Criminal Justice Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, will be published separately as Bill 8–EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary Blunkett has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Criminal Justice Bill are compatible with the Convention rights. Bill 8 53/2 Criminal Justice Bill CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 General amendments 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Bail elsewhere than at police station 4 Use of telephones for review of police detention 5 Limits on period of detention without charge 6 Property of detained persons 7 Codes of practice 8 Amendments related to this Part Amendments relating to drugs 9 Power of arrest for possession of Class C drugs 10 Drug testing for under-eighteens PART 2 BAIL 11 Grant and conditions of bail 12 Offences committed on bail 13 Appeal to Crown Court 14 Appeals to High Court 15 Appeal by prosecution 16 Drug users: restriction on bail 17 Interpretation of Part 2 PART 3 CONDITIONAL CAUTIONS 18 Conditional cautions 19 The five requirements 20 Failure to comply with conditions 21 Code of practice 22 Interpretation of Part 3 Bill 8 53/2 iv Criminal Justice Bill PART 4 CHARGING ETC 23 Charging or release of persons in police detention 24 New method of instituting proceedings 25 Further provision about new method 26 Removal of requirement to substantiate information on oath PART 5 DISCLOSURE 27 Initial duty of disclosure by prosecutor 28 Defence disclosure 29 Notification of intention to call defence witnesses 30 Notification of names of experts instructed by defendant 31 Further provisions about defence disclosure 32 Continuing duty of disclosure by prosecutor 33 Application by defence for disclosure 34 Faults in defence disclosure PART 6 ALLOCATION AND TRANSFER OF OFFENCES 35 Allocation of offences triable either way, and sending cases to Crown Court PART 7 TRIALS ON INDICTMENT WITHOUT A JURY 36 Application by defendant for trial to be conducted without jury 37 Application by prosecution for complex or lengthy trial to be conducted without jury 38 Application by prosecution for trial to be conducted without jury where danger of jury tampering 39 Procedure for applications under sections 36 to 38 40 Discharge of jury because of jury tampering 41 Appeals 42 Further provision about trials without a jury PART 8 LIVE LINKS 43 Live links in criminal proceedings 44 Effect of, and rescission of, direction 45 Magistrates’ courts permitted to sit at other locations 46 Warning to jury 47 Rules of court 48 Interpretation of Part 8 Criminal Justice Bill v PART 9 PROSECUTION APPEALS 49 Meaning of “terminating ruling” 50 Prosecution right of appeal against certain rulings 51 Appeals against terminating rulings 52 Appeals against certain other rulings 53 Expedited and non-expedited appeals 54 Continuation of proceedings for offences not affected by ruling 55 Determination of appeal by Court of Appeal 56 Appeals to the House of Lords 57 Costs 58 Effect on time limits in relation to preliminary stages 59 Restrictions on reporting 60 Offences in connection with reporting 61 Interpretation of Part 9 PART 10 RETRIAL FOR SERIOUS OFFENCES Cases that may be retried 62 Cases that may be retried Application for retrial 63 Application to Court of Appeal 64 Determination by Court of Appeal 65 New and compelling evidence 66 Interests of justice 67 Procedure and evidence 68 Appeals 69 Restrictions on reporting 70 Offences in connection with reporting Retrial 71 Retrial Investigations 72 Authorisation of investigations 73 Urgent investigative steps Arrest, custody and bail 74 Arrest and charge 75 Bail and custody before application 76 Bail and custody before hearing 77 Bail and custody during and after hearing vi Criminal Justice Bill Part 10: supplementary 78 Functions of the DPP 79 Rules of Court 80 Interpretation of Part 10 PART 11 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 Admissibility of hearsay evidence 99 Statements and matters stated Principal categories of admissibility 100 Cases where a witness is unavailable 101 Business and other documents Criminal Justice Bill vii 102 Preservation of certain common law categories of admissibility 103 Inconsistent statements 104 Other previous statements of witnesses Supplementary 105 Multiple hearsay 106 Documents produced as exhibits 107 Capability to make statement 108 Credibility 109 Stopping the case where evidence is unconvincing 110 Court’s general discretion to exclude evidence Miscellaneous 111 Expert evidence: preparatory work 112 Confessions 113 Representations other than by a person 114 Depositions 115 Evidence at retrial 116 Proof of statements in documents General 117 Rules of court 118 Interpretation of Chapter 2 119 Armed forces 120 Repeals etc CHAPTER 3 MISCELLANEOUS AND SUPPLEMENTAL 121 Evidence by video recording 122 Video evidence: further provisions 123 Use of documents to refresh memory 124 Interpretation of Chapter 3 125 Saving PART 12 SENTENCING CHAPTER 1 GENERAL PROVISIONS ABOUT SENTENCING Matters to be taken into account in sentencing 126 Purposes of sentencing 127 Determining the seriousness of an offence 128 Reduction in sentences for guilty pleas 129 Increase in sentences for racial or religious aggravation viii Criminal Justice Bill General restrictions on community sentences 130 Meaning of “community sentence” etc. 131 Restrictions on imposing community sentences 132 Passing of community sentence on offender remanded in custody 133 Community sentence not available where sentence fixed by law etc. 134 Community order for persistent offender previously fined General restrictions on discretionary custodial sentences 135 General restrictions on imposing discretionary custodial sentences 136 Length of discretionary custodial sentences: general provision General limit on magistrates’ court’s power to impose imprisonment 137 General limit on magistrates’ court’s power to impose imprisonment 138 Consecutive terms of imprisonment 139 Power to increase limits Procedural requirements for imposing community sentences and discretionary custodial sentences 140 Pre-sentence reports and other requirements 141 Additional requirements in case of mentally disordered offender 142 Meaning of “pre-sentence report” Disclosure of pre-sentence reports etc 143 Disclosure of pre-sentence reports 144 Other reports of local probation boards and members of youth offending teams Pre-sentence drug testing 145 Pre-sentence drug testing Fines 146 Powers to order statement as to offender’s financial circumstances 147 General power of Crown Court to fine offender convicted on indictment 148 Fixing of fines 149 Remission of fines Savings for power to mitigate etc 150 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders Sentencing and allocation guidelines 151 The Sentencing Guidelines Council 152 The Sentencing Advisory Panel 153 Guidelines relating to sentencing and allocation 154 Functions of Sentencing Advisory Panel in relation to guidelines 155 Duty of court to have regard to sentencing guidelines 156 Annual report by Council Criminal Justice Bill ix Duty of court to explain sentence 157 Duty to give reasons for, and explain effect of, sentence Publication of information by Secretary of State 158 Duty to publish information about sentencing Supplementary 159 Interpretation of Chapter 1 CHAPTER 2 COMMUNITY ORDERS: OFFENDERS AGED 16 OR OVER 160 Community orders 161 Power to provide for court review of community orders 162 Breach, revocation or amendment of community order 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 Revocation or amendment of order 169 Revocation or amendment of order Suspended sentences 170 Suspended sentences of imprisonment 171 Imposition of requirements by suspended sentence order 172 Power to provide for review of suspended sentence order 173 Periodic reviews of suspended sentence order 174 Breach, revocation or amendment of suspended sentence order, and effect of further conviction 175 Interpretation of Chapter 3 x Criminal Justice Bill CHAPTER 4 FURTHER PROVISIONS ABOUT ORDERS UNDER CHAPTERS 2 AND 3 Introductory 176 Meaning of “relevant order” 177 Meaning of “the responsible officer” 178 Duties of responsible officer Requirements available in case of all offenders 179 Unpaid