Criminal Justice Act 1988 (c. 33)

(The document as of February, 2008)

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(c)

the Courts-Martial Appeal Court; and

(d)

Standing Civilian Courts.

First-hand hearsay

2 Sections 23 and 24 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts with the substitution of the following sub-paragraph for section 23(2)(b)(i)--

" (i) the person who made the statement is not in the country where the court is sitting; and " .

Documentary evidence

3 Section 25 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts as if such proceedings were mentioned in subsection (1) of that section.

4 In section 26 above--

(a) the reference to criminal proceedings in paragraph (a) includes summary proceedings under section 77 of the Army Act 1955, section 77 of the Air Force Act 1955 or section 49 of the Naval Discipline Act 1957; and

(b) in paragraph (b) "criminal investigation" includes any investigation which may lead--

(i) to proceedings before a court-martial or Standing Civilian Court; or

(ii) to summary proceedings such as are mentioned in sub-paragraph (a) above.

5 Without prejudice to the generality of any enactment conferring power to make them, procedural instruments may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of Part II of this Act.

Letters of request etc.

6 (1) In section 29 above "criminal proceedings" does not include proceedings before a Service court, but the Secretary of State may by order make provision as to letters of request or corresponding documents for such proceedings.

(2) An order under this paragraph may make different provision for different classes of case.

(3) The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to letters of request or corresponding documents for proceedings before a Service court.

Form of evidence and glossaries

7 For the purpose of helping members--

(a) of courts-martial constituted under the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955; or

(b) of courts-martial constituted under the [1957 c. 53.] Naval Discipline Act 1957 or disciplinary courts constituted under section 50 of that Act,

to understand complicated issues of fact or technical terms Rules of Procedure under section 103 of either of the first two of those Acts and General Orders under section 58 of the Naval Discipline Act 1957 may make provision--

(i) as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(ii) as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

Use of television links

8 (1) The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation--

(a) to proceedings before Service courts; or

(b) to proceedings or proceedings of specified descriptions before Service courts in specified places.

(2) If an order is made under this paragraph--

(a) subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)--

" (a) the witness is not in the country where the court is sitting; or " ; and

(b) subsection (2) of that section shall have effect in relation to any such court with the substitution, for each reference to an offence, of a reference to a civil offence under section 70 of the Army or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in relation to which the corresponding civil offence, within the meaning of those sections, is that offence.

(3) An order under this paragraph may provide that section 32(1), (2) or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

(4) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(6) In this paragraph "modifications" includes additions, omissions and amendments.

Section 149.

SCHEDULE 14 Body Samples – Northern Ireland

Scope of Schedule

1 This Schedule applies--

(a) to an offence (whether at common law or under any enactment) specified in paragraph 2 below;

(b) to an offence specified in paragraph 3 below;

(i) for which a person of 21 years of age or over and of full capacity (not previously convicted) may be sentenced to imprisonment for a term of five years; and

(ii) which is serious for the purposes of this Schedule.

2 The offences mentioned in paragraph 1(a) above are--

(a) treason;

(b) murder;

(d) rape;

(e) kidnapping;

(f) incest with a girl under the age of 14;

(g) buggery with--

(i) a boy under the age of 16; or

(ii) a person who has not consented; and

(h) indecent assault which constitutes an act of gross indecency.

3 The offences mentioned in paragraph 1(b) above are--

(a) causing an explosion likely to endanger life or property contrary to section 2 of the [1883 c. 3.] Explosives Substances Act 1883;

(b) intercourse with a girl under the age of 14 contrary to section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885;

(c) causing death by reckless driving contrary to Article 139(1) of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981;

(d) the following offences against the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981--

(i) possession of firearm with intent to injure contrary to Article 17;

(ii) use of firearm or imitation firearm to resist arrest contrary to Article 18(1); and

(iii) carrying firearm with criminal intent contrary to Article 19;

(e) hostage-taking contrary to section 1 of the [1982 c. 28.] Taking of Hostages Act 1982;

(f) hi-jacking contrary to section 1 of the [1982 c. 36.] Aviation Security Act 1982; and

(g) torture contrary to section 134 above.

4 (1) Subject to sub-paragraph (2) below, an offence not mentioned in paragraph 2 or 3 above is serious for the purposes of this Schedule only if its commission--

(a) has led to any of the consequences mentioned in sub-paragraph (3) below; or

(b) is intended or is likely to lead to any of those consequences.

(2) An offence which consists of making a threat is serious for the purposes of this Schedule if carrying out the threat would be likely to lead to any of the consequences specified in sub-paragraph (3) below.

(3) The consequences mentioned in sub-paragraphs (1) and (2) above are--

(a) serious harm to the security of the State or to public order;

(b) serious interference with the administration of justice or with the investigation of offences or of a particular offence;

(d) serious injury to any person;

(e) substantial financial gain to any person; and

(f) serious financial loss to any person.

(4) Loss is serious for the purposes of this Schedule if, having regard to all the circumstances, it is serious for the person who suffers it.

(5) In this paragraph "injury" includes any disease and any impairment of a person's physical or mental condition.

5 A person arrested under section 12(1)(b) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 is to be treated for the purposes of this Schedule as having been arrested on suspicion of involvement in an offence to which this Schedule applies and any reference in the following provisions of this Schedule to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.

Interpretation

6 (1) In this Schedule--

"appropriate consent" means--
(a)
in relation to a person who has attained the age of 17 years, the consent of that person;
(b)
in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and
(c)
in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;
"intimate sample" means a sample of blood, semen or any other tissue fluid, urine or pubic hair, or a swab taken from any of a person's body orifices except his mouth;
"non-intimate sample" means--
(a)
a sample of hair other than pubic hair;
(b)
a sample taken from a nail or from under a nail;
(c)
a sample of saliva;
(d)
a swab taken from a person's mouth;
(e)
a swab taken from any other part of a person's body except a body orifice other than his mouth;
(f)
a footprint or a similar impression of any part of a person's body other than a part of his hand;
"parent or guardian" means in the case of a child or young person in the care of the Department of Health and Social Services for Northern Ireland or a Health and Social Services Board, that Department or Board; and
"the terrorism provisions" means--
(a)
section 12(1) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984; and
(b)
any provision conferring a power of arrest or detention and contained in an order under section 13 of that Act.

(2) A person is in police detention for the purposes of this Schedule if--

(a) he has been taken to a police station after being arrested for an offence; or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.

Intimate samples

7 (1) An intimate sample may be taken from a person in police detention only--

(a) if a police officer of at least the rank of superintendent authorises it to be taken; and

(b) if the appropriate consent is given.

(2) An officer may only give an authorisation if he has reasonable grounds--

(a) for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and

(b) for believing that the sample will tend to confirm or disprove his involvement.

(3) An officer may give an authorisation under sub-paragraph (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4) The appropriate consent must be given in writing.

(5) Where--

(a) an authorisation has been given; and

(b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken--

(i) of the giving of the authorisation; and

(ii) of the grounds for giving it.

(6) The duty imposed by sub-paragraph (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(7) If an intimate sample is taken from a person--

(a) the authorisation by virtue of which it was taken;

(b) the grounds for giving the authorisation; and

shall be recorded in writing as soon as is practicable after the sample is taken.

(8) An intimate sample, other than a sample of urine, may only be taken from a person by a registered medical practitioner.

(9) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence--

(a) the court, in determining--

(i) whether to commit that person for trial; or

(ii) whether there is a case to answer; and

(b) the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.

(10) Nothing in this paragraph affects Articles 141 to 152 of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981.

Other Samples

8 (1) Except as provided by this paragraph, a non-intimate sample may not be taken from a person without the appropriate consent.

(2) Consent to the taking of a non-intimate sample must be given in writing.

(3) A non-intimate sample may be taken from a person without the appropriate consent if--

(a) he is in police detention or is being held in custody by the police on the authority of a court; and

(b) an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.

(4) An officer may only give an authorisation under sub-paragraph (3) above if he has reasonable grounds--

(a) for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and

(b) for believing that the sample will tend to confirm or disprove his involvement.

(5) An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(6) Where--

(a) an authorisation has been given; and

(b) it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken--

(i) of the giving of the authorisation; and

(ii) of the grounds for giving it.

(7) The duty imposed by sub-paragraph (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(8) If a non-intimate sample is taken from a person by virtue of sub-paragraph (3) above--

(a) the authorisation by virtue of which it was taken; and

(b) the grounds for giving the authorisation,

shall be recorded in writing as soon as is practicable after the sample is taken.

Destruction of samples

9 (1) If--

(a) a sample is taken from a person in connection with the investigation of an offence; and

(b) he is cleared of that offence,

it must be destroyed as soon as is practicable after the conclusion of the proceedings.

(2) If--

(a) a sample is taken from a person in connection with such an investigation; and

(b) it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,

it must be destroyed as soon as is practicable after that decision is taken.

(3) If--

(a) a sample is taken from a person in connection with the investigation of an offence; and

(b) that person is not suspected of having committed the offence,

it must be destroyed as soon as it has fulfilled the purpose for which it was taken.

(4) Proceedings which are discontinued are to be treated as concluded for the purpose of this paragraph.

(5) Nothing in this paragraph--

(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971; or

(b) applies to a person arrested or detained under the terrorism provisions.

Section 170.

SCHEDULE 15 Minor and Consequential Amendments

Criminal Law Act 1826 (c. 64)

1 Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.

Offences against the Person Act 1861 (c. 100)

2 The Offences against the Person Act 1861 shall be amended as follows.

3 There shall be omitted from section 44 (certificates as to cases of assault or battery) the word "such", in the first place where it occurs, and the words "under either of the last two preceding sections,".

4 In section 45 (bars to further proceedings) for the words "in either of the last three preceding sections mentioned" there shall be substituted the words "is mentioned in section 44 of this Act".

Bankruptcy Act 1914 (c. 59)

5 Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.

Land Registration Act 1925 (c. 21)

6 In section 49(1)(g) of the Land Registration Act 1925 (protection of certain interests by notice) for the words "or the Drug Trafficking Offences Act 1986" there shall be substituted the words ", the Drug Trafficking Offences Act 1986 or the Criminal Justice Act 1988".

7 In section 112A(1) of that Act (inspection in connection with criminal proceedings), after the word "Prosecutions," there shall be inserted the words "the Director of the Serious Fraud Office".

This paragraph shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.

Children and Young Persons Act 1933 (c. 12)

8 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph--

" Common assault, or battery. " .

9 References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the [1984 c. 37.] Child Abduction Act 1984.

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

10 The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)--

" (iA) in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment; " .

Prison Act 1952 (c. 52)

11 The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952--

" (aa) young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution; " .

12 In subsection (3) of that section, for the word "or" there shall be substituted the words "and a person aged 17 years or over may be detained in such a centre".

Visiting Forces Act 1952 (c. 67)

13 In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)--

(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates' [1980 c. 43.] Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal [1984 c. 60.] Evidence Act l984; and

(b) the following subsection shall be substituted for subsection (3)--

" (3) In the application of subsection (2) of this section to Scotland,--

(a) for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975; and

(b) for the words "in accordance with the said Part IV, be released on bail or" there shall be substituted the words "if not liberated under section 294(2) of that Act, be". " .

14 (1) In subsection (1) of section 12 of that Act, in the definition of "visiting force", after the words "United Kingdom", in the first place where they occur, there shall be inserted the words "(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".

(2) The following subsection shall be inserted after that subsection--

" (1A) This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964 or any waters within 500 metres of such an installation. " .

15 --In paragraphs 1(a) and 2(a) of the Schedule, after the word "rape," there shall be inserted the word ", torture".

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

16 In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from "section 1" to "central funds)" there shall be substituted the words "sections 16(1) and 17(1) of the [1985 c. 23.] Prosecution of Offences Act 1985".

Criminal Justice Act 1967 (c. 80)

17 The Criminal Justice Act 1967 shall be amended as follows.

18 In section 62--

(a) in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words "one year" there shall be substituted the words "the specified period"; and

(b) the following subsection shall be inserted after that subsection--

" (10A) In subsection (10) above "the specified period" has the same meaning as in section 60(1) above. " .

19 In subsection (6) of section 67 (computation of sentences) for "(1)" there shall be substituted "(1A)".

Criminal Appeal Act 1968 (c. 19)

20 The Criminal Appeal Act 1968 shall be amended as follows.

21 Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection--

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