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PART VII continued
(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) above shall be taxed by the proper officer of the court, 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.
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.
(1) If a witness summons issued under section 2D above 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.
(3) In section 3 (punishment for disobedience to witness summons) after subsection (1) there shall be inserted—
“(1A) Any person who without just excuse disobeys a requirement made by any court under section 2A above shall be guilty of contempt of that court and may be punished summarily by that court as if his contempt had been committed in the face of the court.”
(4) In section 3, in subsection (2) for the words “such disobedience” there shall be substituted “any disobedience mentioned in subsection (1) or (1A) above”.
(5) In section 4 (further process to secure attendance of witness) in the proviso to subsection (1) after the word “give” there shall be inserted “evidence likely to be”.
(6) Schedule 1 (application for direction that witness summons shall be of no effect) shall be omitted.
(7) This section applies in relation to any proceedings for the purpose of which no witness summons has been issued under section 2 of the 1965 Act before 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.
(1) In section 4(1) of the [1965 c. 69.] Criminal Procedure (Attendance of Witnesses) Act 1965 (judge of High Court may issue warrant to arrest witness in respect of whom witness summons is in force) for the words “High Court” there shall be substituted “Crown Court”.
(2) This section shall have effect in accordance with provision made by the Secretary of State by order.
Schedule 2 to this Act (which relates to the use at the trial of written statements and depositions admitted in evidence in committal proceedings) shall have effect.
(1) In section 9 of the [1967 c. 80.] Criminal Justice Act 1967 (proof by written statement) in subsection (3)(a) (statement by person under 21 must give his age) for “twenty-one” there shall be substituted “eighteen”.
(2) This section applies in relation to statements tendered in evidence 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.
(1) In section 53 of the Justices of the [1979 c. 55.] Peace Act 1979 (indemnification of justices and justices' clerks) the following subsection shall be inserted after subsection (1)—
“(1A) So far as the duty mentioned in subsection (1) above relates to criminal matters, that subsection shall have effect as if—
(a) for the word “may” there were substituted “shall”, and
(b) for the words following paragraph (c) there were substituted “unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith”.”
(2) This section applies in relation to things done or omitted 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.
(1) Section 22 of the [1985 c. 23.] Prosecution of Offences Act 1985 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) shall be amended as mentioned in subsections (2) and (3).
(2) In subsection (11) the following shall be substituted for the definition of “preliminary stage”—
“ “preliminary stage”, in relation to any proceedings, does not include any stage after the start of the trial (within the meaning given by subsections (11A) and (11B) below);”.
(3) The following subsections shall be inserted after subsection (11)—
“(11A) For the purposes of this section, the start of a trial on indictment shall be taken to occur 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 the [1996 c. 00.] Criminal Procedure and Investigations Act 1996 (preparatory hearings).
(11B) For the purposes of this section, the start of a summary trial shall be taken to occur—
(a) when the court begins to hear evidence for the prosecution at the trial or to consider whether to exercise its power under section 37(3) of the [1983 c. 20.] Mental Health Act 1983 (power to make hospital order without convicting the accused), or
(b) if the court accepts a plea of guilty without proceeding as mentioned above, when that plea is accepted.”
(4) The [S.I. 1987/299.] Prosecution of Offences (Custody Time Limits) Regulations 1987 shall be amended as follows, but without prejudice to the power to make further regulations amending or revoking the provisions amended—
(a) in regulation 2 (interpretation) for paragraph (3) there shall be substituted—
“(3) In these Regulations any reference to the start of the trial shall be construed in accordance with section 22(11A) and (11B) of the 1985 Act.”;
(b) in regulation 4 (custody time limits in magistrates' courts) in paragraphs (2) and (3) for “commencement” there shall be substituted “start”;
(c) in regulation 5 (custody time limits in Crown Court) for “his arraignment” in paragraphs (3)(a) and (b) and (6)(a) and (b), and for “the accused’s arraignment” in paragraph (5), there shall be substituted “the start of the trial”;
(d) regulation 5(7) (when arraignment occurs) shall be omitted.
(5) This section applies in relation to—
(a) any time limit which begins to run on or after the appointed day, and
(b) any time limit which has begun to run and has not expired before that day,
except that it does not apply in relation to proceedings for an offence for which the accused has been duly arraigned in the Crown Court before that day.
(6) The reference in subsection (5) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.
Schedule 3 (which amends provisions relating to serious or complex fraud) shall have effect.
(1) The [1995 c. 43.] Criminal Procedure (Scotland) Act 1995 shall be amended as follows.
(2) In section 27 (breach of bail conditions: offences) the following subsection shall be inserted after subsection (4)—
“(4A) The fact that the subsequent offence was committed while the accused was on bail shall, unless challenged—
(a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or
(b) in summary proceedings, by preliminary objection before his plea is recorded,
be held as admitted.”.
(3) In subsection (1) of section 65 (prevention of delay in trials), for the words from “shall be discharged forthwith” to the end of the subsection there shall be substituted—
“(a) shall be discharged forthwith from any indictment as respects the offence; and
(b) shall not at any time be proceeded against on indictment as respects the offence”.
(4) In Schedule 9 (certificates as to proof of certain routine matters), in the entry relating to the [1992 c. 20.] Social Security Administration Act 1992, for “Section 114(4)” in column 1 there shall be substituted “Section 112(1)”.
(1) Section 11 of the [1967 c. 80.] Criminal Justice Act 1967 (notice of alibi) shall cease to have effect, but subject to the following provisions of this section.
(2) Subsection (1) does not affect the application of section 11 of the Criminal Justice Act 1967 to proceedings before courts martial by virtue of section 12 of that Act.
(3) The reference in section 12 of the Criminal Justice Act 1967 to section 11 as it applies to proceedings on indictment shall be construed as a reference to it as it would apply to proceedings on indictment apart from subsection (1) of this section.
(4) In section 9(6) of the [1987 c. 38.] Criminal Justice Act 1987 (disclosure in cases involving fraud) in paragraph (a) for the words “section 11 of the [1967 c. 80.] Criminal Justice Act 1967” there shall be substituted “section 5(7) of the Criminal Procedure and Investigations Act 1996”.
(5) This section applies in relation to alleged offences into which no criminal investigation, within the meaning given by section 1(4), has begun before the day appointed under section 1(5).
(1) Subsection (2) applies for the purposes of sections 52(3) and 54(7).
(2) Where an offence is alleged to be committed over a period of more than one day, or at some time during a period of more than one day, it must be taken to be alleged to be committed on the last of the days in the period.
(3) Subsection (2) applies for the purposes of section 61(1) as if “alleged to be” (in each place) were omitted.
In section 148(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (power of court to act where another may act) the reference to that Act includes a reference to this Act.
(1) This section concerns the powers of the Secretary of State to make orders or regulations under this Act.
(2) Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
(3) Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.
(4) Any power to make an order or regulations shall be exercisable by statutory instrument.
(5) No order under section 25 shall have effect unless approved by a resolution of each House of Parliament.
(6) A statutory instrument containing—
(a) an order under section 78, or
(b) regulations,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Subject to subsection (2) and to section 74(2) and (3), nothing in this Act applies to—
(a) proceedings before a court martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957;
(b) proceedings before a Standing Civilian Court;
(c) any investigation conducted with a view to it being ascertained whether a person should be charged with an offence under any of those Acts or whether a person charged with such an offence is guilty of it.
(2) The Secretary of State may by order—
(a) make as regards any proceedings falling within subsection (3) provision which is equivalent to the provisions contained in or made under Part I, subject to such modifications as he thinks fit and specifies in the order;
(b) make as regards any investigation falling within subsection (4) provision which is equivalent to the provisions contained in or made under Part II, subject to such modifications as he thinks fit and specifies in the order.
(3) The proceedings falling within this subsection are—
(a) proceedings before a court martial constituted under the [1955 c. 18.] Army Act 1955;
(b) proceedings before a court martial constituted under the [1955 c. 19.] Air Force Act 1955;
(c) proceedings before a court martial constituted under the [1957 c. 57.] Naval Discipline Act 1957;
(d) proceedings before a Standing Civilian Court.
(4) An investigation falls within this subsection if it is conducted with a view to it being ascertained whether a person should be charged with an offence under any of the Acts mentioned in subsection (3) or whether a person charged with such an offence is guilty of it.
(5) An order under this section may make provision in such way as the Secretary of State thinks fit, and may in particular apply any of the provisions concerned subject to such modifications as he thinks fit and specifies in the order.
(6) Without prejudice to the generality of section 77(3), an order under this section may include provision—
(a) repealing section 11 of the [1967 c. 80.] Criminal Justice Act 1967 (alibi) as it applies to proceedings before courts martial;
(b) amending or repealing any provision of section 12 of that Act or of section 74 above.
(1) This Act does not extend to Scotland, with the exception of—
(a) sections 37, 38, 41, 42, 59, 60, 61(3), 63, 72, 73, 74(2) and (3) and 78, this section and section 81;
(b) paragraphs 6 and 7 of Schedule 3, and paragraph 8 of that Schedule so far as it relates to paragraphs 6 and 7;
(c) paragraph 5 of Schedule 5;
(d) paragraph 12 of Schedule 5 so far as it relates to provisions amending section 11 of the [1987 c. 38.] Criminal Justice Act 1987.
(2) Section 73 extends only to Scotland.
(3) Parts III and VI and sections 44, 47, 65, 67, 68 and 71 do not extend to Northern Ireland.
(4) In its application to Northern Ireland, this Act has effect subject to the modifications set out in Schedule 4.
(5) Section 74(2) and (3) extend to any place where proceedings before courts martial may be held.
(6) Section 78 extends as follows—
(a) so far as it relates to proceedings, it extends to any place where such proceedings may be held;
(b) so far as it relates to investigations, it extends to any place where such investigations may be conducted.
The provisions mentioned in Schedule 5 are repealed (or revoked) to the extent specified in column 3, but subject to any provision of that Schedule.
This Act may be cited as the Criminal Procedure and Investigations Act 1996.
Criminal Procedure and Investigations Act 1996