Criminal Procedure and Investigations Act 1996 (c. 25)

(The document as of February, 2008)

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

(2) In such a case--

(a) the court shall cause the charge to be written down, if this has not already been done, and to be read to the representative;

(b) the court shall ask the representative whether (if the offence were to proceed to trial) the accused would plead guilty or not guilty;

(c) if the representative indicates that the accused would plead guilty the court shall proceed as if the proceedings constituted from the beginning the summary trial of the information, and as if section 9(1) above was complied with and the accused pleaded guilty under it;

(d) if the representative indicates that the accused would plead not guilty section 18(1) below shall apply.

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

(4) Subject to subsection (2)(c) above, the following shall not for any purpose be taken to constitute the taking of a plea--

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

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

17C Intention as to plea: adjournment

A magistrates' court proceeding under section 17A or 17B above may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if--

(a) on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or

(b) he has been remanded at any time in the course of proceedings on the information;

and where the court remands the accused, the time fixed for the resumption of proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below. "

(3) In section 18(1) (initial procedure) after "either way" there shall be inserted " and--

(a) he indicates under section 17A above that (if the offence were to proceed to trial) he would plead not guilty, or

(b) his representative indicates under section 17B above that (if the offence were to proceed to trial) he would plead not guilty " .

(4) In section 19 (court to consider which mode of trial appears more suitable) paragraph (a) of subsection (2) (charge to be read to accused) shall be omitted.

(5) In--

(a) subsections (1A), (3A), (3C) and (3E) of section 128 (remand), and

(b) subsection (1) of section 130 (transfer of remand hearings),

after "10(1)" there shall be inserted ", 17C".

(6) This section applies where a person appears or is brought before a magistrates' court on or after the appointed day, unless he has appeared or been brought before such a court in respect of the same offence on a previous occasion falling before that day.

(7) The reference in subsection (6) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

50 Enforcement of payment of fines

(1) In section 87 of the [1980 c. 43.] Magistrates' Courts Act 1980 (enforcement of fines) in subsection (3) (no proceedings unless court authorises it after inquiry into means) for the words from "authorised" to the end of the subsection there shall be substituted "there has been an inquiry under section 82 above into that person's means and he appeared to the court to have sufficient means to pay the sum forthwith."

(2) This section applies where the clerk of a magistrates' court proposes to take proceedings by virtue of section 87(1) on or after the appointed day.

(3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

51 Summons to witness and warrant for his arrest

(1) In section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for his arrest) the following subsections shall be inserted after subsection (2A)--

" (2B) A justice may refuse to issue a summons under subsection (1) above in relation to the summary trial of an information if he is not satisfied that an application for the summons was made by a party to the case as soon as reasonably practicable after the accused pleaded not guilty.

(2C) In relation to the summary trial of an information, subsection (2) above shall have effect as if the reference to the matters mentioned in subsection (1) above included a reference to the matter mentioned in subsection (2B) above. "

(2) This section applies in relation to any proceedings for the purpose of which no summons has been issued under section 97(1), and no warrant has been issued under section 97(2), before the appointed day.

(3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

52 Remand

(1) In section 128 of the [1980 c. 43.] Magistrates' Courts Act 1980 (remand in custody or on bail) paragraph (c) of subsection (1A) and paragraph (c) of subsection (3A) (which restrict certain provisions about remand to persons who have attained the age of 17) shall be omitted.

(2) In section 128A(1) of that Act (power to make order allowing remand in custody for more than 8 clear days if accused has attained the age of 17) the words "who has attained the age of 17" shall be omitted.

(3) Subsection (1) applies where the offence with which the person concerned is charged is alleged to be committed on or after the appointed day.

(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

53 Attachment of earnings

(1) In section 3 of the [1971 c. 32.] Attachment of Earnings Act 1971 (court's power to make order) the following subsections shall be inserted after subsection (3A)--

" (3B) Where--

(a) a magistrates' court imposes a fine on a person in respect of an offence, and

(b) that person consents to an order being made under this subsection,

the court may at the time it imposes the fine, and without the need for an application, make an attachment of earnings order to secure the payment of the fine.

(3C) Where--

(a) a magistrates' court makes in the case of a person convicted of an offence an order under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (a compensation order) requiring him to pay compensation or to make other payments, and

(b) that person consents to an order being made under this subsection,

the court may at the time it makes the compensation order, and without the need for an application, make an attachment of earnings order to secure the payment of the compensation or other payments. "

(2) This section applies in relation to--

(a) fines imposed in respect of offences committed on or after the appointed day;

(b) compensation orders made on convictions for offences committed on or after that day.

(3) The reference in subsection (2) 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 VII Miscellaneous and General

Tainted acquittals

54 Acquittals tainted by intimidation etc

(1) This section applies where--

(a) a person has been acquitted of an offence, and

(b) a person has been convicted of an administration of justice offence involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the acquittal.

(2) Where it appears to the court before which the person was convicted that--

(a) there is a real possibility that, but for the interference or intimidation, the acquitted person would not have been acquitted, and

(b) subsection (5) does not apply,

the court shall certify that it so appears.

(3) Where a court certifies under subsection (2) an application may be made to the High Court for an order quashing the acquittal, and the Court shall make the order if (but shall not do so unless) the four conditions in section 55 are satisfied.

(4) Where an order is made under subsection (3) proceedings may be taken against the acquitted person for the offence of which he was acquitted.

(5) This subsection applies if, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.

(6) For the purposes of this section the following offences are administration of justice offences--

(a) the offence of perverting the course of justice;

(b) the offence under section 51(1) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others);

(c) an offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the [1911 c. 6.] Perjury Act 1911.

(7) This section applies in relation to acquittals in respect of offences alleged to be committed on or after the appointed day.

(8) The reference in subsection (7) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

55 Conditions for making order

(1) The first condition is that it appears to the High Court likely that, but for the interference or intimidation, the acquitted person would not have been acquitted.

(2) The second condition is that it does not appear to the Court that, because of lapse of time or for any other reason, it would be contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he was acquitted.

(3) The third condition is that it appears to the Court that the acquitted person has been given a reasonable opportunity to make written representations to the Court.

(4) The fourth condition is that it appears to the Court that the conviction for the administration of justice offence will stand.

(5) In applying subsection (4) the Court shall--

(a) take into account all the information before it, but

(b) ignore the possibility of new factors coming to light.

(6) Accordingly, the fourth condition has the effect that the Court shall not make an order under section 54(3) if (for instance) it appears to the Court that any time allowed for giving notice of appeal has not expired or that an appeal is pending.

56 Time limits for proceedings

(1) Where--

(a) an order is made under section 54(3) quashing an acquittal,

(b) by virtue of section 54(4) it is proposed to take proceedings against the acquitted person for the offence of which he was acquitted, and

(c) apart from this subsection, the effect of an enactment would be that the proceedings must be commenced before a specified period calculated by reference to the commission of the offence,

in relation to the proceedings the enactment shall have effect as if the period were instead one calculated by reference to the time the order is made under section 54(3).

(2) Subsection (1)(c) applies however the enactment is expressed so that (for instance) it applies in the case of--

(a) paragraph 10 of Schedule 2 to the [1956 c. 69.] Sexual Offences Act 1956 (prosecution for certain offences may not be commenced more than 12 months after offence);

(b) section 127(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' court not to try information unless it is laid within 6 months from time when offence committed);

(c) an enactment that imposes a time limit only in certain circumstances (as where proceedings are not instituted by or with the consent of the Director of Public Prosecutions).

57 Tainted acquittals: supplementary

(1) Section 45 of the Offences Against the [1861 c. 100.] Person Act 1861 (which releases a person from criminal proceedings in certain circumstances) shall have effect subject to section 54(4) of this Act.

(2) The [1981 c. 49.] Contempt of Court Act 1981 shall be amended as mentioned in subsections (3) and (4).

(3) In section 4 (contemporary reports of proceedings) after subsection (2) there shall be inserted--

" (2A) Where in proceedings for any offence which is an administration of justice offence for the purposes of section 54 of the [1996 c. 00.] Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) it appears to the court that there is a possibility that (by virtue of that section) proceedings may be taken against a person for an offence of which he has been acquitted, subsection (2) of this section shall apply as if those proceedings were pending or imminent. "

(4) In Schedule 1 (time when proceedings are active for purposes of section 2) in paragraph 3 (period for which criminal proceedings are active) after "4" there shall be inserted "or 4A", and after paragraph 4 there shall be inserted--

" 4A Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this. "

Derogatory assertions

58 Orders in respect of certain assertions

(1) This section applies where a person has been convicted of an offence and a speech in mitigation is made by him or on his behalf before--

(a) a court determining what sentence should be passed on him in respect of the offence, or

(b) a magistrates' court determining whether he should be committed to the Crown Court for sentence.

(2) This section also applies where a sentence has been passed on a person in respect of an offence and a submission relating to the sentence is made by him or on his behalf before--

(a) a court hearing an appeal against or reviewing the sentence, or

(b) a court determining whether to grant leave to appeal against the sentence.

(3) Where it appears to the court that there is a real possibility that an order under subsection (8) will be made in relation to the assertion, the court may make an order under subsection (7) in relation to the assertion.

(4) Where there are substantial grounds for believing--

(a) that an assertion forming part of the speech or submission is derogatory to a person's character (for instance, because it suggests that his conduct is or has been criminal, immoral or improper), and

(b) that the assertion is false or that the facts asserted are irrelevant to the sentence,

the court may make an order under subsection (8) in relation to the assertion.

(5) An order under subsection (7) or (8) must not be made in relation to an assertion if it appears to the court that the assertion was previously made--

(a) at the trial at which the person was convicted of the offence, or

(b) during any other proceedings relating to the offence.

(6) Section 59 has effect where a court makes an order under subsection (7) or (8).

(7) An order under this subsection--

(a) may be made at any time before the court has made a determination with regard to sentencing;

(b) may be revoked at any time by the court;

(8) An order under this subsection--

(a) may be made after the court has made a determination with regard to sentencing, but only if it is made as soon as is reasonably practicable after the making of the determination;

(b) may be revoked at any time by the court;

(c) subject to paragraph (b), shall cease to have effect at the end of the period of 12 months beginning with the day on which it is made;

(d) may be made whether or not an order has been made under subsection (7) with regard to the case concerned.

(9) For the purposes of subsections (7) and (8) the court makes a determination with regard to sentencing--

(a) when it determines what sentence should be passed (where this section applies by virtue of subsection (1)(a));

(b) when it determines whether the person should be committed to the Crown Court for sentence (where this section applies by virtue of subsection (1)(b));

(d) when it determines whether to grant leave to appeal (where this section applies by virtue of subsection (2)(b)).

59 Restriction on reporting of assertions

(1) Where a court makes an order under section 58(7) or (8) in relation to any assertion, at any time when the order has effect the assertion must not--

(a) be published in Great Britain in a written publication available to the public, or

(b) be included in a relevant programme for reception in Great Britain.

(2) In this section--

"relevant programme" means a programme included in a programme service, within the meaning of the [1990 c. 42.] Broadcasting Act 1990;
"written publication" includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(3) For the purposes of this section an assertion is published or included in a programme if the material published or included--

(a) names the person about whom the assertion is made or, without naming him, contains enough to make it likely that members of the public will identify him as the person about whom it is made, and

(b) reproduces the actual wording of the matter asserted or contains its substance.

60 Reporting of assertions: offences

(1) If an assertion is published or included in a relevant programme in contravention of section 59, each of the following persons is guilty of an offence--

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) in the case of publication in any other form, the person publishing the assertion;

(c) in the case of an assertion included in a relevant programme, any body corporate 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) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence--

(a) he was not aware, and neither suspected nor had reason to suspect, that an order under section 58(7) or (8) had effect at that time, or

(b) he was not aware, and neither suspected nor had reason to suspect, that the publication or programme in question was of, or (as the case may be) included, the assertion in question.

(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In relation to a body corporate whose affairs are managed by its members "director" in subsection (4) means a member of the body corporate.

(6) Subsections (2) and (3) of section 59 apply for the purposes of this section as they apply for the purposes of that.

61 Reporting of assertions: commencement and supplementary

(1) Section 58 applies where the offence mentioned in subsection (1) or (2) of that section is committed 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.

(3) Nothing in section 58 or 59 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(4) Nothing in section 58 or 59 affects section 3 of the [1888 c. 64.] Law of Libel Amendment Act 1888 (privilege of newspaper reports of court proceedings).

(5) Section 8 of the Law of Libel Amendment Act 1888 (order of judge required for prosecution for libel published in a newspaper) does not apply to a prosecution for an offence under section 60.

(6) In section 159 of the [1988 c. 33.] Criminal Justice Act 1988 (appeal to Court of Appeal against orders restricting reports etc.) in subsection (1) the following paragraph shall be inserted after paragraph (a)--

" (aa) an order made by the Crown Court under section 58(7) or (8) of the [1996 c. 00.] Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment; " .

Evidence: special provisions

62 Television links and video recordings

(1) In section 32 of the [1988 c. 33.] Criminal Justice Act 1988 (evidence through television links) the following subsections shall be inserted after subsection (3B)--

" (3C) Where--

(a) the court gives leave for a person to give evidence through a live television link, and

(b) the leave is given by virtue of subsection (1)(b) above,

then, subject to subsection (3D) below, the person concerned may not give evidence otherwise than through a live television link.

(3D) In a case falling within subsection (3C) above the court may give permission for the person to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission.

(3E) Permission may be given under subsection (3D) above--

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

(b) of the court's own motion;

but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given by virtue of subsection (1)(b) above. "

(2) In section 32A of the [1988 c. 33.] Criminal Justice Act 1988 (video recordings of testimony from child witnesses) the following subsections shall be inserted after subsection (6)--

" (6A) Where the court gives leave under subsection (2) above the child witness shall not give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording; but this is subject to subsection (6B) below.

(6B) In a case falling within subsection (6A) above the court may give permission for the child witness to give relevant evidence (within the meaning given by subsection (6D) below) otherwise than by means of the video recording if it appears to the court to be in the interests of justice to give such permission.

(6C) Permission may be given under subsection (6B) above--

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

(b) of the court's own motion;

but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given under subsection (2) above.

(6D) For the purposes of subsections (6A) and (6B) above evidence is relevant evidence if--

(a) it is evidence in chief on behalf of the party who tendered the video recording, and

(b) it relates to matter which, in the opinion of the court, is dealt with in the recording and which the court has not directed to be excluded under subsection (3) above. "

(3) This section applies where the leave concerned is given on or after the appointed day.

(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

63 Road traffic and transport: provision of specimens

(1) In section 7(3) of the [1988 c. 52.] Road Traffic Act 1988 (provision of blood or urine in course of investigating whether certain road traffic offences have been committed) after paragraph (b) there shall be inserted--

" (bb) a device of the type mentioned in subsection (1)(a) above has been used at the police station but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or " .

(2) In section 31(4) of the [1992 c. 42.] Transport and Works Act 1992 (provision of blood or urine in course of investigating whether certain offences have been committed by persons working on transport systems) the word "or" at the end of paragraph (b) shall be omitted and after that paragraph there shall be inserted--

(3) This section applies where it is proposed to make a requirement mentioned in section 7(3) of the 1988 Act or section 31(3) of the 1992 Act after the appointed day.

(4) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.

64 Checks against fingerprints etc

(1) In section 63A of the [1984 c. 60.] Police and Criminal Evidence Act 1984 the following subsections shall be substituted for subsection (1) (checks against fingerprints etc. where a person has been arrested on suspicion of being involved in a recordable offence)--

" (1) Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against--

(a) other fingerprints or samples to which the person seeking to check has access and which are held by or on behalf of a police force (or police forces) falling within subsection (1A) below or are held in connection with or as a result of an investigation of an offence;

(b) information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.

(1A) Each of the following police forces falls within this subsection--

(a) a police force within the meaning given by section 62 of the [1964 c. 48.] Police Act 1964 (which relates to England and Wales);

(b) a police force within the meaning given by section 50 of the [1967 c. 77.] Police (Scotland) Act 1967;

(d) the States of Jersey Police Force;

(e) the salaried police force of the Island of Guernsey;

(f) the Isle of Man Constabulary. "

(2) This section applies where a person--

(a) is arrested on suspicion of being involved in a recordable offence,

(b) is charged with a recordable offence, or

after the day on which this Act is passed.

Witness orders and summonses

65 Abolition of witness orders

(1) Section 1 of the [1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965 (examining justices to order witness to attend and give evidence before Crown Court) shall be omitted.

(2) In that Act the following words shall be omitted--

(a) in section 3(1) the words "witness order or";

(b) in section 4(1) the words "witness order or" and (where they next occur) "order or";

(d) in section 4(2) the words "a witness order or" and (where they next occur) "order or".

(3) In section 145 of the [1980 c. 43.] Magistrates' Courts Act 1980 (rules) subsection (1)(e) (which relates to witness orders) shall be omitted.

(4) This section shall have effect in accordance with provision made by the Secretary of State by order.

66 Summons to witness to attend Crown Court

(1) The Criminal Procedure (Attendance of Witnesses) Act 1965 shall be amended as follows.

(2) The following shall be substituted for section 2 (summons to witness to attend Crown Court)--

" Issue of witness summons on application

2 Issue of witness summons on application to Crown Court

(1) This section applies where the Crown Court is satisfied that--

(a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence, for the purpose of any criminal proceedings before the Crown Court, and

(b) the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing.

(2) In such a case the Crown Court shall, subject to the following provisions of this section, issue a summons (a witness summons) directed to the person concerned and requiring him to--

(a) attend before the Crown Court at the time and place stated in the summons, and

(b) give the evidence or produce the document or thing.

(3) A witness summons may only be issued under this section on an application; and the Crown Court may refuse to issue the summons if any requirement relating to the application is not fulfilled.

(4) Where a person has been committed for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after the committal.

(5) Where the proceedings concerned have been transferred to the Crown Court, an application must be made as soon as is reasonably practicable after the transfer.

(6) Where the proceedings concerned relate to an offence in relation to which a bill of indictment has been 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 judge) an application must be made as soon as is reasonably practicable after the bill was preferred.

(7) An application must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.

(8) Crown Court rules--

(a) may, in such cases as the rules may specify, require an application to be made by a party to the case;

(b) may, in such cases as the rules may specify, require the service of notice of an application on the person to whom the witness summons is proposed to be directed;

(c) may, in such cases as the rules may specify, require an application to be supported by an affidavit containing such matters as the rules may stipulate;

(d) may, in such cases as the rules may specify, make provision for enabling the person to whom the witness summons is proposed to be directed to be present or represented at the hearing of the application for the witness summons.

(9) Provision contained in Crown Court rules by virtue of subsection (8)(c) above may in particular require an affidavit to--

(a) set out any charge on which the proceedings concerned are based;

(b) specify any stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

(c) specify grounds for believing that the directed person is likely to be able to give any stipulated evidence or produce any stipulated document or thing;

(d) specify grounds for believing that any stipulated evidence is likely to be material evidence;

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