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Criminal Justice Bill


Criminal Justice Bill
Part 10 — Retrial for serious offences

    42

 

 69    Restrictions on reporting

     (1)    Where notice of an application has been given under section 67(1), no

publication shall, except as provided by this section, include a report of any of

the matters within subsection (2).

     (2)    Those matters are—

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           (a)           the application, and

           (b)           anything done in connection with the application under this Part or

Part 2 of the Criminal Appeal Act 1968 (c. 19) or under rules of court.

     (3)    An order that subsection (1) is not to apply to a report, or is not to apply to a

specified extent to a report, may be made—

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           (a)           by the House of Lords, in the case of a report of an appeal to that House,

or of an application to that House for leave to appeal;

           (b)           by the Court of Appeal, in any other case.

     (4)    If the acquitted person objects to the making of an order under subsection (3)—

           (a)           the House of Lords or Court of Appeal are to make the order if (and

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only if) satisfied, after hearing that person’s representations, that it is in

the interests of justice to do so, and

           (b)           the order (if made) is not to apply to the extent that a report deals with

any such objection or representations.

     (5)    Subsection (1) does not apply to the inclusion in a publication of a report of, or

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of anything done in connection with, an application—

           (a)           at a time when there is no longer any step that could be taken which

would lead to the acquitted person being tried pursuant to an order

made on the application, or

           (b)           if he is tried pursuant to such an order, after the conclusion of the trial.

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     (6)    Nothing in this section affects any prohibition or restriction by virtue of any

other enactment on the inclusion of any matter in a publication.

     (7)    In this section—

                    “programme service” has the same meaning as in the Broadcasting Act

1990 (c. 42),

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                    “publication” includes any speech, writing, relevant programme or other

communication in whatever form, which is addressed to the public at

large or any section of the public (and for this purpose every relevant

programme is to be taken to be so addressed), but does not include an

indictment or other document prepared for use in particular legal

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proceedings,

                    “relevant programme” means a programme included in a programme

service.

 70    Offences in connection with reporting

     (1)    This section applies if a publication includes a report in contravention of

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section 69.

     (2)    Where the publication is a newspaper or periodical, any proprietor, editor or

publisher of the newspaper or periodical is guilty of an offence.

     (3)    Where the publication is a relevant programme—

 

 

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Part 10 — Retrial for serious offences

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           (a)           any body corporate or Scottish partnership engaged in providing the

programme service in which the programme is included, and

           (b)           any person having functions in relation to the programme

corresponding to those of an editor of a newspaper,

            is guilty of an offence.

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     (4)    In the case of any other publication, any person publishing it is guilty of an

offence.

     (5)    If an offence under this section committed by a body corporate is proved—

           (a)           to have been committed with the consent or connivance of, or

           (b)           to be attributable to any neglect on the part of,

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            an officer, the officer as well as the body corporate is guilty of the offence and

liable to be proceeded against and punished accordingly.

     (6)    In subsection (5), “officer” means a director, manager, secretary or other similar

officer of the body, or a person purporting to act in any such capacity.

     (7)    If the affairs of a body corporate are managed by its members, “director” in

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subsection (6) means a member of that body.

     (8)    Where an offence under this section is committed by a Scottish partnership and

is proved to have been committed with the consent or connivance of a partner,

he as well as the partnership shall be guilty of the offence and shall be liable to

be proceeded against and punished accordingly.

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     (9)    A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

     (10)   Proceedings for an offence under this section may not be instituted—

           (a)           in England and Wales otherwise than by or with the consent of the

Attorney General, or

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           (b)           in Northern Ireland otherwise than by or with the consent of the

Attorney General for Northern Ireland.

Retrial

 71    Retrial

     (1)    Where a person—

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           (a)           is tried pursuant to an order under section 64(1), or

           (b)           is tried on indictment pursuant to an order under section 64(3),

            the trial must be on an indictment preferred by direction of the Court of

Appeal.

     (2)    After the end of 2 months after the date of the order, the person may not be

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arraigned on an indictment preferred in pursuance of such a direction unless

the Court of Appeal gives leave.

     (3)    The Court of Appeal must not give leave unless satisfied that—

           (a)           the prosecutor has acted with due expedition, and

           (b)           there is a good and sufficient cause for trial despite the lapse of time

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since the order under section 64.

     (4)    Where the person may not be arraigned without leave, he may apply to the

Court of Appeal to set aside the order and—

 

 

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Part 10 — Retrial for serious offences

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           (a)           for any direction required for restoring an earlier judgment and verdict

of acquittal of the qualifying offence, or

           (b)           in the case of a person acquitted elsewhere than in England and Wales

or Scotland, for a declaration to the effect that the acquittal is a bar to

his being tried for the qualifying offence.

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     (5)    An indictment under subsection (1) may relate to more than one offence, or

more than one person, and may relate to an offence which, or a person who, is

not the subject of an order or declaration under section 64.

     (6)    Evidence given at a trial pursuant to an order under section 64(1) or (3) must

be given orally if it was given orally at the original trial, unless—

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           (a)           section 100 applies, or

           (b)           the witness is unavailable to give evidence, otherwise than as

mentioned in subsection (2) of that section, and section 98(1)(d) applies.

     (7)    At a trial pursuant to an order under section 64(1), paragraph 5 of Schedule 3

to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply

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to a deposition read as evidence at the original trial.

Investigations

 72    Authorisation of investigations

     (1)    This section applies to the investigation of the commission of a qualifying

offence by a person—

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           (a)           acquitted in England and Wales of the qualifying offence, or

           (b)           acquitted elsewhere than in England and Wales or Scotland of an

offence the commission of which as alleged would have amounted to

or included the commission in the United Kingdom of the qualifying

offence.

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     (2)    Subject to section 73, an officer may not do anything within subsection (3) for

the purposes of such an investigation unless the Director of Public

Prosecutions—

           (a)           has certified that in his opinion the acquittal would not be a bar to the

trial of the acquitted person in England and Wales for the qualifying

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offence, or

           (b)           has given his written consent to the investigation (whether before or

after the start of the investigation).

     (3)    The officer may not, either with or without the consent of the acquitted

person—

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           (a)           arrest or question him,

           (b)           search him or premises owned or occupied by him,

           (c)           search a vehicle owned by him or anything in or on such a vehicle,

           (d)           seize anything in his possession, or

           (e)           take his fingerprints or take a sample from him.

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     (4)    The Director of Public Prosecutions may only give his consent on a written

application, and such an application may be made only by—

           (a)           an officer of the metropolitan police force or the City of London police

force of the rank of commander or above, or

 

 

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Part 10 — Retrial for serious offences

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           (b)           an officer of any other police force of the rank of assistant chief

constable or above.

     (5)    An officer may make an application under subsection (4) only if—

           (a)           new evidence which would be relevant to an application under section

63(1) or (2) in respect of the qualifying offence is available or known to

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the officer, or

           (b)           the officer has reasonable grounds for believing that such new evidence

is likely to become available or known to him as a result of the

investigation.

     (6)    The Director of Public Prosecutions may not give his consent unless satisfied

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that—

           (a)           there is, or there is likely as a result of the investigation to be, sufficient

new evidence to warrant the conduct of the investigation, and

           (b)           it is in the public interest for the investigation to proceed.

     (7)    In giving his consent, the Director of Public Prosecutions may recommend that

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the investigation be conducted otherwise than by officers of a specified police

force.

 73    Urgent investigative steps

     (1)    Section 72 does not prevent an officer from taking any action for the purposes

of an investigation at a time when each of the following conditions is met.

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     (2)    The first condition is that the investigation is authorised by an officer of the

rank of superintendent or above.

     (3)    Such an authorisation may be given before or after the start of the

investigation.

     (4)    The second condition is that—

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           (a)           new evidence which would be relevant to an application under section

63(1) or (2) in respect of the qualifying offence to which the

investigation relates is available or known to the officer authorising the

investigation, or

           (b)           that officer has reasonable grounds for believing that such new

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evidence is likely as a result of the investigation to become available or

known to him.

     (5)    The third condition is that the action is necessary as a matter of urgency—

           (a)           to prevent the investigation being substantially and irrevocably

prejudiced, or

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           (b)           to prevent death or serious personal injury.

     (6)    The fourth condition is that—

           (a)           there has been no undue delay in applying for consent under section

72(2),

           (b)           that consent has not been refused, and

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           (c)           taking into account the urgency of the situation, it is not reasonably

practicable to obtain that consent before taking the action.

     (7)    An authorisation under subsection (2) must—

           (a)           if reasonably practicable, be given in writing;

 

 

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Part 10 — Retrial for serious offences

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           (b)           otherwise, be recorded in writing by the officer giving it as soon as is

reasonably practicable.

Arrest, custody and bail

 74    Arrest and charge

     (1)    If a justice of the peace is satisfied by written information that new evidence

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which would be relevant to an application under section 63(1) or (2) in respect

of the commission by any person of a qualifying offence is available or known

to an officer, the justice may issue a warrant to arrest that person for that

offence.

     (2)    Subsections (3) and (4) apply where a person is arrested under a warrant issued

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under subsection (1).

     (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

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to him is sufficient for the case to be referred to a prosecutor to consider

whether consent should be sought for an application in respect of that person

under section 63.

     (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

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at that police station of the rank of superintendent or above any evidence

which it appears to him may be relevant to an application under section 63(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

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           (b)           if later, after he forms that view.

 75    Bail and custody before application

     (1)    A person charged with an offence in accordance with section 74(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

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Criminal Evidence Act 1984 (c. 60) do not apply.

     (2)    For the purpose of calculating the period referred to in subsection (1), the

following are to be disregarded—

           (a)           Sunday,

           (b)           Christmas Day,

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           (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

person is for the time being detained.

     (3)    The Crown Court may either—

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           (a)           grant bail, with such conditions as it sees fit, for the person to appear

before the Crown Court if notice of an application is served on him

under section 67(2), or

           (b)           remand the person in custody to be brought before the Crown Court

under section 76(2).

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     (4)    Subsection (3) 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).

     (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

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subsection (3)(b).

     (6)    If—

           (a)           a person is remanded in custody under subsection (3)(b) or (5)(b), and

           (b)           notice of an application under section 63(1) or (2) in relation to him is

not given under section 67(1) within 42 days beginning with the date

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when he is remanded in custody, or within that period as extended or

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 67(2).

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     (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—

           (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

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vary the conditions of bail.

 76    Bail and custody before hearing

     (1)    This section applies where notice of an application is given under section 67(1).

     (2)    If the person to whom the application relates is in custody under section

75(3)(b) or (5)(b), he must be brought before the Crown Court as soon as

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practicable and, in any event, within 48 hours after the notice is given.

     (3)    If that person is not in custody under section 75(3)(b) or (5)(b), 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

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           (b)           issue a warrant for the person’s arrest.

     (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

           (b)           in a subsequent direction of the Crown Court.

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     (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

after his arrest.

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     (7)    If a person is brought before the Crown Court under subsection (2) or (6) or

appears before it pursuant to bail under section 75(3)(a) or (6), the court must

either—

 

 

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           (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.

     (8)    Subsection (7) is subject to section 4 of the Bail Act 1976 (c. 63) and section 25 of

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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

subsection (7)(a), or

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           (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,

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           (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

person is for the time being detained.

 77    Bail and custody during and after hearing

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     (1)    The Court of Appeal may, at any adjournment of the hearing of an application

under section 63(1) or (2)—

           (a)           remand the person to whom the application relates on bail, with such

conditions as it sees fit, or

           (b)           remand him in custody.

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     (2)    At a hearing at which the Court of Appeal—

           (a)           makes an order under section 64,

           (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

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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.

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     (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)    The court may at any time, as it sees fit—

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           (a)           revoke bail granted under this section and remand the person in

custody,

           (b)           vary the conditions of bail granted under subsection (1), or

           (c)           vary an order under subsection (2).

 

 

 
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