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(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 | |
to him is sufficient for the case to be referred to a prosecutor to consider | 5 |
whether consent should be sought for an application in respect of that person | |
under section 64. | |
(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 | |
at that police station of the rank of superintendent or above any evidence | 10 |
which it appears to him may be relevant to an application under section 64(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 | |
(b) if later, after he forms that view. | 15 |
76 Bail and custody before application | |
(1) A person charged with an offence in accordance with section 75(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 | |
Criminal Evidence Act 1984 do not apply. | 20 |
(2) For the purpose of calculating the period referred to in subsection (1), the | |
following are to be disregarded— | |
(a) Sunday, | |
(b) Christmas Day, | |
(c) Good Friday, and | 25 |
(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— | |
(a) grant bail, with such conditions as it sees fit, for the person to appear | 30 |
before the Crown Court if notice of an application is served on him | |
under section 68(2), or | |
(b) remand the person in custody to be brought before the Crown Court | |
under section 77(2). | |
(4) Subsection (3) is subject to section 4 of the Bail Act 1976 (c. 63) and section 25 of | 35 |
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 | |
subsection (3)(b). | 40 |
(6) If— | |
(a) a person is remanded in custody under subsection (3)(b) or (5)(b), and | |
(b) notice of an application under section 64(1) or (2) in relation to him is | |
not given under section 68(1) within 42 days beginning with the date | |
when he is remanded in custody, or within that period as extended or | 45 |
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 68(2). | |
(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— | 5 |
(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 | |
vary the conditions of bail. | |
77 Bail and custody before hearing | 10 |
(1) This section applies where notice of an application is given under section 68(1). | |
(2) If the person to whom the application relates is in custody under section | |
76(3)(b) or (5)(b), he must be brought before the Crown Court as soon as | |
practicable and, in any event, within 48 hours after the notice is given. | |
(3) If that person is not in custody under section 76(3)(b) or (5)(b), the Crown Court | 15 |
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 | |
(b) issue a warrant for the person’s arrest. | |
(4) Where a summons is issued under subsection (3)(a), the time and place at | 20 |
which the person must appear may be specified either— | |
(a) in the summons, or | |
(b) in a subsequent direction of the Crown Court. | |
(5) The time or place specified may be varied from time to time by a direction of | |
the Crown Court. | 25 |
(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. | |
(7) If a person is brought before the Crown Court under subsection (2) or (6) or | |
appears before it pursuant to bail under section 76(3)(a) or (6), the court must | 30 |
either— | |
(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. | 35 |
(8) Subsection (7) 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). | |
(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 | 40 |
subsection (7)(a), or | |
(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, | |
(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 | 5 |
person is for the time being detained. | |
78 Bail and custody during and after hearing | |
(1) The Court of Appeal may, at any adjournment of the hearing of an application | |
under section 64(1) or (2)— | |
(a) remand the person to whom the application relates on bail, with such | 10 |
conditions as it sees fit, or | |
(b) remand him in custody. | |
(2) At a hearing at which the Court of Appeal— | |
(a) makes an order under section 65, | |
(b) makes a declaration under subsection (4) of that section, or | 15 |
(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 | |
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 | 20 |
acquitted person pending trial pursuant to the order or declaration, or pending | |
determination of the appeal. | |
(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; | 25 |
(b) if leave to appeal is granted, until the appeal is disposed of. | |
(4) The court may at any time, as it sees fit— | |
(a) revoke bail granted under this section and remand the person in | |
custody, | |
(b) vary the conditions of bail granted under subsection (1), or | 30 |
(c) vary an order under subsection (2). | |
(5) Subsections (1) and (2) are 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). | |
Part 10: supplementary | |
79 Functions of the DPP | 35 |
(1) Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions | |
exercisable by Crown Prosecutor) does not apply to the provisions of this Part | |
other than section 73(2)(a). | |
(2) In the absence of the Director of Public Prosecutions, his functions under those | |
provisions may be exercised by a person authorised by him. | 40 |
(3) An authorisation under subsection (2)— | |
(a) may relate to a specified person or to persons of a specified description, | |
and | |
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(b) may be general or relate to a specified function or specified | |
circumstances. | |
80 Rules of Court | |
(1) Rules of court may make such provision as appears to the authority making | |
them to be necessary or expedient for the purposes of this Part. | 5 |
(2) Without limiting subsection (1), the Criminal Appeal Rules and the Crown | |
Court Rules may in particular make provision as to procedures to be applied | |
in connection with sections 64 to 69, 72 and 76 to 78. | |
(3) Nothing in this section is to be taken as affecting the generality of any | |
enactment conferring power to make rules of court. | 10 |
81 Interpretation of Part 10 | |
(1) In this Part— | |
“acquittal” and related expressions are to be read in accordance with | |
section 63(7), | |
“new evidence” is to be read in accordance with section 66(2), | 15 |
“officer”, subject to section 71(6), means an officer of a police force, | |
“police force” has the meaning given by section 3(3) of the Prosecution of | |
Offences Act 1985 (c. 23), | |
“programme service” has the meaning given by section 70(7), | |
“prosecutor” means an individual or body charged with duties to conduct | 20 |
criminal prosecutions, | |
“publication” has the meaning given by section 70(7), | |
“qualifying offence” has the meaning given by section 63(8), | |
“relevant programme” has the meaning given by section 70(7). | |
(2) Subject to rules of court made under section 53(1) of the Supreme Court Act | 25 |
1981 (c. 54) (power by rules to distribute business of Court of Appeal between | |
its civil and criminal divisions)— | |
(a) the jurisdiction of the Court of Appeal under this Part is to be exercised | |
by the criminal division of that court, and | |
(b) references in this Part to the Court of Appeal are to be construed as | 30 |
references to that division. | |
Part 11 | |
Evidence | |
Chapter 1 | |
Evidence of bad character | 35 |
Introductory | |
82 “Bad character” | |
(1) For the purposes of this Chapter, evidence of a person’s bad character is | |
evidence which shows or tends to show that— | |
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(a) he has committed an offence, or | |
(b) he has behaved, or is disposed to behave, in a way that, in the opinion | |
of the court, might be viewed with disapproval by a reasonable person. | |
(2) But references in the Chapter to evidence of a person’s bad character do not | |
apply to evidence which— | 5 |
(a) has to do with the alleged facts of the offence with which the defendant | |
is charged, or | |
(b) is evidence of misconduct in connection with the investigation or | |
prosecution of that offence. | |
83 Abolition of common law rules | 10 |
(1) The common law rules governing the admissibility of evidence of bad | |
character in criminal proceedings are abolished. | |
(2) Subsection (1) is subject to section 103(1) in so far as it preserves the rule under | |
which in criminal proceedings a person’s reputation is admissible for the | |
purposes of proving his bad character. | 15 |
Persons other than defendants | |
84 Non-defendant’s bad character | |
(1) In criminal proceedings evidence of the bad character of a person other than | |
the defendant is admissible if and only if— | |
(a) it is important explanatory evidence, | 20 |
(b) it has substantial probative value in relation to a matter which— | |
(i) is a matter in issue in the proceedings, and | |
(ii) is of substantial importance in the context of the case as a whole, | |
or | |
(c) all parties to the proceedings agree to the evidence being admissible. | 25 |
(2) For the purposes of subsection (1)(a) evidence is important explanatory | |
evidence if— | |
(a) without it, the court or jury would find it impossible or difficult | |
properly to understand other evidence in the case, and | |
(b) its value for understanding the case as a whole is substantial. | 30 |
(3) In assessing the probative value of evidence for the purposes of subsection | |
(1)(b) the court must have regard to the following factors (and to any others it | |
considers relevant)— | |
(a) the nature and number of the events, or other things, to which the | |
evidence relates; | 35 |
(b) when those events or things are alleged to have happened or existed; | |
(c) where— | |
(i) the evidence is evidence of a person’s misconduct, and | |
(ii) it is suggested that the evidence has probative value by reason | |
of similarity between that misconduct and other alleged | 40 |
misconduct, | |
the nature and extent of the similarities and the dissimilarities between | |
each of the alleged instances of misconduct; | |
(d) where— | |
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| |
(i) the evidence is evidence of a person’s misconduct, | |
(ii) it is suggested that that person is also responsible for the | |
misconduct charged, and | |
(iii) the identity of the person responsible for the misconduct | |
charged is disputed, | 5 |
the extent to which the evidence shows or tends to show that the same | |
person was responsible each time. | |
(4) Except where subsection (1)(c) applies, evidence of the bad character of a | |
person other than the defendant must not be given without leave of the court. | |
Defendants | 10 |
85 Defendant’s bad character | |
(1) In criminal proceedings evidence of the defendant’s bad character is | |
admissible if, but only if— | |
(a) all parties to the proceedings agree to the evidence being admissible, | |
(b) the evidence is adduced by the defendant himself or is given in answer | 15 |
to a question asked by him in cross-examination and intended to elicit | |
it, | |
(c) it is important explanatory evidence, | |
(d) it is evidence of the defendant’s conviction for an offence of the same | |
description, or of the same category, as the one with which he is | 20 |
charged, | |
(e) it is relevant to an important matter in issue between the defendant and | |
the prosecution, | |
(f) it has substantial probative value in relation to an important matter in | |
issue between the defendant and a co-defendant, | 25 |
(g) it is evidence to correct a false impression given by the defendant, or | |
(h) the defendant has made an attack on another person’s character. | |
(2) Sections 86 to 91 contain provision supplementing subsection (1). | |
(3) The court must not admit evidence under subsection (1)(d), (e) or (h) if, on an | |
application by the defendant to exclude it, it appears to the court that the | 30 |
admission of the evidence would have such an adverse effect on the fairness of | |
the proceedings that the court ought not to admit it. | |
(4) On an application to exclude evidence under subsection (3) the court must | |
have regard, in particular, to the length of time between the matters to which | |
that evidence relates and the matters which form the subject of the offence | 35 |
charged. | |
(5) Nothing in this Chapter affects the exclusion of evidence on grounds other | |
than the fact that it is evidence of the defendant’s bad character. | |
86 “Important explanatory evidence” | |
For the purposes of section 85(1)(c) evidence is important explanatory evidence | 40 |
if— | |
(a) without it, the court or jury would find it impossible or difficult | |
properly to understand other evidence in the case, and | |
(b) its value for understanding the case as a whole is substantial. | |
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