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House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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“4A
General requirements for service of written charge or requisition

(1)
This section applies to the following documents issued for the

purposes of criminal proceedings in England and Wales by a

prosecutor—

(a)
a written charge (within the meaning of section 28 of the

Criminal Justice Act 2003),

(b)
a requisition (within the meaning of that section).

(2)
The written charge or requisition may be issued in spite of the

fact that the person on whom it is to be served is outside the

United Kingdom.

(3)
Where the written charge or requisition is to be served outside

the United Kingdom and the prosecutor believes that the person

on whom it is to be served does not understand English, the

written charge or requisition must be accompanied by a

translation of it in an appropriate language.

(4)
A written charge or requisition served outside the United

Kingdom must be accompanied by a notice giving any

information required to be given by rules of court.

(5)
If a requisition is served outside the United Kingdom, no

obligation under the law of England and Wales to comply with

the requisition is imposed by virtue of the service.

(6)
Accordingly, failure to comply with the requisition is not a

ground for issuing a warrant to secure the attendance of the

person in question.

(7)
But the requisition may subsequently be served on the person in

question in the United Kingdom (with the usual consequences

for non-compliance).

4B
Service of written charge or requisition otherwise than by post

(1)
A written charge or requisition to which section 4A applies may,

instead of being served by post, be served on a person outside the

United Kingdom in accordance with arrangements made by the

Secretary of State.

(2)
But where the person is in a participating country, the written

charge or requisition may be served in accordance with those

arrangements only if one of the following conditions is met.

(3)
The conditions are—

(a)
that the correct address of the person is unknown,

(b)
that it has not been possible to serve the written charge or

requisition by post,

(c)
that there are good reasons for thinking that service by

post will not be effective or is inappropriate.””
451
Page 355, line 17, leave out from beginning to “the” in line 18 and insert—

     “(1)
Section 74 of the Police and Criminal Evidence Act 1984 (conviction as

evidence of commission of offence) is amended as follows.

      (2)
In subsection (1) (commission of offence by non-defendant) for the

words from “, where to do so” to “committed that offence” there is

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substituted “that that person committed that offence, where evidence of

his having done so is admissible”.

      (3)
In subsection (3) (commission of offence by defendant)”
452
Page 355, line 23, at end insert—

“86A
In section 31(1) (powers of Court of Appeal exercisable by single judge)

after paragraph (a) there is inserted—

“(aa)
the power to give leave under section 14(4B) of the

Criminal Appeal Act 1995;”.

86B
In section 31A (powers of Court of Appeal exercisable by registrar) after

subsection (4) there is inserted—

“(5)
In this section “respondent” includes a person who will be a

respondent if leave to appeal is granted.””
453
Page 355, line 24, leave out “45(1)” and insert “45”
454
Page 355, line 24, after “Appeal)” insert—

“(a)
in subsection (1),”
455
Page 355, line 25, at end insert—

“(b)
in subsection (2) after “sections” there is inserted “23A,”.”
456
Page 357, line 8, at end insert—

“92A
In section 45 (powers of Court of Appeal exercisable by single judge)

after subsection (3B) there is inserted—

“(3C)
Subject to section 44(4) above, the power of the Court of Appeal

to give leave under section 14(4B) of the Criminal Appeal Act

1995 may be exercised by a single judge of the Court.”

Criminal Justice Act 1988 (c. 33)

92B
In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—

(a)
in subsection (3), for “10” there is substituted “11”,

(b)
in subsection (9)(b), for “10 and 35(1)” there is substituted “11 and

35(1)”.

Criminal Appeal Act 1995 (c. 35)

92C
In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by

Criminal Cases Review Commission for Court of Appeal) for “case”, in

both places where it occurs, there is substituted “appeal or application

for leave to appeal”.”
Schedule 31
457
Page 357, column 2, leave out lines 21 to 24 and insert—

“In section 54(1), the words “and record or cause

to be recorded”.”

458
Page 359, line 7, at end insert—

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“Part 3A

Allocation and sending of offences

Short title and chapter
Extent of repeal

Bankers’ Books Evidence Act
In section 4, the paragraph beginning “Where

1879 (c. 11)
the proceedings”.

In section 5, the paragraph beginning “Where

the proceedings”.

Explosive Substances Act 1883
Section 6(3).

(c. 3)

Criminal Justice Act 1925 (c. 86)
Section 49(2).

Administration of Justice
In section 2(2), paragraphs (aa) to (ac),

(Miscellaneous Provisions)
paragraphs (iA) and (iB), and the words from

Act 1933 (c. 36)
“and in paragraph (iA)” to the end.

Criminal Justice Act 1948 (c. 58)
Section 41(5A).

In section 80, the definition of “Court of

summary jurisdiction”.

Backing of Warrants (Republic
In the Schedule, in paragraph 4, the words “and

of Ireland) Act 1965 (c. 45)
section 2 of the Poor Prisoners Defence Act

1930 (legal aid before examining justices)”.

Criminal Procedure
Section 2(5).

(Attendance of Witnesses)

Act 1965 (c. 69)

Criminal Justice Act 1967 (c. 80)
In section 9(1), the words “, other than

committal proceedings”.

In section 36(1), the definition of “committal

proceedings”.

Criminal Appeal Act 1968
In section 9(2), the words from “section 41” to

(c. 19)
“either way offence”.

Firearms Act 1968 (c. 27)
In Schedule 6, in Part 2, paragraph 3.

Theft Act 1968 (c. 60)
Section 27(4A).

Criminal Justice Act 1972 (c. 71)
In section 46, subsections (1A) to (1C).

Bail Act 1976 (c. 63)
In section 3, subsections (8A) and (8B), and the

subsection (10) inserted by paragraph 12(b) of

Schedule 9 to the Criminal Justice and Public

Order Act 1994 (c. 33).

Section 5(6A)(a)(i).

Criminal Law Act 1977 (c. 45)
In Schedule 12, the entry relating to the

Firearms Act 1968 (c. 27).

Interpretation Act 1978 (c. 30)
In Schedule 1, in the definition of “Committed

for trial”, paragraph (a).

Customs and Excise
Section 147(2).

Management Act 1979 (c. 2)

Magistrates’ Courts Act 1980
Sections 4 to 8, and the cross-heading preceding

(c. 43)
section 4.

In section 8B(6)(a), the words “commits or”.

Section 24(1A) and (2).

In section 25, subsections (3) to (8).

In section 33(1), paragraph (b) and the word

“and” immediately preceding it.

Section 42.

Section 97A.

Section 103.

Section 106.

In section 128, in subsection (1)(b), the words

“inquiring into or”, and in each of subsections

(1A)(a), (3A), (3C)(a) and (3E)(a), the word

“5,”.

In section 130(1), the word “5,”.

Section 145(1)(f).

In section 150(1), the definition of “committal

proceedings”.

In section 155(2)(a), the words “8 (except

subsection (9))”.

In Schedule 3, paragraph 2(a).

In Schedule 5, paragraph 2.

In Schedule 7, paragraph 73.

Criminal Justice (Amendment)
The whole Act.

Act 1981 (c. 27)

Criminal Attempts Act 1981
In section 2(2)(g), the words “or committed for

(c. 47)
trial”.

Contempt of Court Act 1981
Section 4(4).

(c. 49)

Supreme Court Act 1981 (c. 54)
Section 76(5).

Section 77(4).

In section 81—

(a) in subsection (1)(a), the words “who has been

committed in custody for appearance before

the Crown Court or in relation to whose case

a notice of transfer has been given under a

relevant transfer provision or”,

(b) subsection (1)(g)(i),

(c) subsection (7).

Criminal Justice Act 1982 (c. 48)
Section 61.

In Schedule 9, paragraph 1(a).

Mental Health Act 1983 (c. 20)
In section 52(7)(b), the words “where the court

proceeds under subsection (1) of that

section,”.

Police and Criminal Evidence
Section 62(10)(a)(i).

Act 1984 (c. 60)
In section 71, the paragraph beginning “Where

the proceedings”.

Section 76(9).

Section 78(3).

Prosecution of Offences Act
In section 16, subsections (1)(b), (2)(aa) and (12).

1985 (c. 23)
In section 23A(1)(b), the words from “under” to

“1998”.

In Schedule 1, paragraphs 2 and 3.

Criminal Justice Act 1987 (c. 38)
Sections 4 to 6.

In section 11—

(a) subsection (2)(a),

(b) subsection (3),

(c) in subsection (7), the word “(3),”,

(d) in subsection (8), the word “(3),”,

(e) subsections (9) and (10),

(f) in subsection (11), paragraphs (a) and (d).

In Schedule 2, paragraphs 1, 9 and 14.

Criminal Justice Act 1988 (c. 33)
Section 23(5).

Section 24(5).

In section 26, the paragraph beginning “This

section shall not apply”.

In section 27, the paragraph beginning “This

section shall not apply”.

Section 30(4A).

Section 33.

In section 40(1), the words “were disclosed to a

magistrates’ court inquiring into the offence

as examining justices or”.

Section 41.

Section 144.

In Schedule 15, paragraphs 10, 66 and 104.

Road Traffic Offenders Act 1988
Section 11(3A).

(c. 53)
Section 13(7).

Section 16(6A).

Section 20(8A).

Courts and Legal Services Act
In Schedule 18, paragraph 25(5).

1990 (c. 41)

Broadcasting Act 1990 (c. 42)
In Schedule 20, paragraph 29(1).

Criminal Justice Act 1991 (c. 53)
Section 53.

Section 55(1).

Schedule 6.

In Schedule 11, paragraph 25.

Criminal Justice and Public
Section 34(2)(a).

Order Act 1994 (c. 33)
Section 36(2)(a).

Section 37(2)(a).

In Schedule 9, paragraphs 12, 17(c), 18(d), 25, 27,

29 and 49.

In Schedule 10, paragraphs 40 and 71.

Criminal Procedure and
In section 1(2), paragraphs (a) to (c) and, in

Investigations Act 1996 (c. 25)
paragraph (cc), the words from “under” to the

end.

In section 5, subsections (2) and (3).

In section 13(1), paragraphs (a) to (c) of the

modified section 3(8).

Section 28(1)(b).

Section 44(3).

Section 45.

Section 49(4).

Section 68.

In Schedule 1, paragraphs 2 to 5, 8, 10, 12, 13, 15

to 19, 22(3), 24 to 26, 28 to 32, and 34 to 38.

Schedule 2.

Sexual Offences (Protected
Section 9(1).

Material) Act 1997 (c. 39)

Crime and Disorder Act 1998
Section 47(6).

(c. 37)
In section 50(1), the words “unless the accused

falls to be dealt with under section 51 below”.

In Schedule 3, in paragraph 2, sub-paragraphs

(4) and (5), paragraph 12, and in paragraph

13(2), the words from “unless” to the end.

In Schedule 8, paragraphs 8, 37, 40, 65 and 93.

Access to Justice Act 1999 (c. 22)
Section 67(3).

In Schedule 4, paragraphs 16, 39 and 47.

In Schedule 13, paragraphs 96, 111 and 137.

Youth Justice and Criminal
Section 27(10).

Evidence Act 1999 (c. 23)
In section 42(3), paragraphs (a) and (b).

Powers of Criminal Courts
In section 89(2)(b), the words “trial or”.

(Sentencing) Act 2000 (c. 6)
In section 140(1)(b), the words “was committed

to the Crown Court to be tried or dealt with

or by which he”.

In Schedule 9, paragraphs 62, 63, 64(2), 65, 91

and 201.

In Schedule 11, paragraph 9.”

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