Criminal Procedure and Investigations Act 1996 (c. 25)

(The document as of February, 2008)

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(a) the principal facts of the case for the prosecution;

(b) the witnesses who will speak to those facts;

(d) any proposition of law on which the prosecutor proposes to rely;

(e) the consequences in relation to any of the counts in the indictment that appear to the prosecutor to flow from the matters falling within paragraphs (a) to (d).

(6) Where a judge has ordered the prosecutor to give a case statement and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them--

(a) to give the court and the prosecutor a written statement setting out in general terms the nature of his defence and indicating the principal matters on which he takes issue with the prosecution;

(b) to give the court and the prosecutor written notice of any objections that he has to the case statement;

(c) to give the court and the prosecutor written notice of any point of law (including any point as to the admissibility of evidence) which he wishes to take, and any authority on which he intends to rely for that purpose.

(7) Where a judge has ordered the prosecutor to give notice under subsection (4)(c) and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them to give the court and the prosecutor a written notice stating--

(a) the extent to which he agrees with the prosecutor as to documents and other matters to which the notice under subsection (4)(c) relates, and

(b) the reason for any disagreement.

(8) A judge making an order under subsection (6) or (7) shall warn the accused or, if there is more than one, each of them of the possible consequence under section 34 of not complying with it.

(9) If it appears to a judge that reasons given in pursuance of subsection (7) are inadequate, he shall so inform the person giving them and may require him to give further or better reasons.

(10) An order under this section may specify the time within which any specified requirement contained in it is to be complied with.

(11) An order or ruling made under this section shall have effect throughout the trial, unless it appears to the judge on application made to him that the interests of justice require him to vary or discharge it.

32 Orders before preparatory hearing

(1) This section applies where--

(a) a judge orders a preparatory hearing, and

(b) he decides that any order which could be made under section 31(4) to (7) at the hearing should be made before the hearing.

(2) In such a case--

(a) he may make any such order before the hearing (or at the hearing), and

(b) section 31(4) to (11) shall apply accordingly.

33 Crown Court Rules

(1) Crown Court Rules may provide that except to the extent that disclosure is required--

(a) by rules under section 81 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (expert evidence), or

(b) by section 5(7) of this Act,

anything required to be given by an accused in pursuance of a requirement imposed under section 31 need not disclose who will give evidence.

(2) Crown Court Rules may make provision as to the minimum or maximum time that may be specified under section 31(10).

34 Later stages of trial

(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under section 31.

(2) Where--

(a) a party departs from the case he disclosed in pursuance of a requirement imposed under section 31, or

(b) a party fails to comply with such a requirement,

the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury may draw such inference as appears proper.

(3) In deciding whether to give leave the judge shall have regard--

(a) to the extent of the departure or failure, and

(b) to whether there is any justification for it.

(4) Except as provided by this section no part--

(a) of a statement given under section 31(6)(a), or

(b) of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under section 31,

may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned.

Appeals

35 Appeals to Court of Appeal

(1) An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), but only with the leave of the judge or of the Court of Appeal.

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but no jury shall be sworn until after the appeal has been determined or abandoned.

(3) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against.

(4) Subject to rules of court made under section 53(1) of the [1981 c. 54.] Supreme Court Act 1981 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)--

(a) the jurisdiction of the Court of Appeal under subsection (1) above shall be exercised by the criminal division of the court;

(b) references in this Part to the Court of Appeal shall be construed as references to that division.

36 Appeals to House of Lords

(1) In the [1968 c. 19.] Criminal Appeal Act 1968, in--

(a) section 33(1) (right of appeal to House of Lords), and

(b) section 36 (bail),

after "1987" there shall be inserted "or section 35 of the Criminal Procedure and Investigations Act 1996".

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under Part II of the Criminal Appeal Act 1968, but no jury shall be sworn until after the appeal has been determined or abandoned.

Reporting restrictions

37 Restrictions on reporting

(1) Except as provided by this section--

(a) no written report of proceedings falling within subsection (2) shall be published in Great Britain;

(b) no report of proceedings falling within subsection (2) shall be included in a relevant programme for reception in Great Britain.

(2) The following proceedings fall within this subsection--

(a) a preparatory hearing;

(b) an application for leave to appeal in relation to such a hearing;

(3) The judge dealing with a preparatory hearing may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of--

(a) the preparatory hearing, or

(b) an application to the judge for leave to appeal to the Court of Appeal under section 35(1) in relation to the preparatory hearing.

(4) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of --

(a) an appeal to the Court of Appeal under section 35(1) in relation to a preparatory hearing,

(b) an application to that Court for leave to appeal to it under section 35(1) in relation to a preparatory hearing, or

(c) an application to that Court for leave to appeal to the House of Lords under Part II of the [1968 c. 19.] Criminal Appeal Act 1968 in relation to a preparatory hearing.

(5) The House of Lords may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of--

(a) an appeal to that House under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing, or

(b) an application to that House for leave to appeal to it under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing.

(6) Where there is only one accused and he objects to the making of an order under subsection (3), (4) or (5) the judge or the Court of Appeal or the House of Lords shall make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(7) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3), (4) or (5) the judge or the Court of Appeal or the House of Lords shall make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(8) Subsection (1) does not apply to--

(a) the publication of a report of a preparatory hearing,

(b) the publication of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

(d) the inclusion in a relevant programme of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

at the conclusion of the trial of the accused or of the last of the accused to be tried.

(9) Subsection (1) does not apply to a report which contains only one or more of the following matters--

(a) the identity of the court and the name of the judge;

(b) the names, ages, home addresses and occupations of the accused and witnesses;

(d) the names of counsel and solicitors in the proceedings;

(e) where the proceedings are adjourned, the date and place to which they are adjourned;

(f) any arrangements as to bail;

(g) whether legal aid was granted to the accused or any of the accused.

(10) The addresses that may be published or included in a relevant programme under subsection (9) are addresses--

(a) at any relevant time, and

(b) at the time of their publication or inclusion in a relevant programme;

and "relevant time" here means a time when events giving rise to the charges to which the proceedings relate occurred.

(11) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(12) In this section--

(a) "publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

(b) expressions cognate with "publish" shall be construed accordingly;

(c) "relevant programme" means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990.

38 Offences in connection with reporting

(1) If a report is published or included in a relevant programme in contravention of section 37 each of the following persons is guilty of an offence--

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is 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) Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

(4) Subsection (12) of section 37 applies for the purposes of this section as it applies for the purposes of that.

Part IV Rulings

39 Meaning of pre-trial hearing

(1) For the purposes of this Part a hearing is a pre-trial hearing if it relates to a trial on indictment and it takes place--

(a) after the accused has been committed for trial for the offence concerned or after the proceedings for the trial have been transferred to the Crown Court, and

(b) before the start of the trial.

(2) For the purposes of this Part a hearing is also a pre-trial hearing if--

(a) it relates to a trial on indictment to be held in pursuance of a bill of indictment 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 a judge), and

(b) it takes place after the bill of indictment has been preferred and before the start of the trial.

(3) For the purposes of this section the start of a trial on indictment occurs when a jury is sworn to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before a jury is sworn, when that plea is accepted; but this is subject to section 8 of the [1987 c. 38.] Criminal Justice Act 1987 and section 30 of this Act (preparatory hearings).

40 Power to make rulings

(1) A judge may make at a pre-trial hearing a ruling as to--

(a) any question as to the admissibility of evidence;

(b) any other question of law relating to the case concerned.

(2) A ruling may be made under this section--

(a) on an application by a party to the case, or

(b) of the judge's own motion.

(3) Subject to subsection (4), a ruling made under this section has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them is disposed of; and the case against an accused is disposed of if--

(a) he is acquitted or convicted, or

(b) the prosecutor decides not to proceed with the case against him.

(4) A judge may discharge or vary (or further vary) a ruling made under this section if it appears to him that it is in the interests of justice to do so; and a judge may act under this subsection--

(a) on an application by a party to the case, or

(b) of the judge's own motion.

(5) No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6) The judge referred to in subsection (4) need not be the judge who made the ruling or, if it has been varied, the judge (or any of the judges) who varied it.

(7) For the purposes of this section the prosecutor is any person acting as prosecutor, whether an individual or a body.

41 Restrictions on reporting

(1) Except as provided by this section--

(a) no written report of matters falling within subsection (2) shall be published in Great Britain;

(b) no report of matters falling within subsection (2) shall be included in a relevant programme for reception in Great Britain.

(2) The following matters fall within this subsection--

(a) a ruling made under section 40;

(b) proceedings on an application for a ruling to be made under section 40;

(d) proceedings on an application for a ruling made under section 40 to be discharged or varied or further varied.

(3) The judge dealing with any matter falling within subsection (2) may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of the matter.

(4) Where there is only one accused and he objects to the making of an order under subsection (3) the judge shall make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(5) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3) the judge shall make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(6) Subsection (1) does not apply to--

(a) the publication of a report of matters, or

(b) the inclusion in a relevant programme of a report of matters,

at the conclusion of the trial of the accused or of the last of the accused to be tried.

(7) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(8) In this section--

(a) "publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

(b) expressions cognate with "publish" shall be construed accordingly;

(c) "relevant programme" means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990.

42 Offences in connection with reporting

(1) If a report is published or included in a relevant programme in contravention of section 41 each of the following persons is guilty of an offence--

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(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) Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

(4) Subsection (8) of section 41 applies for the purposes of this section as it applies for the purposes of that.

43 Application of this Part

(1) This Part applies in relation to pre-trial hearings beginning 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.

Part V Committal, Transfer, Etc.

44 Reinstatement of certain provisions

(1) The [1994 c. 33.] Criminal Justice and Public Order Act 1994 shall be amended as follows.

(2) Section 44 and Schedule 4 (which provide for transfer for trial instead of committal proceedings) shall be omitted.

(3) In each of sections 34, 36 and 37 for paragraph (a) of subsection (2) (magistrates' court proceeding with a view to transfer) there shall be substituted--

" (a) a magistrates' court inquiring into the offence as examining justices; " .

(4) Sections 34(7), 36(8) and 37(7) (transitional) shall be omitted.

(5) In Schedule 11 (repeals) the entries relating to the following (which concern committal, transfer and other matters) shall be omitted--

(a) sections 13(3) and 49(2) of the [1925 c. 86.] Criminal Justice Act 1925;

(b) section 1 of the [1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965;

(c) section 7 of the [1967 c. 80.] Criminal Justice Act 1967 and in section 36(1) of that Act the definition of "committal proceedings";

(d) in paragraph 1 of Schedule 2 to the [1968 c. 19.] Criminal Appeal Act 1968 the words from "section 13(3)" to "but";

(e) in section 46(1) of the [1972 c. 71.] Criminal Justice Act 1972 the words "Section 102 of the Magistrates' Courts Act 1980 and", "which respectively allow", "committal proceedings and in other", "and section 106 of the said Act of 1980", "which punish the making of", "102 or" and ", as the case may be", and section 46(2) of that Act;

(f) in section 32(1)(b) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 the words "tried or";

(g) in Schedule 1 to the [1978 c. 30.] Interpretation Act 1978, paragraph (a) of the definition of "Committed for trial";

(h) in section 97(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 the words from "at an inquiry" to "be) or", sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of "committal proceedings", and paragraph 2 of Schedule 5 to that Act;

(i) in section 2(2)(g) of the [1981 c. 47.] Criminal Attempts Act 1981 the words "or committed for trial";

(j) in section 1(2) of the [1982 c. 48.] Criminal Justice Act 1982 the words "trial or";

(k) paragraphs 10 and 11 of Schedule 2 to the [1987 c. 38.] Criminal Justice Act 1987;

(l) in section 20(4)(a) of the [1988 c. 34.] Legal Aid Act 1988 the words "trial or", and section 20(4)(bb) and (5) of that Act;

(m) in section 1(4) of the [1991 c. 13.] War Crimes Act 1991 the words "England, Wales or", and Part I of the Schedule to that Act.

(6) The 1994 Act shall be treated as having been enacted with the amendments made by subsections (2) and (5).

(7) Subsections (3) and (4) apply where a magistrates' court begins to inquire into an offence as examining justices after the day on which this Act is passed.

45 Notices of transfer

(1) Section 5 of the [1987 c. 38.] Criminal Justice Act 1987 (notices of transfer in cases of serious or complex fraud) shall be amended as mentioned in subsections (2) and (3).

(2) In subsection (9)(a) (regulations) for the words "a statement of the evidence" there shall be substituted "copies of the documents containing the evidence (including oral evidence)".

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

" (9A) Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied. "

(4) In Schedule 6 to the [1991 c. 53.] Criminal Justice Act 1991 (notices of transfer in certain cases involving children) paragraph 4 (regulations) shall be amended as mentioned in subsections (5) and (6).

(5) In sub-paragraph (1)(a) for the words "a statement of the evidence" there shall be substituted "copies of the documents containing the evidence (including oral evidence)".

(6) The following sub-paragraph shall be inserted after sub-paragraph (1)--

" (1A) Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of documents to accompany the copy of the notice of transfer if they are referred to, in documents sent with the notice of transfer, as having already been supplied. "

(7) In paragraph 6 of Schedule 6 to the 1991 Act (reporting restrictions) in sub-paragraph (8) for the words "sub-paragraphs (5) and (6)" there shall be substituted "sub-paragraphs (5) and (7)".

(8) This section applies where a notice of transfer is given under section 4 of the 1987 Act or served under section 53 of the 1991 Act (as the case may be) on or after the appointed day.

(9) The reference in subsection (8) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

46 War crimes: abolition of transfer procedure

(1) In the [1991 c. 13.] War Crimes Act 1991--

(a) in section 1(4) (which introduces the Schedule providing a procedure for use instead of committal proceedings for certain war crimes) the words "England, Wales or" shall be omitted, and

(b) Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.

(2) In section 20(4) of the [1988 c. 34.] Legal Aid Act 1988 (power of magistrates' court to grant legal aid for Crown Court proceedings)--

(a) the word "or" shall be inserted at the end of paragraph (b), and

(b) paragraph (bb) (which relates to a notice of transfer under Part I of the Schedule to the War Crimes Act 1991) shall be omitted.

47 Committal proceedings

Schedule 1 to this Act (which contains provisions about committal proceedings and related matters) shall have effect.

Part VI Magistrates' Courts

48 Non-appearance of accused: issue of warrant

(1) Section 13 of the [1980 c. 43.] Magistrates' Courts Act 1980 (non-appearance of accused: issue of warrant) shall be amended as follows.

(2) In subsection (2) (no warrant where summons has been issued unless certain conditions fulfilled) for the words from "unless" to the end of the subsection there shall be substituted "unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled".

(3) The following subsections shall be inserted after subsection (2)--

" (2A) The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial.

(2B) The condition in this subsection is that--

(a) the adjournment now being made is a second or subsequent adjournment of the trial,

(b) the accused was present on the last (or only) occasion when the trial was adjourned, and

(4) This section applies where the court proposes to issue a warrant under section 13 on or after the appointed day.

(5) The reference in subsection (4) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

49 Either way offences: accused's intention as to plea

(1) The Magistrates' Courts Act 1980 shall be amended as follows.

(2) The following sections shall be inserted after section 17 (offences triable on indictment or summarily)--

" 17A Initial procedure: accused to indicate intention as to plea

(1) This section shall have effect where a person who has attained the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence triable either way.

(2) Everything that the court is required to do under the following provisions of this section must be done with the accused present in court.

(3) The court shall cause the charge to be written down, if this has not already been done, and to be read to the accused.

(4) The court shall then explain to the accused in ordinary language that he may indicate whether (if the offence were to proceed to trial) he would plead guilty or not guilty, and that if he indicates that he would plead guilty--

(a) the court must proceed as mentioned in subsection (6) below; and

(b) he may be committed for sentence to the Crown Court under section 38 below if the court is of such opinion as is mentioned in subsection (2) of that section.

(5) The court shall then ask the accused whether (if the offence were to proceed to trial) he would plead guilty or not guilty.

(6) If the accused indicates that he would plead guilty the court shall proceed as if--

(a) the proceedings constituted from the beginning the summary trial of the information; and

(b) section 9(1) above was complied with and he pleaded guilty under it.

(7) If the accused indicates that he would plead not guilty section 18(1) below shall apply.

(8) If the accused in fact fails to indicate how he would plead, for the purposes of this section and section 18(1) below he shall be taken to indicate that he would plead not guilty.

(9) Subject to subsection (6) above, the following shall not for any purpose be taken to constitute the taking of a plea--

(a) asking the accused under this section whether (if the offence were to proceed to trial) he would plead guilty or not guilty;

(b) an indication by the accused under this section of how he would plead.

17B Intention as to plea: absence of accused

(1) This section shall have effect where--

(a) a person who has attained the age of 18 years appears or is brought before a magistrates' court on an information charging him with an offence triable either way,

(b) the accused is represented by a legal representative,

(c) the court considers that by reason of the accused's disorderly conduct before the court it is not practicable for proceedings under section 17A above to be conducted in his presence, and

(d) the court considers that it should proceed in the absence of the accused.

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