Office of Public Sector Information

“(2A) Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.”

(3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), after subsection (4) there shall be inserted—

“(4A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”

(4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), after subsection (3) there shall be inserted—

“(3A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.”

(5) In section 38 (interpretation), after subsection (2) there shall be inserted—

“(2A) In each of sections 34(2A), 36(4A) and 37(3A) “authorised place of detention” means—

(a) a police station; or

(b) any other place prescribed for the purposes of that provision by order made by the Secretary of State;

and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

59 Restriction on use of answers etc. obtained under compulsion

Schedule 3, which amends enactments providing for the use of answers and statements given under compulsion so as to restrict in criminal proceedings their use in evidence against the persons giving them, shall have effect.

Removal of restriction

60 Removal of restriction on use of evidence from computer records

Section 69 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.

Chapter VII General

61 Application of Part II to service courts

(1) The Secretary of State may by order direct that any provision of—

(a) Chapters I to III and V, or

(b) sections 62, 63 and 65 so far as having effect for the purposes of any of those Chapters,

shall apply, subject to such modifications as he may specify, to any proceedings before a service court.

(2) Chapter IV (and sections 62, 63 and 65 so far as having effect for the purposes of that Chapter) shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify.

(3) The power to make an order under section 39 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to the armed forces) in relation to any provision of sections 34 to 38 of that Act shall be exercisable in relation to any provision of those sections as amended by section 58 above.

62 Meaning of “sexual offence” and other references to offences

(1) In this Part “sexual offence” means—

(a) rape or burglary with intent to rape;

(b) an offence under any of sections 2 to 12 and 14 to 17 of the [1956 c. 69.] Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c) an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d) an offence under section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e) an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977 (incitement of child under 16 to commit incest).

(2) In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.

63 General interpretation etc. of Part II

(1) In this Part (except where the context otherwise requires)—

• “accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);

• “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;

• “court” (except in Chapter IV or V or subsection (2)) means a magistrates' court, the Crown Court or the criminal division of the Court of Appeal;

• “legal representative” means any authorised advocate or authorised litigator (as defined by section 119(1) of the [1990 c. 41.] Courts and Legal Services Act 1990);

• “picture” includes a likeness however produced;

• “the prosecutor” means any person acting as prosecutor, whether an individual or body;

• “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 shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

• “relevant programme” means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990;

• “service court” means—

  (a)

  a court-martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957 or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957,

  (b)

  the Courts-Martial Appeal Court, or

  (c)

  a Standing Civilian Court;

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;

• “witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.

(2) Nothing in this Part shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Part.