Criminal Justice Bill
Total Page：16
File Type：pdf, Size：1020Kb
Criminal Justice Bill [AS AMENDED IN STANDING COMMITTEE B] 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 Bill 63 53/2 ii Criminal Justice Bill 20 Failure to comply with conditions 21 Code of practice 22 Interpretation of Part 3 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 Applications by prosecution for certain complex or lengthy trials 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 43 Application of Part 7 to Northern Ireland PART 8 LIVE LINKS 44 Live links in criminal proceedings 45 Effect of, and rescission of, direction 46 Magistrates’ courts permitted to sit at other locations Criminal Justice Bill iii 47 Warning to jury 48 Rules of court 49 Interpretation of Part 8 PART 9 PROSECUTION APPEALS 50 Meaning of “terminating ruling” 51 Prosecution right of appeal against certain rulings 52 Appeals against terminating rulings 53 Appeals against certain other rulings 54 Expedited and non-expedited appeals 55 Continuation of proceedings for offences not affected by ruling 56 Determination of appeal by Court of Appeal 57 Appeals to the House of Lords 58 Costs 59 Effect on time limits in relation to preliminary stages 60 Restrictions on reporting 61 Offences in connection with reporting 62 Interpretation of Part 9 PART 10 RETRIAL FOR SERIOUS OFFENCES Cases that may be retried 63 Cases that may be retried Application for retrial 64 Application to Court of Appeal 65 Determination by Court of Appeal 66 New and compelling evidence 67 Interests of justice 68 Procedure and evidence 69 Appeals 70 Restrictions on reporting 71 Offences in connection with reporting Retrial 72 Retrial Investigations 73 Authorisation of investigations 74 Urgent investigative steps Arrest, custody and bail 75 Arrest and charge 76 Bail and custody before application iv Criminal Justice Bill 77 Bail and custody before hearing 78 Bail and custody during and after hearing Part 10: supplementary 79 Functions of the DPP 80 Rules of Court 81 Interpretation of Part 10 PART 11 EVIDENCE CHAPTER 1 EVIDENCE OF BAD CHARACTER Introductory 82 “Bad character” 83 Abolition of common law rules Persons other than defendants 84 Non-defendant’s bad character Defendants 85 Defendant’s bad character 86 “Important explanatory evidence” 87 Offences “of the same description” or “of the same category” 88 “Matter in issue between the defendant and the prosecution” 89 “Matter in issue between the defendant and a co-defendant” 90 “Evidence to correct a false impression” 91 “Attack on another person’s character” 92 Stopping the case where evidence contaminated 93 Offences committed by defendant when a child General 94 Assumption of truth in assessment of relevance or probative value 95 Court’s duty to give reasons for rulings 96 Rules of court 97 Interpretation of Chapter 1 98 Armed forces CHAPTER 2 HEARSAY EVIDENCE Hearsay: main provisions 99 Admissibility of hearsay evidence 100 Statements and matters stated Criminal Justice Bill v Principal categories of admissibility 101 Cases where a witness is unavailable 102 Business and other documents 103 Preservation of certain common law categories of admissibility 104 Inconsistent statements 105 Other previous statements of witnesses Supplementary 106 Multiple hearsay 107 Documents produced as exhibits 108 Capability to make statement 109 Credibility 110 Stopping the case where evidence is unconvincing 111 Court’s general discretion to exclude evidence Miscellaneous 112 Expert evidence: preparatory work 113 Confessions 114 Representations other than by a person 115 Depositions 116 Evidence at retrial General 117 Rules of court 118 Proof of statements in documents 119 Interpretation of Chapter 2 120 Armed forces 121 Repeals etc CHAPTER 3 MISCELLANEOUS AND SUPPLEMENTAL 122 Evidence by video recording 123 Video evidence: further provisions 124 Use of documents to refresh memory 125 Interpretation of Chapter 3 126 Saving PART 12 SENTENCING CHAPTER 1 GENERAL PROVISIONS ABOUT SENTENCING Matters to be taken into account in sentencing 127 Purposes of sentencing 128 Determining the seriousness of an offence vi Criminal Justice Bill 129 Reduction in sentences for guilty pleas 130 Increase in sentences for racial or religious aggravation General restrictions on community sentences 131 Meaning of “community sentence” etc. 132 Restrictions on imposing community sentences 133 Passing of community sentence on offender remanded in custody 134 Community sentence not available where sentence fixed by law etc. 135 Community order for persistent offender previously fined General restrictions on discretionary custodial sentences 136 General restrictions on imposing discretionary custodial sentences 137 Length of discretionary custodial sentences: general provision General limit on magistrates’ court’s power to impose imprisonment 138 General limit on magistrates’ court’s power to impose imprisonment 139 Consecutive terms of imprisonment 140 Power to increase limits Procedural requirements for imposing community sentences and discretionary custodial sentences 141 Pre-sentence reports and other requirements 142 Additional requirements in case of mentally disordered offender 143 Meaning of “pre-sentence report” Disclosure of pre-sentence reports etc 144 Disclosure of pre-sentence reports 145 Other reports of local probation boards and members of youth offending teams Pre-sentence drug testing 146 Pre-sentence drug testing Fines 147 Powers to order statement as to offender’s financial circumstances 148 General power of Crown Court to fine offender convicted on indictment 149 Fixing of fines 150 Remission of fines Savings for power to mitigate etc 151 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders Sentencing and allocation guidelines 152 The Sentencing Guidelines Council Criminal Justice Bill vii 153 The Sentencing Advisory Panel 154 Guidelines relating to sentencing and allocation 155 Functions of Sentencing Advisory Panel in relation to guidelines 156 Duty of court to have regard to sentencing guidelines 157 Annual report by Council Duty of court to explain sentence 158 Duty to give reasons for, and explain effect of, sentence Publication of information by Secretary of State 159 Duty to publish information about sentencing Supplementary 160 Interpretation of Chapter 1 CHAPTER 2 COMMUNITY ORDERS: OFFENDERS AGED 16 OR OVER 161 Community orders 162 Power to provide for court review of community orders 163 Breach, revocation or amendment of community order 164 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 165 Prison sentences of less than 12 months 166 Licence conditions Intermittent custody 167 Intermittent custody 168 Restrictions on power to make intermittent custody order 169 Intermittent custody: licence conditions 170 Further provisions relating to intermittent custody Revocation or amendment of order 171 Revocation or amendment of order Suspended sentences 172 Suspended sentences of imprisonment 173 Imposition of requirements by suspended sentence order 174 Power to provide for review of suspended sentence order 175 Periodic reviews of suspended sentence order viii Criminal Justice Bill 176 Breach, revocation or amendment of suspended sentence order, and effect of further conviction 177 Interpretation of Chapter 3 CHAPTER 4 FURTHER PROVISIONS ABOUT ORDERS UNDER CHAPTERS 2 AND 3 Introductory 178 Meaning of “relevant order” 179 Meaning of “the responsible officer” 180 Duties of responsible officer Requirements available in case of all offenders 181 Unpaid work requirement 182 Obligations of person subject to unpaid work requirement 183 Activity requirement 184 Programme requirement 185 Prohibited activity requirement 186 Curfew requirement 187 Exclusion requirement 188 Residence requirement