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81 Bail and custody before application | |
(1) In relation to a person charged in accordance with section 80(4)— | |
(a) section 38 of the 1984 Act (including any provision of that section as | |
applied by section 40(10) of that Act) has effect as if, in subsection (1), | |
for “either on bail or without bail” there were substituted “on bail”, | 5 |
(b) section 47(3) of that Act does not apply and references in section 38 of | |
that Act to bail are references to bail subject to a duty to appear before | |
the Crown Court at such place as the custody officer may appoint and | |
at such time, not later than 24 hours after the person is released, as that | |
officer may appoint, and | 10 |
(c) section 43B of the Magistrates’ Courts Act 1980 (c. 43) does not apply. | |
(2) Where such a person is, after being charged— | |
(a) kept in police detention, or | |
(b) detained by a local authority in pursuance of arrangements made | |
under section 38(6) of the 1984 Act, | 15 |
he 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 section 46 of the 1984 Act | |
does not apply. | |
(3) For the purpose of calculating the period referred to in subsection (1) or (2), the | |
following are to be disregarded— | 20 |
(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 | 25 |
person is to appear before the Crown Court as mentioned in subsection | |
(1) or, where subsection (2) applies, is for the time being detained. | |
(4) Where a person appears or is brought before the Crown Court in accordance | |
with subsection (1) or (2), the Crown Court may either— | |
(a) grant bail for the person to appear, if notice of an application is served | 30 |
on him under section 74(2), before the Court of Appeal at the hearing of | |
that application, or | |
(b) remand the person in custody to be brought before the Crown Court | |
under section 82(2). | |
(5) If the Crown Court grants bail under subsection (4), it may revoke bail and | 35 |
remand the person in custody as referred to in subsection (4)(b). | |
(6) In subsection (7) the “relevant period”, in relation to a person granted bail or | |
remanded in custody under subsection (4), means— | |
(a) the period of 42 days beginning with the day on which he is granted | |
bail or remanded in custody under that subsection, or | 40 |
(b) that period as extended or further extended under subsection (8). | |
(7) If at the end of the relevant period no notice of an application under section | |
70(1) or (2) in relation to the person has been given under section 74(1), the | |
person— | |
(a) if on bail subject to a duty to appear as mentioned in subsection (4)(a), | 45 |
ceases to be subject to that duty and to any conditions of that bail, and | |
(b) if in custody on remand under subsection (4)(b) or (5), must be released | |
immediately without bail. | |
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(8) The Crown Court may, on the application of a prosecutor, extend or further | |
extend the period mentioned in subsection (6)(a) until a specified date, but only | |
if satisfied that— | |
(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. | 5 |
82 Bail and custody before hearing | |
(1) This section applies where notice of an application is given under section 74(1). | |
(2) If the person to whom the application relates is in custody under section | |
81(4)(b) or (5), he must be brought before the Crown Court as soon as | |
practicable and, in any event, within 48 hours after the notice is given. | 10 |
(3) If that person is not in custody under section 81(4)(b) or (5), the Crown Court | |
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, | 15 |
and a warrant under paragraph (b) may be issued at any time even though a | |
summons has previously been issued. | |
(4) Where a summons is issued under subsection (3)(a), the time and place at | |
which the person must appear may be specified either— | |
(a) in the summons, or | 20 |
(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. | |
(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 | 25 |
after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not | |
apply. | |
(7) If a person is brought before the Crown Court under subsection (2) or (6) the | |
court must either— | |
(a) remand him in custody to be brought before the Court of Appeal at the | 30 |
hearing of the application, or | |
(b) grant bail for him to appear before the Court of Appeal at the hearing. | |
(8) If bail is granted under subsection (7)(b), the Crown Court may revoke the bail | |
and remand the person in custody as referred to in subsection (7)(a). | |
(9) For the purpose of calculating the period referred to in subsection (2) or (6), the | 35 |
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 | 40 |
Dealings Act 1971 (c. 80) in the part of the United Kingdom where the | |
person is for the time being detained. | |
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83 Bail and custody during and after hearing | |
(1) The Court of Appeal may, at any adjournment of the hearing of an application | |
under section 70(1) or (2)— | |
(a) remand the person to whom the application relates on bail, or | |
(b) remand him in custody. | 5 |
(2) At a hearing at which the Court of Appeal— | |
(a) makes an order under section 71, | |
(b) makes a declaration under subsection (4) of that section, or | |
(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 | 10 |
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 | |
acquitted person pending trial pursuant to the order or declaration, or pending | |
determination of the appeal. | 15 |
(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; | |
(b) if leave to appeal is granted, until the appeal is disposed of. | |
(4) Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under | 20 |
this section as if in subsection (2) the reference to the Crown Court included a | |
reference to the Court of Appeal. | |
(5) The court may at any time, as it sees fit— | |
(a) revoke bail granted under this section and remand the person in | |
custody, or | 25 |
(b) vary an order under subsection (2). | |
84 Revocation of bail | |
(1) Where— | |
(a) a court revokes a person’s bail under this Part, and | |
(b) that person is not before the court when his bail is revoked, | 30 |
the court must order him to surrender himself forthwith to the custody of the | |
court. | |
(2) Where a person surrenders himself into the custody of the court in compliance | |
with an order under subsection (1), the court must remand him in custody. | |
(3) A person who has been ordered to surrender to custody under subsection (1) | 35 |
may be arrested without a warrant by an officer if he fails without reasonable | |
cause to surrender to custody in accordance with the order. | |
(4) A person arrested under subsection (3) must be brought as soon as practicable, | |
and, in any event, not more than 24 hours after he is arrested, before the court | |
and the court must remand him in custody. | 40 |
(5) For the purpose of calculating the period referred to in subsection (4), the | |
following are to be disregarded— | |
(a) Sunday, | |
(b) Christmas Day, | |
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(c) Good Friday, | |
(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. | |
Part 10: supplementary | 5 |
85 Functions of the DPP | |
(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 78(2)(a). | |
(2) In the absence of the Director of Public Prosecutions, his functions under those | 10 |
provisions may be exercised by a person authorised by him. | |
(3) An authorisation under subsection (2)— | |
(a) may relate to a specified person or to persons of a specified description, | |
and | |
(b) may be general or relate to a specified function or specified | 15 |
circumstances. | |
86 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. | |
(2) Without limiting subsection (1), the Criminal Appeal Rules and the Crown | 20 |
Court Rules may in particular make provision as to procedures to be applied | |
in connection with sections 70 to 75, 77 and 81 to 83. | |
(3) Nothing in this section is to be taken as affecting the generality of any | |
enactment conferring power to make rules of court. | |
87 Armed Forces: Part 10 | 25 |
(1) Section 31 of the Armed Forces Act 2001 (c. 19) (provision in consequence of | |
enactments relating to criminal justice) applies to an enactment contained in | |
this Part so far as relating to matters not specified in subsection (2) of that | |
section as it applies to a criminal justice enactment. | |
(2) The power under that section to make provision equivalent to that made in | 30 |
relation to qualifying offences by an enactment contained in this Part (with or | |
without modifications) includes power to make such provision in relation to | |
such service offences as the Secretary of State thinks fit. | |
(3) In subsection (2) “service offence” means an offence under the Army Act 1955 | |
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval | 35 |
Discipline Act 1957 (c. 53). | |
88 Interpretation of Part 10 | |
(1) In this Part— | |
“the 1979 Act” means the Customs and Excise Management Act 1979 | |
(c. 2), | 40 |
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“the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60), | |
“acquittal” and related expressions are to be read in accordance with | |
section 69(7), | |
“customs and excise officer” means an officer as defined by section 1(1) of | |
the 1979 Act, or a person to whom section 8(2) of that Act applies, | 5 |
“new evidence” is to be read in accordance with section 72(2), | |
“officer” means an officer of a police force or a customs and excise officer, | |
“police force” has the meaning given by section 3(3) of the Prosecution of | |
Offences Act 1985 (c. 23), | |
“prosecutor” means an individual or body charged with duties to conduct | 10 |
criminal prosecutions, | |
“qualifying offence” has the meaning given by section 69(8). | |
(2) Subject to rules of court made under section 53(1) of the Supreme Court Act | |
1981 (c. 54) (power by rules to distribute business of Court of Appeal between | |
its civil and criminal divisions)— | 15 |
(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 | |
references to that division. | |
(3) References in this Part to an officer of a specified rank or above are, in the case | 20 |
of a customs and excise officer, references to an officer of such description as— | |
(a) appears to the Commissioners of Customs and Excise to comprise | |
officers of equivalent rank or above, and | |
(b) is specified by the Commissioners for the purposes of the provision | |
concerned. | 25 |
89 Application of Part 10 to Northern Ireland | |
(1) In its application to Northern Ireland this Part is to have effect subject to the | |
modifications in this section. | |
(2) In sections 69(1)(a) and (b), 70(2)(a), 73(3) and 78(2)(a) for “England and Wales” | |
substitute “Northern Ireland”. | 30 |
(3) For section 69(2)(c) substitute— | |
“(c) in respect of which, in proceedings where he has been found to | |
be unfit to be tried in accordance with Article 49 of the Mental | |
Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a | |
finding has been made that he did the act or made the omission | 35 |
charged against him.” | |
(4) In section 69(8) for “Part 1” substitute “Part 2”. | |
(5) In section 75(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “Criminal | |
Appeal (Northern Ireland) Act 1980 (c. 47)”. | |
(6) In section 75(2)— | 40 |
(a) for “33” substitute “31”, and | |
(b) for “An” substitute “Subject to the provisions of this Part of this Act, | |
an”. | |
(7) In section 75(4)— | |
(a) for “34(2)” substitute “32(2)”, and | 45 |
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(b) for “33(1B)” substitute “31(1B)”. | |
(8) In section 77(1) for “preferred” substitute “presented”. | |
(9) After section 77(6) insert— | |
“(6A) Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) | |
Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is | 5 |
to be tried in accordance with subsection (1) as if— | |
(a) he had been committed for trial for the offence in question, and | |
(b) the reference in paragraph (2)(a) of that Article to a magistrates’ | |
court included a reference to the Court of Appeal.” | |
(10) In section 85(1) for the words from the beginning to “does” substitute “Sections | 10 |
30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do”. | |
(11) Until the coming into force of section 36 of that Act of 2002 the reference to that | |
section in subsection (10) is to be read as a reference to Article 4(8) of the | |
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)). | |
(12) In section 86(2) for “the Criminal Appeal Rules and the Crown Court Rules” | 15 |
substitute “rules under section 55 of the Judicature (Northern Ireland) Act 1978 | |
(c. 23) and Crown Court Rules”. | |
(13) In section 88(1) for the definition of “police force” substitute— | |
““police force” means— | |
(a) the Police Service of Northern Ireland or the Police | 20 |
Service of Northern Ireland Reserve, | |
(b) the Ministry of Defence Police, | |
(c) any body of constables appointed under Article 19 of the | |
Airports (Northern Ireland) Order 1994 (S.I. 1994/426 | |
(N.I. 1)), or | 25 |
(d) any body of special constables appointed in Northern | |
Ireland under section 79 of the Harbours, Docks and | |
Piers Clauses Act 1847 (c. 27) or section 57 of the Civil | |
Aviation Act 1982 (c. 16),”. | |
(14) Omit section 88(2). | 30 |
Part 11 | |
Evidence | |
Chapter 1 | |
Evidence of bad character | |
Introductory | 35 |
90 “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— | |
(a) he has committed an offence, or | |
(b) he has behaved, or is disposed to behave, in a way that, in the opinion | 40 |
of the court, might be viewed with disapproval by a reasonable person. | |
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(2) But references in the Chapter to evidence of a person’s bad character do not | |
apply to evidence which— | |
(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 | 5 |
prosecution of that offence. | |
91 Abolition of common law rules | |
(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 111(1) in so far as it preserves the rule under | 10 |
which in criminal proceedings a person’s reputation is admissible for the | |
purposes of proving his bad character. | |
Persons other than defendants | |
92 Non-defendant’s bad character | |
(1) In criminal proceedings evidence of the bad character of a person other than | 15 |
the defendant is admissible if and only if— | |
(a) it is important explanatory evidence, | |
(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, | 20 |
or | |
(c) all parties to the proceedings agree to the evidence being admissible. | |
(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 | 25 |
properly to understand other evidence in the case, and | |
(b) its value for understanding the case as a whole is substantial. | |
(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)— | 30 |
(a) the nature and number of the events, or other things, to which the | |
evidence relates; | |
(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 | 35 |
(ii) it is suggested that the evidence has probative value by reason | |
of similarity between that misconduct and other alleged | |
misconduct, | |
the nature and extent of the similarities and the dissimilarities between | |
each of the alleged instances of misconduct; | 40 |
(d) where— | |
(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 | |
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