Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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(i) an order that he be admitted to hospital, or

(ii) a guardianship order within the meaning of the Mental Health Act 1983.

(5) A person falls within this subsection if--

(a) the first condition set out in section 28(2) or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second condition set out in section 28(3) or 29(3) of that Act is satisfied in his case, or

(b) an order under section 29A of that Act has been made in respect of him.

(6) In this section "court" does not include a service court, as defined by section 305(1).

Criminal record certificates

328 Criminal record certificates: amendments of Part 5 of Police Act 1997

Schedule 35 (which contains amendments of Part 5 of the Police Act 1997 (c. 50)) shall have effect.

Civil proceedings brought by offenders

329 Civil proceedings for trespass to the person brought by offender

(1) This section applies where--

(a) a person ("the claimant") claims that another person ("the defendant") did an act amounting to trespass to the claimant's person, and

(b) the claimant has been convicted in the United Kingdom of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done.

(2) Civil proceedings relating to the claim may be brought only with the permission of the court.

(3) The court may give permission for the proceedings to be brought only if there is evidence that either--

(a) the condition in subsection (5) is not met, or

(b) in all the circumstances, the defendant's act was grossly disproportionate.

(4) If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both--

(a) that the condition in subsection (5) is met, and

(b) that, in all the circumstances, his act was not grossly disproportionate.

(5) The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because--

(a) he believed that the claimant--

(i) was about to commit an offence,

(ii) was in the course of committing an offence, or

(iii) had committed an offence immediately beforehand; and

(b) he believed that the act was necessary to--

(i) defend himself or another person,

(ii) protect or recover property,

(iii) prevent the commission or continuation of an offence, or

(iv) apprehend, or secure the conviction, of the claimant after he had committed an offence;

or was necessary to assist in achieving any of those things.

(6) Subsection (4) is without prejudice to any other defence.

(7) Where--

(a) in service disciplinary proceedings, as defined by section 305(1), a person has been found guilty of an offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53), and

(b) the corresponding civil offence (within the meaning of that Act) was an imprisonable offence,

he is to be treated for the purposes of this section as having been convicted in the United Kingdom of the corresponding civil offence.

(8) In this section--

(a) the reference to trespass to the person is a reference to--

(i) assault,

(ii) battery, or

(iii) false imprisonment;

(b) references to a defendant's belief are to his honest belief, whether or not the belief was also reasonable;

(d) "imprisonable offence" means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment.

Part 14 General

330 Orders and rules

(1) This section applies to--

(a) any power conferred by this Act on the Secretary of State to make an order or rules;

(b) the power conferred by section 168 on the Lord Chancellor to make an order.

(2) The power is exercisable by statutory instrument.

(3) The power--

(a) may be exercised so as to make different provision for different purposes or different areas, and

(b) may be exercised either for all the purposes to which the power extends, or for those purposes subject to specified exceptions, or only for specified purposes.

(4) The power includes power to make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which the Minister making the instrument considers necessary or expedient.

(5) A statutory instrument containing--

(a) an order under any of the following provisions--

section 25(5),
section 103,
section 161(7),
section 178,
section 197(3),
section 223,
section 246(5),
section 260,
section 267,
section 269(6),
section 281(2),
section 283(1),
section 291,
section 301(5),
section 325(7), and
paragraph 5 of Schedule 31,

(b) an order under section 336(3) bringing section 43 into force,

(c) an order making any provision by virtue of section 333(2)(b) which adds to, replaces or omits any part of the text of an Act, or

(d) rules under section 240(4)(a),

may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) Any other statutory instrument made in the exercise of a power to which this section applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing only an order made under one or more of the following provisions--

section 202(3)(b),
section 215(3),
section 253(5),
section 325(6)(i), and
section 336.

331 Further minor and consequential amendments

Schedule 36 (further minor and consequential amendments) shall have effect.

332 Repeals

Schedule 37 (repeals) shall have effect.

333 Supplementary and consequential provision, etc.

(1) The Secretary of State may by order make--

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

(2) An order under subsection (1) may, in particular--

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b) amend or repeal--

(i) any Act passed before, or in the same Session as, this Act, and

(ii) subordinate legislation made before the passing of this Act.

(3) Nothing in this section limits the power by virtue of section 330(4)(b) to include transitional or saving provision in an order under section 336.

(4) The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act.

(5) In this section "subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30).

(6) Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect.

334 Provision for Northern Ireland

(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to those of any provisions of this Act specified in subsection (2)--

(a) shall not be subject to subsections (3) to (9) of that section (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The provisions are--

(a) in Part 1, sections 1, 3(3), 4, 7 to 10 and 12 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and

(b) Parts 8, 9 and 11.

(3) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland)--

(a) the reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 shall be read as a reference to paragraph 1 of the Schedule to the Northern Ireland Act 2000 (legislation by Order in Council during suspension), and

(b) the reference in subsection (1)(a) above to subsections (3) to (9) of that section shall be read as a reference to paragraph 2 of that Schedule.

(4) The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) (transfer of certain functions to Director of Public Prosecutions for Northern Ireland) to any function of the Attorney General for Northern Ireland of consenting to the institution of criminal proceedings includes any such function which is conferred by an amendment made by this Act.

(5) Any reference to any provision of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is to be read as a reference to that provision as amended by this Act.

335 Expenses

There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

336 Commencement

(1) The following provisions of this Act come into force on the passing of this Act--

section 168(1) and (2),
section 183(8),
section 307(1) to (3), (5) and (6),
section 330,
section 333(1) to (5),
sections 334 and 335,
this section and sections 337, 338 and 339, and
the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and
paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs).

(2) The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed--

Chapter 7 of Part 12 (and Schedules 21 and 22);
section 303(b)(i) and (ii);
paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions);
Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule).

(3) The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

(4) Different provision may be made for different purposes and different areas.

337 Extent

(1) Subject to the following provisions of this section and to section 338, this Act extends to England and Wales only.

(2) The following provisions extend also to Scotland and Northern Ireland--

sections 71 and 72;
sections 82 and 83;
section 180 and Schedule 9;
section 188 and Schedule 11;
section 194 and Schedule 13;
section 293;
section 306
section 307;
section 311;
this Part, except sections 331, 332 and 334(5);
paragraphs 19, 70 and 71 of Schedule 3;
paragraph 12(3) of Schedule 12;
paragraphs 3, 6, 7 and 8 of Schedule 27;
paragraphs 6 to 8 of Schedule 31.

(3) The following provisions extend also to Scotland--

section 50(14);
section 286;
sections 287, 288, and 291;
section 302;
paragraph 2 of Schedule 23;
paragraphs 1, 2 and 5 of Schedule 27;
paragraph 7 of Schedule 38.

(4) Section 290 extends to Scotland only.

(5) The following provisions extend also to Northern Ireland--

Part 5;
Part 7;
sections 75 to 81;
sections 84 to 93;
sections 95 to 97;
section 315;
Schedule 5.

(6) The following provisions extend to Northern Ireland only--

section 292 and Schedule 29;
sections 296 and 297;
section 314;
section 317;
section 334(5).

(7) The amendment or repeal of any enactment by any provision of--

(a) Part 1,

(b) section 285,

(d) Schedule 27,

(e) Schedule 28,

(f) Part 1 of Schedule 32,

(g) Parts 1 to 4 and 6 of Schedule 36, and

(h) Parts 1 to 4, 6 to 8, 10 and 12 of Schedule 37 (except as mentioned in subsection (9)),

extends to the part or parts of the United Kingdom to which the enactment extends.

(8) Paragraphs 29, 30, 31, 39, 41, 50, 53 and 63 of Schedule 3 do not extend to Northern Ireland.

(9) The repeals in Part 4 of Schedule 37 relating to--

(a) the Bankers' Books Evidence Act 1879 (c. 11),

(b) the Explosive Substances Act 1883 (c. 3),

(d) the Customs and Excise Management Act 1979 (c. 2), and

(e) the Contempt of Court Act 1981 (c. 49),

do not extend to Northern Ireland.

(10) The provisions mentioned in subsection (11), so far as relating to proceedings before a particular service court, have the same extent as the Act under which the court is constituted.

(11) Those provisions are--

section 113 and Schedule 6;
section 135 and Schedule 7.

(12) Nothing in subsection (1) affects --

(a) the extent of Chapter 7 of Part 12 so far as relating to sentences passed by a court-martial, or

(b) the extent of section 299 and Schedule 30 so far as relating to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court.

(13) Any provision of this Act which--

(a) relates to any enactment contained in--

(i) the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii) the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19),

(iii) the Naval Discipline Act 1957 (c. 53),

(iv) the Courts-Martial (Appeals) Act 1968 (c. 20),

(v) the Armed Forces Act 1976 (c. 52),

(vi) section 113 of the Police and Criminal Evidence Act 1984 (c. 60),

(vii) the Reserve Forces Act 1996 (c. 14), or

(viii) the Armed Forces Act 2001 (c. 19), and

(b) is not itself contained in Schedule 25 or Part 9 of Schedule 37,

has the same extent as the enactment to which it relates.

338 Channel Islands and Isle of Man

(1) Subject to subsections (2) and (3), Her Majesty may by Order in Council extend any provision of this Act, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) Subsection (1) does not authorise the extension to any place of a provision of this Act so far as the provision amends an enactment that does not itself extend there and is not itself capable of being extended there in the exercise of a power conferred on Her Majesty in Council.

(3) Subsection (1) does not apply in relation to any provision that extends to the Channel Islands or the Isle of Man by virtue of any of subsections (10) to (13) of section 337.

(4) Subsection (4) of section 330 applies to the power to make an Order in Council under subsection (1) as it applies to any power of the Secretary of State to make an order under this Act, but as if references in that subsection to the Minister making the instrument were references to Her Majesty in Council.

339 Short title

This Act may be cited as the Criminal Justice Act 2003.

SCHEDULES

Section 12

SCHEDULE 1 Amendments related to Part 1

The 1984 Act

1 The 1984 Act is amended as follows.

2 In section 18 (entry and search after arrest), for subsection (5) there is substituted--

" (5) A constable may conduct a search under subsection (1)--

(a) before the person is taken to a police station or released on bail under section 30A, and

(b) without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence. "

3 In section 21 (access and copying), at the end there is inserted--

" (9) The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant. "

4 In section 22 (retention), at the end there is inserted--

" (7) The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant. "

5 In section 34 (limitation on police detention), for subsection (7) there is substituted--

" (7) For the purposes of this Part a person who--

(a) attends a police station to answer to bail granted under section 30A,

(b) returns to a police station to answer to bail granted under this Part, or

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail. "

6 In section 35(1) (designated police stations), for "section 30(3) and (5) above" there is substituted "sections 30(3) and (5), 30A(5) and 30D(2)".

7 In section 36 (custody officers at police stations), after subsection (7) there is inserted--

" (7A) Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

(7B) Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail. "

8 In section 41(2) (calculation of periods of time), after paragraph (c) there is inserted--

" (ca) in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station; " .

9 In section 45A(2)(a) (functions which may be performed by video-conferencing), after "taken to" there is inserted ", or answering to bail at,".

10 In section 47 (bail after arrest)--

(a) in subsection (6), after "granted bail" there is inserted "under this Part", and

(b) in subsection (7), after "released on bail" there is inserted "under this Part".

Criminal Justice Act 1987 (c. 38)

11 In section 2 of the Criminal Justice Act 1987 (director's investigation powers), after subsection (6) there is inserted--

" (6A) Where an appropriate person accompanies a constable, he may exercise the powers conferred by subsection (5) but only in the company, and under the supervision, of the constable. "

12 In subsection (7) of that section (meaning of appropriate person), for "subsection (6) above" there is substituted "this section".

13 In subsection (8D) of that section (references to evidence obtained by Director), after "by a constable" there is inserted "or by an appropriate person".

Criminal Justice and Police Act 2001 (c. 16)

14 In section 56 of the Criminal Justice and Police Act 2001 (property seized by constables etc.), after subsection (4) there is inserted--

" (4A) Subsection (1)(a) includes property seized on any premises--

(a) by a person authorised under section 16(2) of the 1984 Act to accompany a constable executing a warrant, or

(b) by a person accompanying a constable under section 2(6) of the Criminal Justice Act 1987 in the execution of a warrant under section 2(4) of that Act. "

Armed Forces Act 2001 (c. 19)

15 In section 2(9) of the Armed Forces Act 2001 (offences for purpose of definition of prohibited article), at the end of paragraph (d) there is inserted " ; and

(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property). "

Police Reform Act 2002 (c. 30)

16 Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) is amended as follows.

17 In paragraph 17 (access to excluded and special procedure material) after paragraph (b) there is inserted--

" (bb) section 15 of that Act (safeguards) shall have effect in relation to the issue of any warrant under paragraph 12 of that Schedule to that person as it has effect in relation to the issue of a warrant under that paragraph to a constable;

(bc) section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 12 of that Schedule (whether to that person or to any other person) in respect of premises in the relevant police area as if references in that section to a constable included references to that person; " .

18 In paragraph 20 (access and copying in case of things seized by constables) after "by a constable" there is inserted "or by a person authorised to accompany him under section 16(2) of that Act".

19 After paragraph 24 (extended powers of seizure) there is inserted--

" Persons accompanying investigating officers

24A (1) This paragraph applies where a person ("an authorised person") is authorised by virtue of section 16(2) of the 1984 Act to accompany an investigating officer designated for the purposes of paragraph 16 (or 17) in the execution of a warrant.

(2) The reference in paragraph 16(h) (or 17(e)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.

(3) In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be read as if it provided for the references to a constable and to an officer in section 21(1) and (2) of the 1984 Act to include references to the authorised person.

(4) The reference in paragraph 16(i) (or 17(f)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act.

(5) In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is to be read as if it provided for--

(a) the references to the supervision of a constable in subsections (3) and (4) of section 21 of the 1984 Act to include references to the supervision of a person designated for the purposes of paragraph 16 (or paragraph 17), and

(b) the reference to a constable in subsection (5) of that section to include a reference to such a person or an authorised person accompanying him.

(6) Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 24, the references in sub-paragraphs (a) and (b) of that paragraph to the designated person include references to the authorised person. "

20 In paragraph 34 (powers of escort officer to take arrested person to prison), in sub-paragraph (1)(a), for "subsection (1) of section 30" there is substituted "subsection (1A) of section 30".

Section 28

SCHEDULE 2 Charging or release of persons in police detention

1 The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

2 (1) Section 37 (duties of custody officers before charge) is amended as follows.

(2) In subsection (7) for paragraphs (a) and (b) there is substituted--

" (a) shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,

(b) shall be released without charge and on bail but not for that purpose,

(d) shall be charged. "

(3) After that subsection there is inserted--

" (7A) The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B) Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below. "

(4) In subsection (8)(a) after "(7)(b)" there is inserted "or (c)".

3 After that section there is inserted--

" 37A Guidance

(1) The Director of Public Prosecutions may issue guidance--

(a) for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and

(b) as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2) The Director of Public Prosecutions may from time to time revise guidance issued under this section.

(3) Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) below.

(4) A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

(5) The Director of Public Prosecutions must publish in such manner as he thinks fit--

(a) any guidance issued under this section, and

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