Criminal Justice Bill

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House of Commons

Session 2002 - 03
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Criminal Justice Bill

Criminal Justice Bill

[AS AMENDED IN STANDING COMMITTEE B]

Contents
Part 1
Amendments of Police and Criminal Evidence Act 1984
General amendments
      1         Extension of powers to stop and search
      2         Warrants to enter and search
      3         Bail elsewhere than at police station
      4         Use of telephones for review of police detention
      5         Limits on period of detention without charge
      6         Property of detained persons
      7         Codes of practice
      8         Amendments related to this Part
Amendments relating to drugs
      9         Power of arrest for possession of Class C drugs
      10         Drug testing for under-eighteens
Part 2
Bail
      11         Grant and conditions of bail
      12         Offences committed on bail
      13         Appeal to Crown Court
      14         Appeals to High Court
      15         Appeal by prosecution
      16         Drug users: restriction on bail
      17         Interpretation of Part 2
Part 3
Conditional cautions
      18         Conditional cautions
      19         The five requirements

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      20         Failure to comply with conditions
      21         Code of practice
      22         Interpretation of Part 3
Part 4
Charging etc
      23         Charging or release of persons in police detention
      24         New method of instituting proceedings
      25         Further provision about new method
      26         Removal of requirement to substantiate information on oath
Part 5
Disclosure
      27         Initial duty of disclosure by prosecutor
      28         Defence disclosure
      29         Notification of intention to call defence witnesses
      30         Notification of names of experts instructed by defendant
      31         Further provisions about defence disclosure
      32         Continuing duty of disclosure by prosecutor
      33         Application by defence for disclosure
      34         Faults in defence disclosure
Part 6
Allocation and transfer of offences
      35         Allocation of offences triable either way, and sending cases to Crown Court
Part 7
Trials on indictment without a jury
      36         Application by defendant for trial to be conducted without jury
      37         Applications by prosecution for certain complex or lengthy trials to be
conducted without jury
      38         Application by prosecution for trial to be conducted without jury where
danger of jury tampering
      39         Procedure for applications under sections 36 to 38
      40         Discharge of jury because of jury tampering
      41         Appeals
      42         Further provision about trials without a jury
      43         Application of Part 7 to Northern Ireland
Part 8
Live links
      44         Live links in criminal proceedings
      45         Effect of, and rescission of, direction
      46         Magistrates’ courts permitted to sit at other locations

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      47         Warning to jury
      48         Rules of court
      49         Interpretation of Part 8
Part 9
Prosecution appeals
      50         Meaning of “terminating ruling”
      51         Prosecution right of appeal against certain rulings
      52         Appeals against terminating rulings
      53         Appeals against certain other rulings
      54         Expedited and non-expedited appeals
      55         Continuation of proceedings for offences not affected by ruling
      56         Determination of appeal by Court of Appeal
      57         Appeals to the House of Lords
      58         Costs
      59         Effect on time limits in relation to preliminary stages
      60         Restrictions on reporting
      61         Offences in connection with reporting
      62         Interpretation of Part 9
Part 10
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 reporting
      71         Offences in connection with reporting
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

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      77         Bail and custody before hearing
      78         Bail and custody during and after hearing
Part 10: supplementary
      79         Functions of the DPP
      80         Rules of Court
      81         Interpretation of Part 10
Part 11
Evidence
Chapter 1
Evidence of bad character
Introductory
      82         “Bad character”
      83         Abolition of common law rules
Persons other than defendants
      84         Non-defendant’s bad character
Defendants
      85         Defendant’s bad character
      86         “Important explanatory evidence”
      87         Offences “of the same description” or “of the same category”
      88         “Matter in issue between the defendant and the prosecution”
      89         “Matter in issue between the defendant and a co-defendant”
      90         “Evidence to correct a false impression”
      91         “Attack on another person’s character”
      92         Stopping the case where evidence contaminated
      93         Offences committed by defendant when a child
General
      94         Assumption of truth in assessment of relevance or probative value
      95         Court’s duty to give reasons for rulings
      96         Rules of court
      97         Interpretation of Chapter 1
      98         Armed forces
Chapter 2
Hearsay evidence
Hearsay: main provisions
      99         Admissibility of hearsay evidence
      100         Statements and matters stated

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Principal categories of admissibility
      101         Cases where a witness is unavailable
      102         Business and other documents
      103         Preservation of certain common law categories of admissibility
      104         Inconsistent statements
      105         Other previous statements of witnesses
Supplementary
      106         Multiple hearsay
      107         Documents produced as exhibits
      108         Capability to make statement
      109         Credibility
      110         Stopping the case where evidence is unconvincing
      111         Court’s general discretion to exclude evidence
Miscellaneous
      112         Expert evidence: preparatory work
      113         Confessions
      114         Representations other than by a person
      115         Depositions
      116         Evidence at retrial
General
      117         Rules of court
      118         Proof of statements in documents
      119         Interpretation of Chapter 2
      120         Armed forces
      121         Repeals etc
Chapter 3
Miscellaneous and supplemental
      122         Evidence by video recording
      123         Video evidence: further provisions
      124         Use of documents to refresh memory
      125         Interpretation of Chapter 3
      126         Saving
Part 12
Sentencing
Chapter 1
General provisions about sentencing
Matters to be taken into account in sentencing
      127         Purposes of sentencing
      128         Determining the seriousness of an offence

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      129         Reduction in sentences for guilty pleas
      130         Increase in sentences for racial or religious aggravation
General restrictions on community sentences
      131         Meaning of “community sentence” etc.
      132         Restrictions on imposing community sentences
      133         Passing of community sentence on offender remanded in custody
      134         Community sentence not available where sentence fixed by law etc.
      135         Community order for persistent offender previously fined
General restrictions on discretionary custodial sentences
      136         General restrictions on imposing discretionary custodial sentences
      137         Length of discretionary custodial sentences: general provision
General limit on magistrates’ court’s power to impose imprisonment
      138         General limit on magistrates’ court’s power to impose imprisonment
      139         Consecutive terms of imprisonment
      140         Power to increase limits
Procedural requirements for imposing community sentences and discretionary custodial
sentences
      141         Pre-sentence reports and other requirements
      142         Additional requirements in case of mentally disordered offender
      143         Meaning of “pre-sentence report”
Disclosure of pre-sentence reports etc
      144         Disclosure of pre-sentence reports
      145         Other reports of local probation boards and members of youth offending
teams
Pre-sentence drug testing
      146         Pre-sentence drug testing
Fines
      147         Powers to order statement as to offender’s financial circumstances
      148         General power of Crown Court to fine offender convicted on indictment
      149         Fixing of fines
      150         Remission of fines
Savings for power to mitigate etc
      151         Savings for powers to mitigate sentences and deal appropriately with
mentally disordered offenders
Sentencing and allocation guidelines
      152         The Sentencing Guidelines Council

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      153         The Sentencing Advisory Panel
      154         Guidelines relating to sentencing and allocation
      155         Functions of Sentencing Advisory Panel in relation to guidelines
      156         Duty of court to have regard to sentencing guidelines
      157         Annual report by Council
Duty of court to explain sentence
      158         Duty to give reasons for, and explain effect of, sentence
Publication of information by Secretary of State
      159         Duty to publish information about sentencing
Supplementary
      160         Interpretation of Chapter 1
Chapter 2
Community orders: offenders aged 16 or over
      161         Community orders
      162         Power to provide for court review of community orders
      163         Breach, revocation or amendment of community order
      164         Transfer of community orders to Scotland or Northern Ireland
Chapter 3
Prison sentences of less than 12 months
Prison sentences of less than twelve months
      165         Prison sentences of less than 12 months
      166         Licence conditions
Intermittent custody
      167         Intermittent custody
      168         Restrictions on power to make intermittent custody order
      169         Intermittent custody: licence conditions
      170         Further provisions relating to intermittent custody
Revocation or amendment of order
      171         Revocation or amendment of order
Suspended sentences
      172         Suspended sentences of imprisonment
      173         Imposition of requirements by suspended sentence order
      174         Power to provide for review of suspended sentence order
      175         Periodic reviews of suspended sentence order

© Parliamentary copyright 2003
Revised 6 March 2003