Office of Public Sector Information
(1) This section applies where—
(a) a person has been acquitted of an offence, and
(b) a person has been convicted of an administration of justice offence involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the acquittal.
(2) Where it appears to the court before which the person was convicted that—
(a) there is a real possibility that, but for the interference or intimidation, the acquitted person would not have been acquitted, and
(b) subsection (5) does not apply,
the court shall certify that it so appears.
(3) Where a court certifies under subsection (2) an application may be made to the High Court for an order quashing the acquittal, and the Court shall make the order if (but shall not do so unless) the four conditions in section 55 are satisfied.
(4) Where an order is made under subsection (3) proceedings may be taken against the acquitted person for the offence of which he was acquitted.
(5) This subsection applies if, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.
(6) For the purposes of this section the following offences are administration of justice offences—
(a) the offence of perverting the course of justice;
(b) the offence under section 51(1) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others);
(c) an offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the [1911 c. 6.] Perjury Act 1911.
(7) This section applies in relation to acquittals in respect of offences alleged to be committed on or after the appointed day.
(8) The reference in subsection (7) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
(1) The first condition is that it appears to the High Court likely that, but for the interference or intimidation, the acquitted person would not have been acquitted.
(2) The second condition is that it does not appear to the Court that, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.
(3) The third condition is that it appears to the Court that the acquitted person has been given a reasonable opportunity to make written representations to the Court.
(4) The fourth condition is that it appears to the Court that the conviction for the administration of justice offence will stand.
(5) In applying subsection (4) the Court shall—
(a) take into account all the information before it, but
(b) ignore the possibility of new factors coming to light.
(6) Accordingly, the fourth condition has the effect that the Court shall not make an order under section 54(3) if (for instance) it appears to the Court that any time allowed for giving notice of appeal has not expired or that an appeal is pending.
(1) Where—
(a) an order is made under section 54(3) quashing an acquittal,
(b) by virtue of section 54(4) it is proposed to take proceedings against the acquitted person for the offence of which he was acquitted, and
(c) apart from this subsection, the effect of an enactment would be that the proceedings must be commenced before a specified period calculated by reference to the commission of the offence,
in relation to the proceedings the enactment shall have effect as if the period were instead one calculated by reference to the time the order is made under section 54(3).
(2) Subsection (1)(c) applies however the enactment is expressed so that (for instance) it applies in the case of—
(a) paragraph 10 of Schedule 2 to the [1956 c. 69.] Sexual Offences Act 1956 (prosecution for certain offences may not be commenced more than 12 months after offence);
(b) section 127(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' court not to try information unless it is laid within 6 months from time when offence committed);
(c) an enactment that imposes a time limit only in certain circumstances (as where proceedings are not instituted by or with the consent of the Director of Public Prosecutions).
(1) Section 45 of the Offences Against the [1861 c. 100.] Person Act 1861 (which releases a person from criminal proceedings in certain circumstances) shall have effect subject to section 54(4) of this Act.
(2) The [1981 c. 49.] Contempt of Court Act 1981 shall be amended as mentioned in subsections (3) and (4).
(3) In section 4 (contemporary reports of proceedings) after subsection (2) there shall be inserted—
“(2A) Where in proceedings for any offence which is an administration of justice offence for the purposes of section 54 of the [1996 c. 00.] Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) it appears to the court that there is a possibility that (by virtue of that section) proceedings may be taken against a person for an offence of which he has been acquitted, subsection (2) of this section shall apply as if those proceedings were pending or imminent.”
(4) In Schedule 1 (time when proceedings are active for purposes of section 2) in paragraph 3 (period for which criminal proceedings are active) after “4” there shall be inserted “or 4A”, and after paragraph 4 there shall be inserted—
“4A Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.”
(1) This section applies where a person has been convicted of an offence and a speech in mitigation is made by him or on his behalf before—
(a) a court determining what sentence should be passed on him in respect of the offence, or
(b) a magistrates' court determining whether he should be committed to the Crown Court for sentence.
(2) This section also applies where a sentence has been passed on a person in respect of an offence and a submission relating to the sentence is made by him or on his behalf before—
(a) a court hearing an appeal against or reviewing the sentence, or
(b) a court determining whether to grant leave to appeal against the sentence.
(3) Where it appears to the court that there is a real possibility that an order under subsection (8) will be made in relation to the assertion, the court may make an order under subsection (7) in relation to the assertion.
(4) Where there are substantial grounds for believing—
(a) that an assertion forming part of the speech or submission is derogatory to a person’s character (for instance, because it suggests that his conduct is or has been criminal, immoral or improper), and
(b) that the assertion is false or that the facts asserted are irrelevant to the sentence,
the court may make an order under subsection (8) in relation to the assertion.
(5) An order under subsection (7) or (8) must not be made in relation to an assertion if it appears to the court that the assertion was previously made—
(a) at the trial at which the person was convicted of the offence, or
(b) during any other proceedings relating to the offence.
(6) Section 59 has effect where a court makes an order under subsection (7) or (8).
(7) An order under this subsection—
(a) may be made at any time before the court has made a determination with regard to sentencing;
(b) may be revoked at any time by the court;
(c) subject to paragraph (b), shall cease to have effect when the court makes a determination with regard to sentencing.
(8) An order under this subsection—
(a) may be made after the court has made a determination with regard to sentencing, but only if it is made as soon as is reasonably practicable after the making of the determination;
(b) may be revoked at any time by the court;
(c) subject to paragraph (b), shall cease to have effect at the end of the period of 12 months beginning with the day on which it is made;
(d) may be made whether or not an order has been made under subsection (7) with regard to the case concerned.
(9) For the purposes of subsections (7) and (8) the court makes a determination with regard to sentencing—
(a) when it determines what sentence should be passed (where this section applies by virtue of subsection (1)(a));
(b) when it determines whether the person should be committed to the Crown Court for sentence (where this section applies by virtue of subsection (1)(b));
(c) when it determines what the sentence should be (where this section applies by virtue of subsection (2)(a));
(d) when it determines whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).
(1) Where a court makes an order under section 58(7) or (8) in relation to any assertion, at any time when the order has effect the assertion must not—
(a) be published in Great Britain in a written publication available to the public, or
(b) be included in a relevant programme for reception in Great Britain.
(2) In this section—
“relevant programme” means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990;
“written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.
(3) For the purposes of this section an assertion is published or included in a programme if the material published or included—
(a) names the person about whom the assertion is made or, without naming him, contains enough to make it likely that members of the public will identify him as the person about whom it is made, and
(b) reproduces the actual wording of the matter asserted or contains its substance.
(1) If an assertion is published or included in a relevant programme in contravention of section 59, each of the following persons is guilty of an offence—
(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;
(b) in the case of publication in any other form, the person publishing the assertion;
(c) in the case of an assertion included in a relevant programme, any body corporate engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
(3) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence—
(a) he was not aware, and neither suspected nor had reason to suspect, that an order under section 58(7) or (8) had effect at that time, or
(b) he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the assertion in question.
(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in any such capacity,
he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) In relation to a body corporate whose affairs are managed by its members “director” in subsection (4) means a member of the body corporate.
(6) Subsections (2) and (3) of section 59 apply for the purposes of this section as they apply for the purposes of that.
(1) Section 58 applies where the offence mentioned in subsection (1) or (2) of that section is committed on or after the appointed day.
(2) The reference in subsection (1) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
(3) Nothing in section 58 or 59 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.
(4) Nothing in section 58 or 59 affects section 3 of the [1888 c. 64.] Law of Libel Amendment Act 1888 (privilege of newspaper reports of court proceedings).
(5) Section 8 of the Law of Libel Amendment Act 1888 (order of judge required for prosecution for libel published in a newspaper) does not apply to a prosecution for an offence under section 60.
(6) In section 159 of the [1988 c. 33.] Criminal Justice Act 1988 (appeal to Court of Appeal against orders restricting reports etc.) in subsection (1) the following paragraph shall be inserted after paragraph (a)—
“(aa) an order made by the Crown Court under section 58(7) or (8) of the [1996 c. 00.] Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment;”.
(1) In section 32 of the [1988 c. 33.] Criminal Justice Act 1988 (evidence through television links) the following subsections shall be inserted after subsection (3B)—
“(3C) Where—
(a) the court gives leave for a person to give evidence through a live television link, and
(b) the leave is given by virtue of subsection (1)(b) above,
then, subject to subsection (3D) below, the person concerned may not give evidence otherwise than through a live television link.
(3D) In a case falling within subsection (3C) above the court may give permission for the person to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission.
(3E) Permission may be given under subsection (3D) above—
(a) on an application by a party to the case, or
(b) of the court’s own motion;
but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given by virtue of subsection (1)(b) above.”
(2) In section 32A of the [1988 c. 33.] Criminal Justice Act 1988 (video recordings of testimony from child witnesses) the following subsections shall be inserted after subsection (6)—
“(6A) Where the court gives leave under subsection (2) above the child witness shall not give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording; but this is subject to subsection (6B) below.
(6B) In a case falling within subsection (6A) above the court may give permission for the child witness to give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording if it appears to the court to be in the interests of justice to give such permission.
(6C) Permission may be given under subsection (6B) above—
(a) on an application by a party to the case, or
(b) of the court’s own motion;
but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given under subsection (2) above.
(6D) For the purposes of subsections (6A) and (6B) above evidence is relevant evidence if—
(a) it is evidence in chief on behalf of the party who tendered the video recording, and
(b) it relates to matter which, in the opinion of the court, is dealt with in the recording and which the court has not directed to be excluded under subsection (3) above.”
(3) This section applies where the leave concerned is given on or after the appointed day.
(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
(1) In section 7(3) of the [1988 c. 52.] Road Traffic Act 1988 (provision of blood or urine in course of investigating whether certain road traffic offences have been committed) after paragraph (b) there shall be inserted—
“(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or”.
(2) In section 31(4) of the [1992 c. 42.] Transport and Works Act 1992 (provision of blood or urine in course of investigating whether certain offences have been committed by persons working on transport systems) the word “or” at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted—
“(bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or”.
(3) This section applies where it is proposed to make a requirement mentioned in section 7(3) of the 1988 Act or section 31(3) of the 1992 Act after the appointed day.
(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
(1) In section 63A of the [1984 c. 60.] Police and Criminal Evidence Act 1984 the following subsections shall be substituted for subsection (1) (checks against fingerprints etc. where a person has been arrested on suspicion of being involved in a recordable offence)—
“(1) Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—
(a) other fingerprints or samples to which the person seeking to check has access and which are held by or on behalf of a police force (or police forces) falling within subsection (1A) below or are held in connection with or as a result of an investigation of an offence;
(b) information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.
(1A) Each of the following police forces falls within this subsection—
(a) a police force within the meaning given by section 62 of the [1964 c. 48.] Police Act 1964 (which relates to England and Wales);
(b) a police force within the meaning given by section 50 of the [1967 c. 77.] Police (Scotland) Act 1967;
(c) the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;
(d) the States of Jersey Police Force;
(e) the salaried police force of the Island of Guernsey;
(f) the Isle of Man Constabulary.”
(2) This section applies where a person—
(a) is arrested on suspicion of being involved in a recordable offence,
(b) is charged with a recordable offence, or
(c) is informed that he will be reported for a recordable offence,
after the day on which this Act is passed.
(1) Section 1 of the [1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965 (examining justices to order witness to attend and give evidence before Crown Court) shall be omitted.
(2) In that Act the following words shall be omitted—
(a) in section 3(1) the words “witness order or”;
(b) in section 4(1) the words “witness order or” and (where they next occur) “order or”;
(c) in the proviso to section 4(1) the words from “in the case” (where they first occur) to “witness summons”;
(d) in section 4(2) the words “a witness order or” and (where they next occur) “order or”.
(3) In section 145 of the [1980 c. 43.] Magistrates' Courts Act 1980 (rules) subsection (1)(e) (which relates to witness orders) shall be omitted.
(4) This section shall have effect in accordance with provision made by the Secretary of State by order.
(1) The Criminal Procedure (Attendance of Witnesses) Act 1965 shall be amended as follows.
(2) The following shall be substituted for section 2 (summons to witness to attend Crown Court)—
(1) This section applies where the Crown Court is satisfied that—
(a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and
(b) the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing.
(2) In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to—
(a) attend before the Crown Court at the time and place stated in the summons, and
(b) give the evidence or produce the document or thing.
(3) A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.
(4) Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal.
(5) Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer.
(6) Where the proceedings concerned relate to an offence in relation to which a bill of indictment has been preferred under the authority of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of judge) an application must be made as soon as is reasonably practicable after the bill was preferred.
(7) An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.
(8) Crown Court rules—
(a) may, in such cases as the rules may specify, require an application to be made by a party to the case;
(b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed;
(c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate;
(d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons.
(9) Provision contained in Crown Court rules by virtue of subsection (8)(c) above may in particular require an affidavit to—
(a) set out any charge on which the proceedings concerned are based;
(b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it;
(c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing;
(d) specify grounds for believing that any stipulated evidence is likely to be material evidence;
(e) specify grounds for believing that any stipulated document or thing is likely to be material evidence.
(10) In subsection (9) above—
(a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons;
(b) references to the directed person are to the person to whom the witness summons is proposed to be directed.
A witness summons which is issued under section 2 above and which requires a person to produce a document or thing as mentioned in section 2(2) above may also require him to produce the document or thing—
(a) at a place stated in the summons, and
(b) at a time which is so stated and precedes that stated under section 2(2) above,
for inspection by the person applying for the summons.
(1) If—
(a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under section 2A above,
(b) the person applying for the summons concludes that a requirement imposed by the summons under section 2(2) above is no longer needed, and
(c) he accordingly applies to the Crown Court for a direction that the summons shall be of no further effect,
the court may direct accordingly.
(2) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.
(3) Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed.
(1) If a witness summons issued under section 2 above is directed to a person who—
(a) applies to the Crown Court,
(b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and
(c) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,
the court may direct that the summons shall be of no effect.
(2) For the purposes of subsection (1) above it is immaterial—
(a) whether or not Crown Court rules require the person to be served with notice of the application to issue the summons;
(b) whether or not Crown Court rules enable the person to be present or represented at the hearing of the application.
(3) In subsection (1)(b) above “served” means—
(a) served in accordance with Crown Court rules, in a case where such rules require the person to be served with notice of the application to issue the summons;
(b) served in such way as appears reasonable to the court to which the application is made under this section, in any other case.
Criminal Procedure and Investigations Act 1996