24 Failure to comply with conditions
(1) If the offender fails, without reasonable excuse, to comply with any of the
conditions attached to the conditional caution, criminal proceedings may be
instituted against the person for the offence in question.
(2) The document mentioned in section 23(5) is to be admissible in such
(3) Where such proceedings are instituted, the conditional caution is to cease to
25 Code of practice
(1) The Secretary of State must prepare a code of practice in relation to conditional
(2) The code may, in particular, include provision as to—
(a) the circumstances in which conditional cautions may be given,
(b) the procedure to be followed in connection with the giving of such
(c) the conditions which may be attached to such cautions and the time for
which they may have effect,
(d) the category of constable or investigating officer by whom such
cautions may be given,
(e) the persons who may be authorised by the Director of Public
Prosecutions for the purposes of section 22,
(f) the form which such cautions are to take and the manner in which they
are to be given and recorded,
(g) the places where such cautions may be given, and
(h) the monitoring of compliance with conditions attached to such
(3) After preparing a draft of the code the Secretary of State—
(a) must publish the draft,
(b) must consider any representations made to him about the draft, and
(c) may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney
(4) After the Secretary of State has proceeded under subsection (3) he must lay the
code before each House of Parliament.
(5) When he has done so he may bring the code into force by order.
(6) The Secretary of State may from time to time revise a code of practice brought
into force under this section.
(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised
code as they apply to an original code.
26 Interpretation of Part 3
In this Part—
“authorised person” has the meaning given by section 22(4),
“conditional caution” has the meaning given by section 22(2),
“investigating officer” means a person designated as an investigating
officer under section 38 of the Police Reform Act 2002 (c. 30),
“the offender” has the meaning given by section 22(1).
27 Charging or release of persons in police detention
Schedule 2 (which makes provision in relation to the charging or release of
persons in police detention) shall have effect.
28 New method of instituting proceedings
(1) A public prosecutor may institute criminal proceedings against a person by
issuing a document (a “written charge”) which charges the person with an
(2) Where a public prosecutor issues a written charge, it must at the same time
issue a document (a “requisition”) which requires the person to appear before
a magistrates’ court to answer the written charge.
(3) The written charge and requisition must be served on the person concerned,
and a copy of both must be served on the court named in the requisition.
(4) In consequence of subsections (1) to (3), a public prosecutor is not to have the
power to lay an information for the purpose of obtaining the issue of a
summons under section 1 of the Magistrates’ Courts Act 1980 (c. 43).
(5) In this section “public prosecutor” means—
(a) a police force or a person authorised by a police force to institute
(b) the Director of the Serious Fraud Office or a person authorised by him
to institute criminal proceedings,
(c) the Director of Public Prosecutions or a person authorised by him to
institute criminal proceedings,
(d) the Attorney General or a person authorised by him to institute
(e) a Secretary of State or a person authorised by a Secretary of State to
institute criminal proceedings,
(f) the Commissioners of Inland Revenue or a person authorised by them
to institute criminal proceedings,
(g) the Commissioners of Customs and Excise or a person authorised by
them to institute criminal proceedings, or
(h) a person specified in an order made by the Secretary of State for the
purposes of this section or a person authorised by such a person to
institute criminal proceedings.
(6) In subsection (5) “police force” has the meaning given by section 3(3) of the
Prosecution of Offences Act 1985 (c. 23).
29 Further provision about new method
(1) Rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43) may make—
(a) provision as to the form, content, recording, authentication and service
of written charges or requisitions, and
(b) such other provision in relation to written charges or requisitions as
appears to the Lord Chancellor to be necessary or expedient.
(2) Without limiting subsection (1), the provision which may be made by virtue of
that subsection includes provision—
(a) which applies (with or without modifications), or which disapplies, the
provision of any enactment relating to the service of documents,
(b) for or in connection with the issue of further requisitions.
(3) Nothing in subsection (1) or (2) is to be taken as affecting the generality of
section 144(1) of that Act.
(4) Nothing in section 28 affects—
(a) the power of a public prosecutor to lay an information for the purpose
of obtaining the issue of a warrant under section 1 of the Magistrates’
Courts Act 1980,
(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
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
(b) any reference (however expressed) which is or includes a reference to a
summons under section 1 of the Magistrates’ Courts Act 1980 (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 a
(6) Subsection (5) does not apply to section 1 of the Magistrates’ Courts Act 1980.
(7) 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.
(8) In this section “public prosecutor”, “requisition” and “written charge” have the
same meaning as in section 28.
30 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
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—
“(a) the offence to which the warrant relates is punishable, in the
case of a person who has attained the age of 18, with
31 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
“might reasonably be considered capable of undermining”;
(b) after “against the accused” there is inserted “or of assisting the case for
32 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
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
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
(2) After section 6 of that Act there is inserted—
“6A Contents of defence statement
(1) For the purposes of this Part a defence statement is a written
(a) setting out the nature of the accused’s defence, including any
particular defences on which he intends to rely,
(b) indicating the matters of fact on which he takes issue with the
(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
admissibility of evidence or an abuse of process) which he
wishes to take, and any authority on which he intends to rely for
(2) A defence statement that discloses an alibi must give particulars of it,
(a) the name, address and date of birth of any witness the accused
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
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
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.”
(3) After section 6A of that Act (inserted by subsection (2) above) there is
“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 either—
(a) a defence statement under this section (an “updated defence
(b) a statement of the kind mentioned in subsection (4).
(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) Instead of an updated defence statement, the accused may give a
written statement stating that he has no changes to make to the defence
statement which was given under section 5 or 6.
(5) Where there are other accused in the proceedings and the court so
orders, the accused must also give either an updated defence statement
or a statement of the kind mentioned in subsection (4), within such
period as may be specified by the court, to each other accused so
(6) The court may make an order under subsection (5) either of its own
motion or on the application of any party.”