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 COMMITTEE]

Contents
Part 1
Amendments of Police and Criminal Evidence Act 1984
      1         Extension of powers to stop and search
      2         Warrants to enter and search
      3         Arrestable offences
      4         Bail elsewhere than at police station
      5         Drug testing for under-eighteens
      6         Limits on period of detention without charge
      7         Property of detained persons
      8         Taking fingerprints without consent
      9         Taking non-intimate samples without consent
      10         Codes of practice
      11         Amendments related to this Part
Part 2
Bail
      12         Grant and conditions of bail
      13         Offences committed on bail
      14         Absconding by persons released on bail
      15         Appeal to Crown Court
      16         Appeals to High Court
      17         Appeal by prosecution
      18         Drug users: restriction on bail
      19         Supplementary amendments to the Bail Act 1976
      20         Interpretation of Part 2
Part 3
Conditional cautions
      21         Conditional cautions
      22         The five requirements
      23         Failure to comply with conditions
      24         Code of practice

HL Bill 111 53/2

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      25         Interpretation of Part 3
Part 4
Charging etc
      26         Charging or release of persons in police detention
      27         New method of instituting proceedings
      28         Further provision about new method
      29         Removal of requirement to substantiate information on oath
Part 5
Disclosure
      30         Initial duty of disclosure by prosecutor
      31         Defence disclosure
      32         Notification of intention to call defence witnesses
      33         Notification of names of experts instructed by defendant
      34         Further provisions about defence disclosure
      35         Continuing duty of disclosure by prosecutor
      36         Application by defence for disclosure
      37         Faults in defence disclosure
      38         Code of practice for police interviews of witnesses notified by accused
Part 6
Allocation and sending of offences
      39         Allocation of offences triable either way, and sending cases to Crown Court
      40         Mode of trial for certain firearms offences: transitory arrangements
Part 7
Live links
      41         Live links in criminal proceedings
      42         Effect of, and rescission of, direction
      43         Magistrates’ courts permitted to sit at other locations
      44         Warning to jury
      45         Rules of court
      46         Interpretation of Part 7
Part 8
Prosecution appeals
      47         Meaning of “terminating ruling”
      48         Prosecution right of appeal against certain rulings
      49         Appeals against terminating rulings
      50         Appeals against certain other rulings
      51         Expedited and non-expedited appeals
      52         Continuation of proceedings for offences not affected by ruling
      53         Determination of appeal by Court of Appeal

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      54         Appeals to the House of Lords
      55         Costs
      56         Effect on time limits in relation to preliminary stages
      57         Restrictions on reporting
      58         Offences in connection with reporting
      59         Interpretation of Part 8
Part 9
Retrial for serious offences
Cases that may be retried
      60         Cases that may be retried
Application for retrial
      61         Application to Court of Appeal
      62         Determination by Court of Appeal
      63         New and compelling evidence
      64         Interests of justice
      65         Procedure and evidence
      66         Appeals
      67         Restrictions on publication in the interests of justice
Retrial
      68         Retrial
Investigations
      69         Authorisation of investigations
      70         Urgent investigative steps
Arrest, custody and bail
      71         Arrest and charge
      72         Bail and custody before application
      73         Bail and custody before hearing
      74         Bail and custody during and after hearing
      75         Revocation of bail
Part 9: supplementary
      76         Functions of the DPP
      77         Rules of Court
      78         Armed Forces: Part 9
      79         Interpretation of Part 9
      80         Application of Part 9 to Northern Ireland

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Part 10
Evidence
Chapter 1
Evidence of bad character
Introductory
      81         “Bad character”
      82         Abolition of common law rules
Persons other than defendants
      83         Non-defendant’s bad character
Defendants
      84         Defendant’s bad character
      85         “Important explanatory evidence”
      86         Offences “of the same description” or “of the same category”
      87         “Matter in issue between the defendant and the prosecution”
      88         “Matter in issue between the defendant and a co-defendant”
      89         “Evidence to correct a false impression”
      90         “Attack on another person’s character”
      91         Stopping the case where evidence contaminated
      92         Offences committed by defendant when a child
General
      93         Assumption of truth in assessment of relevance or probative value
      94         Court’s duty to give reasons for rulings
      95         Rules of court
      96         Interpretation of Chapter 1
      97         Armed forces
Chapter 2
Hearsay evidence
Hearsay: main provisions
      98         Statements and matters stated
Principal categories of admissibility
      99         Cases where a witness is unavailable
      100         Business and other documents
      101         Preservation of certain common law categories of admissibility
      102         Inconsistent statements
      103         Other previous statements of witnesses

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Supplementary
      104         Multiple hearsay
      105         Documents produced as exhibits
      106         Capability to make statement
      107         Credibility
      108         Stopping the case where evidence is unconvincing
      109         Court’s general discretion to exclude evidence
Miscellaneous
      110         Expert evidence: preparatory work
      111         Confessions
      112         Representations other than by a person
      113         Depositions
      114         Evidence at retrial
General
      115         Rules of court
      116         Proof of statements in documents
      117         Interpretation of Chapter 2
      118         Armed forces
      119         Repeals etc
Chapter 3
Miscellaneous and supplemental
      120         Evidence by video recording
      121         Video evidence: further provisions
      122         Use of documents to refresh memory
      123         Interpretation of Chapter 3
      124         Saving
Part 11
Sentencing
Chapter 1
General provisions about sentencing
Matters to be taken into account in sentencing
      125         Purposes of sentencing
      126         Determining the seriousness of an offence
      127         Reduction in sentences for guilty pleas
      128         Increase in sentences for racial or religious aggravation
General restrictions on community sentences
      129         Meaning of “community sentence” etc.
      130         Restrictions on imposing community sentences
      131         Passing of community sentence on offender remanded in custody

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      132         Community sentence not available where sentence fixed by law etc.
      133         Community order for persistent offender previously fined
General restrictions on discretionary custodial sentences
      134         General restrictions on imposing discretionary custodial sentences
      135         Length of discretionary custodial sentences: general provision
General limit on magistrates’ court’s power to impose imprisonment
      136         General limit on magistrates’ court’s power to impose imprisonment
      137         Consecutive terms of imprisonment
Procedural requirements for imposing community sentences and discretionary custodial
sentences
      138         Pre-sentence reports and other requirements
      139         Additional requirements in case of mentally disordered offender
      140         Meaning of “pre-sentence report”
Disclosure of pre-sentence reports etc
      141         Disclosure of pre-sentence reports
      142         Other reports of local probation boards and members of youth offending
teams
Pre-sentence drug testing
      143         Pre-sentence drug testing
Fines
      144         Powers to order statement as to offender’s financial circumstances
      145         General power of Crown Court to fine offender convicted on indictment
      146         Fixing of fines
      147         Remission of fines
Savings for power to mitigate etc
      148         Savings for powers to mitigate sentences and deal appropriately with
mentally disordered offenders
Sentencing and allocation guidelines
      149         The Sentencing Guidelines Council
      150         Sentencing Guidelines Council: supplementary provisions
      151         The Sentencing Advisory Panel
      152         Guidelines relating to sentencing and allocation
      153         Functions of Sentencing Advisory Panel in relation to guidelines
      154         Duty of court to have regard to sentencing guidelines
      155         Annual report by Council

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Duty of court to explain sentence
      156         Duty to give reasons for, and explain effect of, sentence
Publication of information by Secretary of State
      157         Duty to publish information about sentencing
Interpretation of Chapter
      158         Interpretation of Chapter 1
Chapter 2
Community orders: offenders aged 16 or over
      159         Community orders
      160         Power to provide for court review of community orders
      161         Breach, revocation or amendment of community order
      162         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
      163         Prison sentences of less than 12 months
      164         Licence conditions
Intermittent custody
      165         Intermittent custody
      166         Restrictions on power to make intermittent custody order
      167         Intermittent custody: licence conditions
      168         Further provisions relating to intermittent custody
Further provision about custody plus orders and intermittent custody orders
      169         Revocation or amendment of order
      170         Transfer of custody plus orders and intermittent custody orders to Scotland
or Northern Ireland
Suspended sentences
      171         Suspended sentences of imprisonment
      172         Imposition of requirements by suspended sentence order
      173         Power to provide for review of suspended sentence order
      174         Periodic reviews of suspended sentence order
      175         Breach, revocation or amendment of suspended sentence order, and effect of
further conviction
      176         Transfer of suspended sentence orders to Scotland or Northern Ireland

© Parliamentary copyright 2003
Revised 17 October 2003