Criminal Procedure and Investigations Act 1996 (c. 25)

(The document as of February, 2008)

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the court may direct accordingly.

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

(3) Crown Court rules may, in such cases as the rules may specify, require the effect of a direction under this section to be notified to the person to whom the summons is directed.

51D Application to make summons ineffective

(1) If a witness summons issued under section 51A is directed to a person who--

(a) applies to the Crown Court,

(b) satisfies the court that he was not served with notice of the application to issue the summons and that he was neither present nor represented at the hearing of the application, and

(c) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,

the court may direct that the summons shall be of no effect.

(2) For the purposes of subsection (1) it is immaterial--

(a) whether or not Crown Court rules require the person to be served with notice of the application to issue the summons;

(b) whether or not Crown Court rules enable the person to be present or represented at the hearing of the application.

(3) In subsection (1)(b) "served" means--

(a) served in accordance with Crown Court rules, in a case where such rules require the person to be served with notice of the application to issue the summons;

(b) served in such way as appears reasonable to the Crown Court, in any other case.

(4) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

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

(6) Crown Court rules may, in such cases as the rules may specify, require the service of notice of an application under this section on the person on whose application the witness summons was issued.

(7) Crown Court rules may, in such cases as the rules may specify, require that where--

(a) a person applying under this section can produce a particular document or thing, but

(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

he must arrange for the document or thing to be available at the hearing of the application.

(8) Where a direction is made under this section that a witness summons shall be of no effect, the person on whose application the summons was issued may be ordered to pay the whole or any part of the costs of the application under this section.

(9) Any costs payable under an order made under subsection (8) shall be taxed by the Master (Taxing Office), and payment of those costs shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case or as a sum adjudged summarily to be paid as a civil debt.

51E Issue of witness summons of Crown Court's own motion

For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to--

(a) attend before the court at the time and place stated in the summons; and

(b) give evidence or produce any document or thing specified in the summons.

51F Application to make summons ineffective

(1) If a witness summons issued under section 51E is directed to a person who--

(a) applies to the Crown Court, and

(b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,

the court may direct that the summons shall be of no effect.

(2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.

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

(4) Crown Court rules may, in such cases as the rules may specify, require that where--

(a) a person applying under this section can produce a particular document or thing, but

(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

he must arrange for the document or thing to be available at the hearing of the application.

51G Punishment for disobedience to witness summons

(1) Any person who without just excuse--

(a) disobeys a witness summons requiring him to attend before the Crown Court; or

(b) disobeys a requirement made by the Crown Court under section 51B,

shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt were in the face of the court.

(2) A person shall not be committed to prison by reason of any disobedience mentioned in subsection (1) for a period exceeding three months.

51H Further process to secure attendance of witnesses

(1) If the Crown Court is satisfied by evidence on oath that--

(a) a witness in respect of whom a witness summons is in force is unlikely to comply with the summons; and

(b) the witness is likely to be able to give evidence likely to be material evidence or produce any document or thing likely to be material evidence in the proceedings,

the Crown Court may issue a warrant to arrest the witness and bring him before the court.

(2) Where a witness who is required to attend before the Crown Court by virtue of a witness summons fails to attend in compliance with the summons, the Crown Court may--

(a) in any case, cause to be served on him a notice requiring him to attend the court forthwith or at such time as may be specified in the notice;

(b) if the court is satisfied that there are reasonable grounds for believing that he has failed to attend without just excuse, or if he has failed to comply with a notice under paragraph (a), issue a warrant to arrest him and bring him before the court.

(3) A witness brought before the Crown Court in pursuance of a warrant under this section may be remanded by that court in custody or on bail (with or without sureties) until such time as the court may appoint for receiving his evidence or dealing with him under section 51G.

(4) Where a witness attends the Crown Court in pursuance of a notice under this section, the court may direct that the notice shall have effect as if it required him to attend at any later time appointed by the court for receiving his evidence or dealing with him under section 51G. "

(2) No subpoena ad testificandum or subpoena duces tecum shall issue after the appointed day in respect of any criminal proceedings for the purposes of which--

(a) a witness summons may be issued under section 51A of the Judicature (Northern Ireland) Act 1978; or

(b) a summons may be issued under Article 118 of the Magistrates' Courts (Northern Ireland) Order 1981 (process for attendance of witnesses in magistrates' courts).

(3) In section 47(4) of the Judicature (Northern Ireland) Act 1978 after the words "Subject to" there shall be inserted the words "section 66(2) of the Criminal Procedure and Investigations Act 1996 (subpoenas not to issue in certain criminal cases) and to".

(4) This section applies in relation to any proceedings for the purposes of which no summons requiring the attendance of a witness has been issued before the appointed day.

(5) The references in subsections (2) and (4) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order. "

29 In section 69(1) for "section 9 of the Criminal Justice Act 1967" substitute "section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968" and for "subsection (3)(a)" substitute "subsection (4)(a)".

30 In section 70 for subsection (1) substitute--

" (1) In Article 10 of the Magistrates' Courts (Northern Ireland) Order 1981--

(a) in paragraph (1) (power of Lord Chancellor to defray expenses in connection with proceedings) after the words "justice or clerk" (where they first occur) there shall be inserted "in relation to any matter other than a criminal matter", and

(b) after paragraph (1) there shall be inserted--

" (1A) The Lord Chancellor shall defray any expenses reasonably incurred by a resident magistrate or other justice of the peace or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution, of the office of that magistrate, justice or clerk in relation to any criminal matter, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith. " . "

31 (1) In section 74 for subsection (1) substitute--

" (1) The Evidence of Alibi Act (Northern Ireland) 1972 shall cease to have effect. "

(2) In section 74 omit subsections (2) and (3).

(3) In section 74 for subsection (4) substitute--

" (4) In Article 8(6) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (disclosure in cases involving fraud) in sub-paragraph (a) for the words "section 1 of the Evidence of Alibi Act (Northern Ireland) 1972" there shall be substituted the words "section 5(7) of the Criminal Procedure and Investigations Act 1996". "

32 In section 75(1) for "sections 52(3) and 54(7)" substitute "section 54(7)".

33 For section 76 substitute--

" 76 Power of magistrates' courts

Anything authorised or required by this Act to be done by, to or before the magistrates' court by, to or before which any other thing was done, or is to be done, may be done by, to or before any magistrates' court acting for the same county court division as that court. "

34 In section 80 omit "(or revoked)".

35 For Schedule 3 substitute--

" SCHEDULE 3 FRAUD

Introduction

1 The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 shall be amended as provided by this Schedule.

Notice of transfer

2 In Article 3 (transfer of certain fraud cases to the Crown Court) in paragraph (1)(b)(ii) for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".

Preparatory hearings

3 (1) Article 6 (power to order preparatory hearing) shall be amended as follows.

(2) In paragraph (1) for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".

(3) Paragraphs (3) to (5) (power to make order that could be made at the hearing) shall be omitted.

4 (1) Article 8 (the preparatory hearing) shall be amended as follows.

(2) In paragraph (7) (warning of possible consequence under Article 9(1)) the word "(1)" shall be omitted.

(3) In paragraph (10) for the words "at or for the purposes of a preparatory hearing" there shall be substituted "under this Article".

5 The following Article shall be inserted after Article 8--

" 8A Orders before preparatory hearing

(1) Paragraph (2) applies where--

(a) a judge orders a preparatory hearing, and

(b) he decides that any order which could be made under Article 8(4) or (5) 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) paragraphs (4) to (10) of Article 8 shall apply accordingly. "

6 The following Article shall be substituted for Article 9 (later stages of trial)--

" 9 Later stages of trial

(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under Article 8.

(2) Where--

(a) a party departs from the case he disclosed in pursuance of a requirement imposed under Article 8, 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 Article no part--

(a) of a statement given under Article 8(5), 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 Article 8,

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

Reporting restrictions

7 The following Articles shall be substituted for Article 10 (reporting restrictions)--

" 10 Restrictions on reporting

(1) Except as provided by this Article--

(a) no written report of proceedings falling within paragraph (2) shall be published in Northern Ireland;

(b) no report of proceedings falling within paragraph (2) shall be included in a relevant programme for reception in Northern Ireland.

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

(a) an application under Article 5(1);

(b) a preparatory hearing;

(d) an appeal in relation to such a hearing.

(3) The judge dealing with an application under Article 5(1) may order that paragraph (1) shall not apply, or shall not apply to a specified extent, to a report of the application.

(4) The judge dealing with a preparatory hearing may order that paragraph (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 Article 8(11) in relation to the preparatory hearing.

(5) The Court of Appeal may order that paragraph (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 Article 8(11) in relation to a preparatory hearing,

(b) an application to that Court for leave to appeal to it under Article 8(11) 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 Criminal Appeal (Northern Ireland) Act 1980 in relation to a preparatory hearing.

(6) The House of Lords may order that paragraph (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 (Northern Ireland) Act 1980 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 (Northern Ireland) Act 1980 in relation to a preparatory hearing.

(7) Where there is only one accused and he objects to the making of an order under paragraph (3), (4), (5) or (6) 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.

(8) Where there are two or more accused and one or more of them objects to the making of an order under paragraph (3), (4), (5) or (6) 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.

(9) Paragraph (1) does not apply to--

(a) the publication of a report of an application under Article 5(1), or

(b) the inclusion in a relevant programme of a report of an application under Article 5(1),

where the application is successful.

(10) Where--

(a) two or more persons are jointly charged, and

(b) applications under Article 5(1) are made by more than one of them,

paragraph (9) shall have effect as if for the words "the application is" there were substituted "all the applications are".

(11) Paragraph (1) does not apply to--

(a) the publication of a report of an unsuccessful application made under Article 5(1),

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

(c) 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 unsuccessful application made under Article 5(1),

(e) the inclusion in a relevant programme of a report of a preparatory hearing, or

(f) 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.

(12) Paragraph (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 offence or offences, or a summary of them, with which the accused is or are charged;

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

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

(g) any arrangements as to bail;

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

(13) The addresses that may be published or included in a relevant programme under paragraph (12) 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.

(14) The following is relevant business information for the purposes of paragraph (12)--

(a) any address used by the accused for carrying on a business on his own account;

(b) the name of any business which he was carrying on on his own account at any relevant time;

(d) the address of any such firm;

(e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

(f) the address of the registered or principal office of any such company;

(g) any working address of the accused in his capacity as a person engaged by any such company;

and here "engaged" means engaged under a contract of service or a contract for services, and "relevant time" has the same meaning as in paragraph (13).

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

(16) In this Article--

(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.

10A Offences in connection with reporting

(1) If a report is published or included in a relevant programme in contravention of Article 10 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 Article 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 Article shall not be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

(4) Paragraph (16) of Article 10 applies for the purposes of this Article as it applies for the purposes of that. "

General

8 (1) This Schedule applies in relation to an offence if--

(a) the accused is committed for trial on the charge concerned, or proceedings for the trial on the charge concerned are transferred to the Crown Court, on or after the appointed day, or

(b) an indictment relating to the offence is presented on or after the appointed day under the authority of section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.

(2) References in this paragraph to the appointed day are to such day as is appointed for the purposes of this Schedule by the Secretary of State by order. "

36 For Schedule 5 substitute--

" SCHEDULE 5 [Section 80.] Repeals

1. War Crimes

Chapter or Number	Short title	Extent of repeal
1981 NI 18.	The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.	In Article 29(2), sub-paragraph (d) and the word "or" immediately before it.
1991 c. 13.	The War Crimes Act 1991.	Section 1(4), so far as relating to Part II of the Schedule.
		Section 3(3).
		Part II of the Schedule.

2. Summonses to Witnesses

Chapter	Short title	Extent of repeal
1831 c. 44.	The Tumultuous Risings (Ireland) Act 1831.	Section 8.

This repeal has effect in accordance with section 66 of this Act.

3. Alibi

Chapter or Number	Short title	Extent of repeal
1972 c. 6 (N.I.).	The Evidence of Alibi Act (Northern Ireland) 1972.	The whole Act.
1980 NI 6.	The Criminal Justice (Northern Ireland) Order 1980.	In Schedule 1, paragraph 61.
1988 NI 16.	The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.	In the Schedule, paragraph 3.
1995 NI 3.	The Children's Evidence (Northern Ireland) Order 1995.	In Schedule 2, paragraph 6.

These repeals have effect in accordance with section 74 of this Act.

4. Fraud

Chapter or Number	Short title	Extent of repeal
1988 NI 16.	The Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988.	Article 6(3) to (5).
		In Article 8(7) the word "(1)".
1990 c. 42.	The Broadcasting Act 1990.	In Schedule 20, paragraph 50.

These repeals have effect in accordance with Schedule 3 to this Act. "

SCHEDULE 5 Repeals

1. Reinstatement of certain provisions

Chapter	Short title	Extent of repeal
1994 c. 33.	Criminal Justice and Public Order Act 1994.	Section 34(7).
		Section 36(8).
		Section 37(7).
		Section 44.
		Schedule 4.
		In Schedule 11, the entries mentioned in note 1 below.

1 The entries in Schedule 11 to the 1994 Act are those relating to the following--

(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.

2 The repeals under this paragraph (reinstatement of certain provisions) have effect in accordance with section 44 of this Act.

2. War Crimes

Chapter	Short title	Extent of repeal
1988 c. 34.	Legal Aid Act 1988.	Section 20(4)(bb).
1991 c. 13.	War Crimes Act 1991.	In section 1(4) the words "England, Wales or".
		Section 3(2).

3. Either Way Offences

Chapter	Short title	Extent of repeal
1980 c. 43.	Magistrates' Courts Act 1980.	Section 19(2)(a).

This repeal has effect in accordance with section 49 of this Act.

4. Remand

Chapter	Short title	Extent of repeal
1980 c. 43.	Magistrates' Courts Act 1980.	In section 128, subsections (1A)(c) and (3A)(c).
		In section 128A(1) the words "who has attained the age of 17".

These repeals have effect in accordance with section 52 of this Act.

5. Specimens

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