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(b) the power of a person who is not a public prosecutor to lay an | |
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 | 5 |
Act passed before this Act— | |
(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 | 10 |
written charge), | |
(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 | 15 |
a requisition). | |
(6) 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. | 20 |
(7) In this section “public prosecutor”, “requisition” and “written charge” have the | |
same meaning as in section 24. | |
26 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 | 25 |
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— | 30 |
“(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 | 35 |
27 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)— | |
(a) for “in the prosecutor’s opinion might undermine” there is substituted | 40 |
“might reasonably be considered capable of undermining”; | |
(b) after “against the accused” there is inserted “or of assisting the case for | |
the accused”. | |
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28 Defence disclosure | |
(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 | 5 |
accused specified by the court. | |
(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 | 10 |
of section 12, is the relevant period for this section. | |
(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— | 15 |
“6A Contents of defence statement | |
(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, | 20 |
(b) indicating the matters of fact on which he takes issue with the | |
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 | 25 |
admissibility of evidence) which he 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 | 30 |
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 | 35 |
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 | 40 |
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.” | 45 |
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(5) Regulations under subsection (4) may only be made if a draft of the | |
statutory instrument has been laid before and approved by a resolution | |
of each House of Parliament. | |
(3) After section 6A of that Act (inserted by subsection (2) above) there is | |
inserted— | 5 |
“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 | |
during that period give to the court and the prosecutor a defence | |
statement under this section (an “updated defence statement”). | 10 |
(2) The relevant period for this section is determined under section 12. | |
(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) Where there are other accused in the proceedings and the court so | 15 |
orders, the accused must also give an updated defence statement, | |
within such period as may be specified by the court, to each other | |
accused so specified. | |
(5) The court may make an order under subsection (4) either of its own | |
motion or on the application of any party.” | 20 |
29 Notification of intention to call defence witnesses | |
After section 6B of the 1996 Act (inserted by section 28 above) there is | |
inserted— | |
“6C Notification of intention to call defence witnesses | |
(1) The accused must give to the court and the prosecutor a notice | 25 |
indicating whether he intends to give or call any evidence at trial and, | |
if so— | |
(a) giving the name, address and date of birth of each proposed | |
witness (other than the accused himself), or as many of those | |
details as are known to the accused when the notice is given; | 30 |
(b) providing any information in the accused’s possession which | |
might be of material assistance in identifying or finding any | |
proposed witness in whose case any of the details mentioned in | |
paragraph (a) are not known to the accused when the notice is | |
given. | 35 |
(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— | 40 |
(a) decides to call a person who is not included in the notice as a | |
proposed witness, or decides not to call a person who is so | |
included, or | |
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(b) discovers any information which, under subsection (1), he | |
would have had to include in the notice if he had been aware of | |
it when giving the notice, | |
he must give an appropriately amended notice to the court and the | |
prosecutor.” | 5 |
30 Notification of names of experts instructed by defendant | |
After section 6C of the 1996 Act (inserted by section 29 above) there is | |
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 | 10 |
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 | |
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 | 15 |
been given under section 6C. | |
(3) A notice under this section must be given during the period which, by | |
virtue of section 12, is the relevant period for this section.” | |
31 Further provisions about defence disclosure | |
After section 6D of the 1996 Act (inserted by section 30 above) there is | 20 |
inserted— | |
“6E Disclosure by accused: further provisions | |
(1) A defence statement purporting to be given (under section 5, 6 or 6B) | |
on behalf of an accused by his solicitor shall, unless the contrary is | |
proved, be deemed to be given with the authority of the accused. | 25 |
(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. | |
(3) In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 | 30 |
(see section 39). | |
(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 | 35 |
references to matters evidence of which would be inadmissible. | |
(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 | 40 |
copy of the defence statement would help the jury to | |
understand the case or to resolve any issue in the case. | |
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(6) The reference in section (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; | |
(b) where he has given both an initial defence statement and an | 5 |
updated defence statement (that is, a defence statement given | |
under section 6B), to the updated defence statement.” | |
32 Continuing duty of disclosure by prosecutor | |
Before section 8 of the 1996 Act there is inserted— | |
“7A Continuing duty of prosecutor to disclose | 10 |
(1) This section applies at all times— | |
(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. | 15 |
(2) The prosecutor must keep under review the question whether at any | |
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 | 20 |
case for the accused, and | |
(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 | 25 |
(5)(a), where that applies). | |
(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— | 30 |
(a) if as a result of that statement the prosecutor is required by this | |
section to make any disclosure, or further disclosure, he must | |
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 | 35 |
during that period give to the accused a written statement to | |
that effect. | |
(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 | 40 |
against the accused, or | |
(b) which, in pursuance of a code operative under Part 2, he has | |
inspected in connection with the case for the prosecution | |
against the accused. | |
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(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. | |
(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 | 5 |
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 | |
Regulation of Investigatory Powers Act 2000 (c. 23).” | |
33 Application by defence for disclosure | 10 |
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 | |
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. | 15 |
(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 | |
the prosecutor to disclose it to him.” | |
34 Faults in defence disclosure | 20 |
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 | |
(4). | |
(2) The first case is where section 5 applies and the accused— | 25 |
(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 | |
section 5, | |
(c) is required by section 6B to give an updated defence statement | 30 |
but fails to do so, | |
(d) gives an updated defence statement 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 | 35 |
(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 | 40 |
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 | |
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(iv) calls a witness to give evidence in support of an alibi | |
without having complied with section 6A(2)(a) or (b) as | |
regards the witness in giving his defence statement. | |
(3) The second case is where section 6 applies, the accused gives an initial | |
defence statement, and the accused— | 5 |
(a) gives the initial defence statement after the end of the period | |
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). | 10 |
(4) The third case is where the accused— | |
(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 not included, or not adequately | 15 |
identified, in a witness notice. | |
(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 | 20 |
deciding whether the accused is guilty of the offence concerned. | |
(6) Where this section applies by virtue of subsection (4), comment by | |
another party under subsection (5)(a) may be made only with the leave | |
of the court. | |
(7) Where the accused puts forward a defence which is different from any | 25 |
defence set out in his defence statement, in doing anything under | |
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. | 30 |
(8) Where the accused calls a witness whom he has failed to include, or to | |
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. | |
(9) A person shall not be convicted of an offence solely on an inference | 35 |
drawn under subsection (5). | |
(10) In this section— | |
(a) “initial defence statement” means a defence statement given | |
under section 5 or 6; | |
(b) “updated defence statement” means a defence statement given | 40 |
under section 6B; | |
(c) a reference simply to an accused’s “defence statement” is a | |
reference— | |
(i) where he has given only an initial defence statement, to | |
that statement; | 45 |
(ii) where he has given both an initial and an updated | |
defence statement, to the updated defence statement; | |
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