be attributable to any neglect on the part of, | 10 |
an officer, the officer as well as the body corporate is guilty of the offence and | |
liable to be proceeded against and punished accordingly. | |
(6) In subsection (5), “officer” means a director, manager, secretary or other similar | |
officer of the body, or a person purporting to act in any such capacity. | |
(7) If the affairs of a body corporate are managed by its members, “director” in | 15 |
subsection (6) means a member of that body. | |
(8) Where an offence under this section is committed by a Scottish partnership and | |
is proved to have been committed with the consent or connivance of a partner, | |
he as well as the partnership shall be guilty of the offence and shall be liable to | |
be proceeded against and punished accordingly. | 20 |
(9) A person guilty of an offence under this section is liable on summary | |
conviction to a fine not exceeding level 5 on the standard scale. | |
(10) Proceedings for an offence under this section may not be instituted— | |
(a) in England and Wales otherwise than by or with the consent of the | |
Attorney General, or | 25 |
(b) in Northern Ireland otherwise than by or with the consent of the | |
Attorney General for Northern Ireland. | |
Retrial | |
71 Retrial | |
(1) Where a person— | 30 |
(a) is tried pursuant to an order under section 64(1), or | |
(b) is tried on indictment pursuant to an order under section 64(3), | |
the trial must be on an indictment preferred by direction of the Court of | |
Appeal. | |
(2) After the end of 2 months after the date of the order, the person may not be | 35 |
arraigned on an indictment preferred in pursuance of such a direction unless | |
the Court of Appeal gives leave. | |
(3) The Court of Appeal must not give leave unless satisfied that— | |
(a) the prosecutor has acted with due expedition, and | |
(b) there is a good and sufficient cause for trial despite the lapse of time | 40 |
since the order under section 64. | |
(4) Where the person may not be arraigned without leave, he may apply to the | |
Court of Appeal to set aside the order and— | |
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(a) for any direction required for restoring an earlier judgment and verdict | |
of acquittal of the qualifying offence, or | |
(b) in the case of a person acquitted elsewhere than in England and Wales | |
or Scotland, for a declaration to the effect that the acquittal is a bar to | |
his being tried for the qualifying offence. | 5 |
(5) An indictment under subsection (1) may relate to more than one offence, or | |
more than one person, and may relate to an offence which, or a person who, is | |
not the subject of an order or declaration under section 64. | |
(6) Evidence given at a trial pursuant to an order under section 64(1) or (3) must | |
be given orally if it was given orally at the original trial, unless— | 10 |
(a) section 100 applies, or | |
(b) the witness is unavailable to give evidence, otherwise than as | |
mentioned in subsection (2) of that section, and section 98(1)(d) applies. | |
(7) At a trial pursuant to an order under section 64(1), paragraph 5 of Schedule 3 | |
to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply | 15 |
to a deposition read as evidence at the original trial. | |
Investigations | |
72 Authorisation of investigations | |
(1) This section applies to the investigation of the commission of a qualifying | |
offence by a person— | 20 |
(a) acquitted in England and Wales of the qualifying offence, or | |
(b) acquitted elsewhere than in England and Wales or Scotland of an | |
offence the commission of which as alleged would have amounted to | |
or included the commission in the United Kingdom of the qualifying | |
offence. | 25 |
(2) Subject to section 73, an officer may not do anything within subsection (3) for | |
the purposes of such an investigation unless the Director of Public | |
Prosecutions— | |
(a) has certified that in his opinion the acquittal would not be a bar to the | |
trial of the acquitted person in England and Wales for the qualifying | 30 |
offence, or | |
(b) has given his written consent to the investigation (whether before or | |
after the start of the investigation). | |
(3) The officer may not, either with or without the consent of the acquitted | |
person— | 35 |
(a) arrest or question him, | |
(b) search him or premises owned or occupied by him, | |
(c) search a vehicle owned by him or anything in or on such a vehicle, | |
(d) seize anything in his possession, or | |
(e) take his fingerprints or take a sample from him. | 40 |
(4) The Director of Public Prosecutions may only give his consent on a written | |
application, and such an application may be made only by— | |
(a) an officer of the metropolitan police force or the City of London police | |
force of the rank of commander or above, or | |
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(b) an officer of any other police force of the rank of assistant chief | |
constable or above. | |
(5) An officer may make an application under subsection (4) only if— | |
(a) new evidence which would be relevant to an application under section | |
63(1) or (2) in respect of the qualifying offence is available or known to | 5 |
the officer, or | |
(b) the officer has reasonable grounds for believing that such new evidence | |
is likely to become available or known to him as a result of the | |
investigation. | |
(6) The Director of Public Prosecutions may not give his consent unless satisfied | 10 |
that— | |
(a) there is, or there is likely as a result of the investigation to be, sufficient | |
new evidence to warrant the conduct of the investigation, and | |
(b) it is in the public interest for the investigation to proceed. | |
(7) In giving his consent, the Director of Public Prosecutions may recommend that | 15 |
the investigation be conducted otherwise than by officers of a specified police | |
force. | |
73 Urgent investigative steps | |
(1) Section 72 does not prevent an officer from taking any action for the purposes | |
of an investigation at a time when each of the following conditions is met. | 20 |
(2) The first condition is that the investigation is authorised by an officer of the | |
rank of superintendent or above. | |
(3) Such an authorisation may be given before or after the start of the | |
investigation. | |
(4) The second condition is that— | 25 |
(a) new evidence which would be relevant to an application under section | |
63(1) or (2) in respect of the qualifying offence to which the | |
investigation relates is available or known to the officer authorising the | |
investigation, or | |
(b) that officer has reasonable grounds for believing that such new | 30 |
evidence is likely as a result of the investigation to become available or | |
known to him. | |
(5) The third condition is that the action is necessary as a matter of urgency— | |
(a) to prevent the investigation being substantially and irrevocably | |
prejudiced, or | 35 |
(b) to prevent death or serious personal injury. | |
(6) The fourth condition is that— | |
(a) there has been no undue delay in applying for consent under section | |
72(2), | |
(b) that consent has not been refused, and | 40 |
(c) taking into account the urgency of the situation, it is not reasonably | |
practicable to obtain that consent before taking the action. | |
(7) An authorisation under subsection (2) must— | |
(a) if reasonably practicable, be given in writing; | |
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(b) otherwise, be recorded in writing by the officer giving it as soon as is | |
reasonably practicable. | |
Arrest, custody and bail | |
74 Arrest and charge | |
(1) If a justice of the peace is satisfied by written information that new evidence | 5 |
which would be relevant to an application under section 63(1) or (2) in respect | |
of the commission by any person of a qualifying offence is available or known | |
to an officer, the justice may issue a warrant to arrest that person for that | |
offence. | |
(2) Subsections (3) and (4) apply where a person is arrested under a warrant issued | 10 |
under subsection (1). | |
(3) For the purposes of Part 4 of the Police and Criminal Evidence Act 1984 (c. 60) | |
(detention) there is sufficient evidence to charge the person with the offence for | |
which he has been arrested if, and only if, an officer of the rank of | |
superintendent or above is of the opinion that the evidence available or known | 15 |
to him is sufficient for the case to be referred to a prosecutor to consider | |
whether consent should be sought for an application in respect of that person | |
under section 63. | |
(4) For the purposes of that Part it is the duty of the custody officer at each police | |
station where the person is detained to make available or known to an officer | 20 |
at that police station of the rank of superintendent or above any evidence | |
which it appears to him may be relevant to an application under section 63(1) | |
or (2) in respect of the offence for which the person has been arrested, and to | |
do so as soon as practicable— | |
(a) after the evidence becomes available or known to him, or | 25 |
(b) if later, after he forms that view. | |
75 Bail and custody before application | |
(1) A person charged with an offence in accordance with section 74(3) 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 sections 38 and 46 of the Police and | 30 |
Criminal Evidence Act 1984 (c. 60) do not apply. | |
(2) For the purpose of calculating the period referred to in subsection (1), the | |
following are to be disregarded— | |
(a) Sunday, | |
(b) Christmas Day, | 35 |
(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 | |
person is for the time being detained. | |
(3) The Crown Court may either— | 40 |
(a) grant bail, with such conditions as it sees fit, for the person to appear | |
before the Crown Court if notice of an application is served on him | |
under section 67(2), or | |
(b) remand the person in custody to be brought before the Crown Court | |
under section 76(2). | 45 |
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(4) Subsection (3) is subject to section 4 of the Bail Act 1976 (c. 63) and section 25 of | |
the Criminal Justice and Public Order Act 1994 (c. 33). | |
(5) If the Crown Court grants bail under subsection (3), it may from time to time— | |
(a) vary the conditions of bail, or | |
(b) revoke bail and remand the person in custody as referred to in | 5 |
subsection (3)(b). | |
(6) If— | |
(a) a person is remanded in custody under subsection (3)(b) or (5)(b), and | |
(b) notice of an application under section 63(1) or (2) in relation to him is | |
not given under section 67(1) within 42 days beginning with the date | 10 |
when he is remanded in custody, or within that period as extended or | |
further extended under subsection (7), | |
the Crown Court must grant bail, with such conditions as it sees fit, for him to | |
appear before the Crown Court if notice of an application is served on him | |
under section 67(2). | 15 |
(7) The Crown Court may, on the application of a prosecutor, extend or further | |
extend the period mentioned in subsection (6)(b), 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. | |
(8) If the Crown Court grants bail under subsection (6), it may from time to time | 20 |
vary the conditions of bail. | |
76 Bail and custody before hearing | |
(1) This section applies where notice of an application is given under section 67(1). | |
(2) If the person to whom the application relates is in custody under section | |
75(3)(b) or (5)(b), he must be brought before the Crown Court as soon as | 25 |
practicable and, in any event, within 48 hours after the notice is given. | |
(3) If that person is not in custody under section 75(3)(b) or (5)(b), 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 | 30 |
(b) issue a warrant for the person’s arrest. | |
(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 | |
(b) in a subsequent direction of the Crown Court. | 35 |
(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 | |
after his arrest. | 40 |
(7) If a person is brought before the Crown Court under subsection (2) or (6) or | |
appears before it pursuant to bail under section 75(3)(a) or (6), the court must | |
either— | |
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(a) remand him in custody to be brought before the Court of Appeal at the | |
hearing of the application, or | |
(b) grant bail, with such conditions as it sees fit, for him to appear before | |
the Court of Appeal at the hearing. | |
(8) Subsection (7) is subject to section 4 of the Bail Act 1976 (c. 63) and section 25 of | 5 |
the Criminal Justice and Public Order Act 1994 (c. 33). | |
(9) If bail is granted under subsection (7)(b), the Crown Court may from time to | |
time— | |
(a) revoke the bail and remand the person in custody as referred to in | |
subsection (7)(a), or | 10 |
(b) vary the conditions of bail. | |
(10) For the purpose of calculating the period referred to in subsection (2) or (6), the | |
following are to be disregarded— | |
(a) Sunday, | |
(b) Christmas Day, | 15 |
(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 | |
person is for the time being detained. | |
77 Bail and custody during and after hearing | 20 |
(1) The Court of Appeal may, at any adjournment of the hearing of an application | |
under section 63(1) or (2)— | |
(a) remand the person to whom the application relates on bail, with such | |
conditions as it sees fit, or | |
(b) remand him in custody. | 25 |
(2) At a hearing at which the Court of Appeal— | |
(a) makes an order under section 64, | |
(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 | 30 |
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. | 35 |
(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) The court may at any time, as it sees fit— | 40 |
(a) revoke bail granted under this section and remand the person in | |
custody, | |
(b) vary the conditions of bail granted under subsection (1), or | |
(c) vary an order under subsection (2). | |
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