Criminal Justice Act 1988 (c. 33)

(The document as of February, 2008)

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(a) the relative seriousness of the offences in question;

(b) the date on which each such request was made; and

that preference should be given to that other request.

10 Simplified procedure

(1) A person may give notice that he waives the rights conferred on him by section 8 above.

(2) A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980, and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

(3) A notice under this section shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

(4) Where an order is made under this section, this Part of this Act shall cease to apply to the person in respect of whom it is made, except that, if within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

11 Special extradition arrangements

(1) Where special extradition arrangements have been made in respect of a person, extradition procedures shall be available in the case of that person, as between the United Kingdom and the foreign state with whom the arrangements have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.

(2) If the Secretary of State issues a certificate of special extradition arrangements, it shall be conclusive evidence of all matters stated in it.

(3) In subsection (2) above "certificate of special extradition arrangements" means a certificate--

(a) that special extradition arrangements have been made in respect of a person as between the United Kingdom and a foreign state specified in the certificate; and

(b) that extradition procedures are available in the case of that person as between the United Kingdom and the foreign state to the extent specified in the certificate.

12 Discharge in case of delay

(1) If a person committed under section 6 above is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court or the High Court of Justiciary for his discharge.

(2) Unless he has instituted proceedings for judicial review of the Secretary of State's decision to order his return, the relevant period is--

(a) the period of two months beginning with the first day on which, having regard to section 8(2) above, he could have been returned;

(b) where a warrant for his return has been issued under section 9 above, the period of one month beginning with the day on which that warrant was issued.

(3) If he has instituted such proceedings, the relevant period is the period expiring one month after they end.

(4) Proceedings for judicial review end for the purposes of this section--

(a) if they are discontinued, on the date of discontinuance; and

(b) if they are determined, on the date on which (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(5) If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Secretary of State, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and if a warrant for his return has been issued under section 9 above, quash that warrant.

13 Authentication of foreign documents

(1) For the purposes of this Part of this Act foreign documents may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated--

(a) if they purport to be signed or certified by a judge, magistrate or officer of the foreign state where they were issued; and

(b) if they purport to be certified by the Minister of Justice, or some other Minister of State, of the foreign state.

(2) Judicial notice shall be taken of such certification as is mentioned in subsection (1)(b) above, and documents authenticated by such certification shall be received in evidence without further proof.

14 Custody

(1) Any person remanded or committed to custody under this Part of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.

(2) If any person who is in custody by virtue of a warrant under this Part of this Act escapes out of custody, he may be retaken in any part of the United Kingdom in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed in that part.

(3) Where a person, being in custody in any part of the United Kingdom whether under this Part of this Act or otherwise, is required to be removed in custody under this Part of this Act to another part of the United Kingdom and is so removed by sea or by air, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed.

(4) A warrant for the return of any person to a foreign state shall be sufficient authority for all persons to whom it is directed and all constables to receive that person, keep him in custody and convey him into the jurisdiction of that foreign state.

15 Form of warrants and orders

(1) Any warrant or order to be issued or made by the Secretary of State under this Part of this Act shall be given under the hand of the Secretary of State, a Minister of State or an Under-Secretary of State.

(2) The Secretary of State may by regulations made by statutory instrument prescribe the form of any document (except a notice required under section 10(2) above) required for the purposes of this Part of this Act.

Treatment of persons returned from foreign states

16 Restrictions upon proceedings for other offences

(1) Where any person is returned to the United Kingdom by a foreign state in pursuance of general or special extradition arrangements, he shall not, unless he has first been restored or had an opportunity of leaving the United Kingdom, be triable or tried for any offence committed prior to the surrender in any part of the United Kingdom, other than--

(a) an offence in respect of which he was returned; or

(b) any offence disclosed by the particulars furnished to the foreign state on which his return is grounded; or

(2) Where any person returned to the United Kingdom in pursuance of general or special extradition arrangements has been convicted before his return of an offence for which his return was not granted, any punishment for that offence shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.

17 Restoration of persons not tried or acquitted

(1) This section applies to any person accused of an offence under the law of the United Kingdom who is returned to the United Kingdom in pursuance of general or special extradition arrangements.

(2) If in the case of a person to whom this section applies either--

(a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in the United Kingdom on being returned; or

(b) on his trial for that offence, he is acquitted or discharged under any of the following provisions--

(i) section 7(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973;

(ii) section 182 or 383 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

(iii) section 5(1) of the [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950,

the Secretary of State may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the foreign state from which he was returned.

Repatriation cases

18 Persons serving sentences outside country of conviction

(1) This section applies where--

(a) a request is made--

(i) by some person recognised as a diplomatic representative of a foreign state in the case of which the [1870 c. 52.] Extradition Act 1870 applies or as between which and the United Kingdom extradition procedures under this Part of this Act are available; or

(ii) by or on behalf of the Government of a Commonwealth country which is a designated Commonwealth country, as defined in subsection (1) of section 2 of the [1967 c. 68.] Fugitive Offenders Act 1967, or the Governor of a United Kingdom dependency, as defined in subsection (2) of that section,

for the arrest and return of a person in the United Kingdom who is alleged to be unlawfully at large from a prison in which he was serving a sentence in pursuance of international arrangements for the repatriation of prisoners sentenced in one country ("the country of conviction") to serve their sentences in another ("the country of imprisonment"); and

(b) there are furnished with the request--

(i) particulars of the person whose return or surrender is requested;

(ii) particulars of the offence of which he was convicted (including information sufficient to justify the issue of a warrant for his arrest under the relevant legislation);

(iii) a certificate of the conviction and sentence; and

(iv) a certificate of the international arrangements for repatriation under which he was held.

(2) Where this section applies, the relevant legislation shall have effect--

(a) if the request is from the country of conviction, as if the person to whom the request relates were alleged to be unlawfully at large from a prison in that country; and

(b) if it is from the country of imprisonment, as if he were alleged to have been convicted of a corresponding offence under the law of that country committed there,

and the question whether the person to whom the request relates is to be returned shall be determined, subject to subsection (3) below, in accordance with that legislation.

(3) A person shall not be returned under subsection (2)(b) above unless--

(a) the offence was committed in the country of conviction; or

(b) the offence was not committed there but was committed in circumstances in which he might be returned on a request made by the country of conviction.

(4) In this section "the relevant legislation" means--

(a) if the request is made by some person recognised as a diplomatic representative of a foreign state in the case of which the [1870 c. 52.] Extradition Act 1870 applies, the Extradition Acts 1870 to 1935 as they apply in the case of that state;

(b) if it is made by some person recognised as a diplomatic representative of a foreign state as between whom and the United Kingdom extradition procedures under this Part of this Act are available, the following provisions of this Act, as they apply in the case of that state--

(i) section 1(1) to (8); and

(ii) sections 2 to 17; and

(c) if it is made by or on behalf of the Government of a designated Commonwealth country or the Governor of a United Kingdom dependency, the [1967 c. 68.] Fugitive Offenders Act 1967 as it applies in the case of that country or dependency.

Channel Islands, Isle of Man and colonies

19 Application to Channel Islands and Isle of Man

(1) Subject to the provisions of this section, sections 1 to 18 above shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.

(2) Her Majesty may by Order in Council direct that any of the provisions mentioned in subsection (1) above shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.

20 Application of general extradition arrangements to colonies

(1) Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject--

(a) to the modifications set out in subsections (3) to (6) below; (b) to any further modifications as to procedure prescribed by the law of the colony; and

(2) The provisions of this Act mentioned in subsection (1) above are--

(a) section 1(1) to (8);

(b) sections 3 to 10;

(d) this section.

(3) A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.

(4) An extradition request may be made to the Governor and the Governor may exercise the powers of the Secretary of State.

(5) A reference to a consular representative recognised by the Governor shall be substituted for the reference in section 4(1) above to a diplomatic representative recognised by the Secretary of State.

(6) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.

(7) Her Majesty may by Order in Council direct that in any colony specified in the Order--

(a) the [1870 c. 52.] Extradition Act 1870 shall have effect with the amendments made by this Act; and

(b) the [1967 c. 68.] Fugitive Offenders Act 1967 shall have effect with the amendments and repeals so made.

21 Special extradition arrangements--colonies

(1) Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

(2) Where arrangements have been made in respect of a person under which extradition procedures under this Part of this Act will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject--

(a) to the modifications of the provisions of this Act specified in subsection (2) of section 20 above set out in subsections (3) to (6) of that section;

(b) to any further modifications as to procedure prescribed by the law of the colony; and

(3) The provisions of this Act mentioned in section 20(2)(a) to (c) above shall extend to the colony so far as is necessary for the purposes of the arrangements.

(4) If the governor or the Secretary of State issues a certificate--

(a) that such arrangements have been made; and

(b) that extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate,

it shall be conclusive evidence of all matters stated in it.

Suppression of terrorism

22 Suppression of terrorism

(1) Schedule 1 to the [1978 c. 26.] Suppression of Terrorism Act 1978 shall be amended as follows.

(2) The following sub-paragraph shall be inserted before paragraph 8(a)--

" (za) section 4 (soliciting etc. to commit murder); " .

(3) The following shall be inserted after paragraph 9--

" 9A The offence of torture under section 134 of the Criminal Justice Act 1988. " .

(4) The following shall be inserted after paragraph 13--

" Nuclear material

13A An offence under any provision of the Nuclear Material (Offences) Act 1983. " .

(5) The following shall be added at the end--

" Conspiracy

21 An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule. " .

Part II Documentary Evidence in Criminal Proceedings

23 First-hand hearsay

(1) Subject--

(a) to subsection (4) below;

(b) to paragraph 1A of Schedule 2 to the [1968 c. 19.] Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); and

a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if--

(i) the requirements of one of the paragraphs of subsection (2) below are satisfied; or

(ii) the requirements of subsection (3) below are satisfied.

(2) The requirements mentioned in subsection (1)(i) above are--

(a) that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;

(b) that--

(i) the person who made the statement is outside the United Kingdom; and

(ii) it is not reasonably practicable to secure his attendance; or

(3) The requirements mentioned in subsection (1)(ii) above are--

(a) that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and

(b) that the person who made it does not give oral evidence through fear or because he is kept out of the way.

(4) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the [1984 c. 60.] Police and Criminal Evidence Act 1984.

24 Business etc. documents

(1) Subject--

(a) to subsections (3) and (4) below;

(b) to paragraph 1A of Schedule 2 to the [1968 c. 19.] Criminal Appeal Act 1968; and

a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied--

(i) the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and

(ii) the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.

(2) Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it--

(a) in the course of a trade, business, profession or other occupation; or

(b) as the holder of a paid or unpaid office.

(3) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.

(4) A statement prepared otherwise than in accordance with section 29 below or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes--

(a) of pending or contemplated criminal proceedings; or

(b) of a criminal investigation,

shall not be admissible by virtue of subsection (1) above unless--

(i) the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or

(ii) the requirements of subsection (3) of that section are satisfied; or

(iii) the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.

25 Principles to be followed by court

(1) If, having regard to all the circumstances--

(a) the Crown Court--

(i) on a trial on indictment;

(ii) on an appeal from a magistrates' court; or

(iii) on the hearing of an application under section 6 of the [1987 c. 38.] Criminal Justice Act 1987 (applications for dismissal of charges of fraud transferred from magistrates' court to Crown Court); or

(b) the criminal division of the Court of Appeal; or

is of the opinion that in the interests of justice a statement which is admissible by virtue of section 23 or 24 above nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.

(2) Without prejudice to the generality of subsection (1) above, it shall be the duty of the court to have regard--

(a) to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;

(b) to the extent to which the statement appears to supply evidence which would otherwise not be readily available;

(c) to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and

(d) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.

26 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations

Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with section 29 below or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes--

(a) of pending or contemplated criminal proceedings; or

(b) of a criminal investigation,

the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard--

(i) to the contents of the statement;

(ii) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(iii) to any other circumstances that appear to the court to be relevant.

27 Proof of statements contained in documents

Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved--

(a) by the production of that document; or

(b) (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,

authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original.

28 Documentary evidence-- supplementary

(1) Nothing in this Part of this Act shall prejudice--

(a) the admissibility of a statement not made by a person while giving oral evidence in court which is admissible otherwise than by virtue of this Part of this Act; or

(b) any power of a court to exclude at its discretion a statement admissible by virtue of this Part of this Act.

(2) Schedule 2 to this Act shall have effect for the purpose of supplementing this Part of this Act.

Part III Other Provisions about Evidence in Criminal Proceedings

29 Issue of letters of request

(1) Where on an application made in accordance with the following provisions of this section it appears to a justice of the peace or judge that criminal proceedings--

(a) have been instituted; or

(b) are likely to be instituted if evidence is obtained for the purpose,

he may order that a letter of request shall be issued to a court or tribunal or appropriate authority specified in the order and exercising jurisdiction in a place outside the United Kingdom, requesting it to assist in obtaining for the purposes of the proceedings evidence specified in the letter.

(2) In subsection (1) above "appropriate authority" means any central authority designated by a state to receive requests for assistance in legal matters.

(3) An application for an order under this section may be made by a prosecuting authority.

(4) If proceedings have already been instituted, a person charged with an offence in the proceedings may make such an application.

(5) Without prejudice to the generality of any enactment conferring power to make them--

(a) Crown Court Rules;

(b) Criminal Appeal Rules; and

may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of this section and in particular for the appointment of a person before whom evidence may be taken in pursuance of a letter of request.

(6) In exercising the discretion conferred by section 25 above in relation to a statement contained in evidence taken in pursuance of a letter of request, the court shall have regard--

(a) to whether it was possible to challenge the statement by questioning the person who made it; and

(b) to whether the local law allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.

30 Expert reports

(1) An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.

(2) If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.

(3) For the purpose of determining whether to give leave the court shall have regard--

(a) to the contents of the report;

(b) to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c) to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(d) to any other circumstances that appear to the court to be relevant.

(4) An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.

(5) In this section "expert report" means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

31 Form of evidence and glossaries

For the purpose of helping members of juries to understand complicated issues of fact or technical terms Crown Court Rules may make provision--

(a) 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

(b) 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.

32 Evidence through television links

(1) A person other than the accused may give evidence through a live television link on a trial on indictment or an appeal to the criminal division of the Court of Appeal or the hearing of a reference under section 17 of the [1968 c. 19.] Criminal Appeal Act 1968 if--

(a) the witness is outside the United Kingdom; or

(b) the witness is under the age of 14 and the offence charged is one to which subsection (2) below applies,

but evidence may not be so given without the leave of the court.

(2) This subsection applies--

(a) to an offence which involves an assault on, or injury or a threat of injury to, a person;

(b) to an offence under section 1 of the [1933 c. 12.] Children and Young Persons Act 1933 (cruelty to persons under 16);

(c) to an offence under the [1956 c. 69.] Sexual Offences Act 1956, the [1960 c. 33.] Indecency with Children Act 1960, the [1967 c. 60.] Sexual Offences Act 1967, section 54 of the [1977 c. 45.] Criminal Law Act 1977 or the [1978 c. 37.] Protection of Children Act 1978; and

(d) to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.

(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the [1911 c. 6.] Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

(4) Without prejudice to the generality of any enactment conferring power to make rules to which this subsection applies, such rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this section.

(5) The rules to which subsection (4) above applies are--

(a) Crown Court Rules; and

(b) Criminal Appeal Rules.

33 Evidence of persons under 14 in committal proceedings

The following section shall be substituted for section 103 of the [1980 c. 43.] Magistrates' Courts Act 1980--

" 103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc

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