|
| |
| |
““public prosecutor”, “requisition” and “written charge” have | |
the same meaning as in section 24 of the Criminal Justice Act | |
2003;”. | |
(3) In subsection (6A), after paragraph (a) there is inserted— | |
“(aa) when a public prosecutor issues a written charge and | 5 |
requisition in respect of the offence;”. | |
Merchant Shipping Act 1995 (c. 21) | |
11 (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) | |
is amended as follows. | |
(2) In subsection (2)(a), after sub-paragraph (i) there is inserted— | 10 |
“(ia) when a public prosecutor issues a written charge and | |
requisition in respect of the offence;”. | |
(3) After subsection (2) there is inserted— | |
“(2A) In subsection (2) above “public prosecutor”, “requisition” and | |
“written charge” have the same meaning as in section 24 of the | 15 |
Criminal Justice Act 2003.” | |
Terrorism Act 2000 (c. 11) | |
12 (1) Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an | |
offence: timing) is amended as follows. | |
(2) In sub-paragraph (1), after paragraph (a) there is inserted— | 20 |
“(aa) when a public prosecutor issues a written charge and | |
requisition in respect of the offence;”. | |
(3) After sub-paragraph (2) there is inserted— | |
“(2A) In sub-paragraph (1) “public prosecutor”, “requisition” and | |
“written charge” have the same meaning as in section 24 of the | 25 |
Criminal Justice Act 2003.” | |
Proceeds of Crime Act 2002 (c. 29) | |
13 (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as | |
follows. | |
(2) In subsection (1), after paragraph (a) there is inserted— | 30 |
“(aa) when a public prosecutor issues a written charge and | |
requisition in respect of the offence;”. | |
(3) After subsection (8) there is inserted— | |
“(9) In this section “public prosecutor”, “requisition” and “written | |
charge” have the same meaning as in section 24 of the Criminal | 35 |
Justice Act 2003.” | |
| |
| |
|
| |
| |
Part 3 | |
Disclosure | |
Prosecution of Offences Act 1985 (c. 23) | |
14 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 | 5 |
“section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A”. | |
Criminal Justice Act 1987 (c. 38) | |
15 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)) | 10 |
16 In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order | |
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) | |
17 The Criminal Procedure and Investigations Act 1996 is amended as follows. | 15 |
18 In section 3 (primary disclosure by prosecutor), for the heading there is | |
substituted “Initial duty of prosecutor to disclose”. | |
19 In section 4 (primary disclosure: further provisions), in the heading for | |
“Primary disclosure” there is substituted “Initial duty to disclose”. | |
20 In section 5 (compulsory disclosure by accused), subsections (6) to (9) are | 20 |
omitted. | |
21 In section 6 (voluntary disclosure by accused), subsection (3) is omitted. | |
22 Section 7 (secondary disclosure by prosecutor) shall cease to have effect. | |
23 Section 9 (continuing duty of prosecutor to disclose) shall cease to have | |
effect. | 25 |
24 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 | |
which, by virtue of section 12, is the relevant period for | |
section 7A.” | 30 |
25 In section 12 Act (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)”. | |
26 In section 13 (time limits: transitional), for subsection (2) there is | |
substituted— | 35 |
“(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— | |
| |
| |
|
| |
| |
(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”. | 5 |
27 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)”. | |
28 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)”. | |
29 In section 16 (applications: opportunity to be heard), in paragraph (a) and in | 10 |
the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8), | |
8(5)”. | |
30 In section 17 (confidentiality of disclosed information), in subsection (1)(a), | |
for “7, 9” there is substituted “7A”. | |
31 In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), | 15 |
9(8)” there is substituted “5(5B), 6B(5), 6E(5), 7A(8), 8(2) or (5)”. | |
32 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”. | 20 |
33 In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) | |
and (c) of subsection (6) are omitted. | |
34 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) | 25 |
35 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 | |
Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is | |
substituted “section 3 or 7A”). | |
Part 4 | 30 |
Trials on indictment without a jury | |
Indictments Act 1915 (c. 90) | |
36 (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)”. | 35 |
(3) In subsection (5)(b) after “discharged” there is inserted “under paragraph | |
(a)”. | |
| |
| |
|
| |
| |
Criminal Law Act 1967 (c. 58) | |
37 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) | |
38 In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty | 5 |
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 Appeal Act 1968 (c. 19) | 10 |
39 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 | |
substituted “no verdict was given”, and | |
(b) for “convicting him” there is substituted “his being convicted”. | |
Supreme Court Act 1981 (c.54) | 15 |
40 (1) Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of | |
place of trial) is amended as follows. | |
(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— | 20 |
“(2B) The reference in subsection (2A) to the time when the jury are sworn | |
is to be read, in the case of a trial conducted without a jury, as a | |
reference to the time when, if the trial were conducted with a jury, | |
the jury would be sworn.” | |
Police and Criminal Evidence Act 1984 (c. 60) | 25 |
41 (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”. | |
(3) In subsection (2) after “indictment” there is inserted “with a jury”. | |
(4) After subsection (2) there is inserted— | 30 |
“(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 | |
shall treat the case as one in which there is a special need for caution | |
before convicting the accused on his confession.”. | 35 |
Prosecution of Offences Act 1985 (c.23) | |
42 The Prosecution of Offences Act 1985 is amended as follows. | |
| |
| |
|
| |
| |
43 In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is | |
substituted “on indictment”. | |
44 (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)— | 5 |
(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— | 10 |
“(11AA) The references in subsection (11A) above to the time when a jury is | |
sworn are to be read, in the case of a trial conducted without a jury, | |
as references to the time when, if the trial were conducted with a jury, | |
the jury would be sworn.” | |
Criminal Justice Act 1987 (c.38) | 15 |
45 The Criminal Justice Act 1987 is amended as follows. | |
46 (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— | 20 |
“(2A) The reference in subsection (1) above to the time when the jury are | |
sworn is to be read, in the case of a trial conducted without a jury, as | |
a reference to the time when, if the trial were conducted with a jury, | |
the jury would be sworn.” | |
47 (1) Section 9 (the preparatory hearing) is amended as follows. | 25 |
(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 | |
preparatory hearing shall not be concluded”. | |
48 (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 | 30 |
a jury, the judge”. | |
(3) In subsection (3) for “deciding whether to give leave” there is substituted | |
“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 | 35 |
“Except as provided by this section, in the case of a trial with a jury”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | |
49 The Criminal Justice and Public Order Act 1994 is amended as follows. | |
50 In section 35(2) (effect of accused’s silence at trial) after “indictment” there is | |
inserted “with a jury”. | 40 |
| |
| |
|
| |
| |
51 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) | |
52 The Criminal Procedure and Investigations Act 1996 is amended as follows. | 5 |
53 (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 | 10 |
is to be read, in the case of a trial conducted without a jury, as a | |
reference to the time when, if the trial were conducted with a jury, | |
the jury would be sworn.” | |
54 In section 31(4)(b) (the preparatory hearing) for “the jury” there is | |
substituted “a jury”. | 15 |
55 (1) Section 34 (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 | |
“doing anything under subsection (2) or in deciding whether to do anything | 20 |
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”. | |
56 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”. | 25 |
57 In section 36(2) (appeals to House of Lords) for “no jury shall be sworn” | |
there is substituted “the preparatory hearing shall not be concluded”. | |
58 (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 | 30 |
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— | |
“(4) The references in subsection (3) to the time when a jury is sworn are | 35 |
to be read, in the case of a trial conducted without a jury, as | |
references to the time when, if the trial were conducted with a jury, | |
the jury would be sworn.” | |
Crime and Disorder Act 1998 (c. 37) | |
59 In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 | 40 |
(applications for dismissal) for “a jury properly to convict him” there is | |
substituted “him to be properly convicted”. | |
| |
| |
|
| |
| |
Youth Justice and Criminal Evidence Act 2001 (c. 24) | |
60 The Youth Justice and Criminal Evidence Act 1999 is amended as follows. | |
61 In section 32 (warning to jury) after “indictment” there is inserted “with a | |
jury”. | |
62 In section 39(1) (warning to jury) after “indictment” there is inserted “with a | 5 |
jury”. | |
Anti-terrorism, Crime and Security Act 2001 (c. 24) | |
63 In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security | |
Act 2001 (general interpretation) after “finding” there is inserted “otherwise | |
than in circumstances where the proceedings are continued without a jury”. | 10 |
Proceeds of Crime Act 2002 (c. 29) | |
64 In section 316(9)(c) of the Proceeds of Crime Act 2002 (general | |
interpretation) after “finding” there is inserted “otherwise than in | |
circumstances where the proceedings are continued without a jury”. | |
Part 5 | 15 |
Evidence of bad character | |
Criminal Procedure Act 1865 (c. 18) | |
65 In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for | |
offence may be proved if not admitted)— | |
(a) for “A witness may be” there is substituted “If, upon a witness being | 20 |
lawfully”; | |
(b) the words “and upon being so questioned, if” are omitted. | |
Criminal Evidence Act 1898 (c. 36) | |
66 In section 1 of the Criminal Evidence Act 1898 (defendant as witness)— | |
(a) at the beginning of subsection (2) there is inserted “Subject to section | 25 |
85 of the Criminal Justice Act 2003 (admissibility of evidence of | |
defendant’s bad character),”; | |
(b) subsection (3) is omitted. | |
Police and Criminal Evidence Act 1984 (c. 60) | |
67 In section 74(3) of the Police and Criminal Evidence Act 1984 (proof of | 30 |
defendant’s conviction for offence to prove commission of that offence) the | |
words from “in so far” to “he is charged,” are omitted. | |
| |
| |
|
