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Criminal Justice Act 2003

2003 CHAPTER 44

CONTENTS

Go to Preamble

  1. Part 1

    Amendments of Police and Criminal Evidence Act 1984

    1. 1. Extension of powers to stop and search

    2. 2. Warrants to enter and search

    3. 3. Arrestable offences

    4. 4. Bail elsewhere than at police station

    5. 5. Drug testing for under-eighteens

    6. 6. Use of telephones for review of police detention

    7. 7. Limits on period of detention without charge

    8. 8. Property of detained persons

    9. 9. Taking fingerprints without consent

    10. 10. Taking non-intimate samples without consent

    11. 11. Codes of practice

    12. 12. Amendments related to Part 1

  2. Part 2

    Bail

    1. 13. Grant and conditions of bail

    2. 14. Offences committed on bail

    3. 15. Absconding by persons released on bail

    4. 16. Appeal to Crown Court

    5. 17. Appeals to High Court

    6. 18. Appeal by prosecution

    7. 19. Drug users: restriction on bail

    8. 20. Supplementary amendments to the Bail Act 1976

    9. 21. Interpretation of Part 2

  3. Part 3

    Conditional cautions

    1. 22. Conditional cautions

    2. 23. The five requirements

    3. 24. Failure to comply with conditions

    4. 25. Code of practice

    5. 26. Assistance of National Probation Service

    6. 27. Interpretation of Part 3

  4. Part 4

    Charging etc

    1. 28. Charging or release of persons in police detention

    2. 29. New method of instituting proceedings

    3. 30. Further provision about new method

    4. 31. Removal of requirement to substantiate information on oath

  5. Part 5

    Disclosure

    1. 32. Initial duty of disclosure by prosecutor

    2. 33. Defence disclosure

    3. 34. Notification of intention to call defence witnesses

    4. 35. Notification of names of experts instructed by defendant

    5. 36. Further provisions about defence disclosure

    6. 37. Continuing duty of disclosure by prosecutor

    7. 38. Application by defence for disclosure

    8. 39. Faults in defence disclosure

    9. 40. Code of practice for police interviews of witnesses notified by accused

  6. Part 6

    Allocation and sending of offences

    1. 41. Allocation of offences triable either way, and sending cases to Crown Court

    2. 42. Mode of trial for certain firearms offences: transitory arrangements

  7. Part 7

    Trials on indictment without a jury

    1. 43. Applications by prosecution for certain fraud cases to be conducted without a jury

    2. 44. Application by prosecution for trial to be conducted without jury where danger of jury tampering

    3. 45. Procedure for applications under sections 43 and 44

    4. 46. Discharge of jury because of jury tampering

    5. 47. Appeals

    6. 48. Further provision about trials without a jury

    7. 49. Rules of court

    8. 50. Application of Part 7 to Northern Ireland

  8. Part 8

    Live links

    1. 51. Live links in criminal proceedings

    2. 52. Effect of, and rescission of, direction

    3. 53. Magistrates' courts permitted to sit at other locations

    4. 54. Warning to jury

    5. 55. Rules of court

    6. 56. Interpretation of Part 8

  9. Part 9

    Prosecution appeals

    1. Introduction

      1. 57. Introduction

    2. General right of appeal in respect of rulings

      1. 58. General right of appeal in respect of rulings

      2. 59. Expedited and non-expedited appeals

      3. 60. Continuation of proceedings for offences not affected by ruling

      4. 61. Determination of appeal by Court of Appeal

    3. Right of appeal in respect of evidentiary rulings

      1. 62. Right of appeal in respect of evidentiary rulings

      2. 63. Condition that evidentiary ruling significantly weakens prosecution case

      3. 64. Expedited and non-expedited appeals

      4. 65. Continuation of proceedings for offences not affected by ruling

      5. 66. Determination of appeal by Court of Appeal

    4. Miscellaneous and supplemental

      1. 67. Reversal of rulings

      2. 68. Appeals to the House of Lords

      3. 69. Costs

      4. 70. Effect on time limits in relation to preliminary stages

      5. 71. Restrictions on reporting

      6. 72. Offences in connection with reporting

      7. 73. Rules of court

      8. 74. Interpretation of Part 9

  10. Part 10

    Retrial for serious offences

    1. Cases that may be retried

      1. 75. Cases that may be retried

    2. Application for retrial

      1. 76. Application to Court of Appeal

      2. 77. Determination by Court of Appeal

      3. 78. New and compelling evidence

      4. 79. Interests of justice

      5. 80. Procedure and evidence

      6. 81. Appeals

      7. 82. Restrictions on publication in the interests of justice

      8. 83. Offences in connection with publication restrictions

    3. Retrial

      1. 84. Retrial

    4. Investigations

      1. 85. Authorisation of investigations

      2. 86. Urgent investigative steps

    5. Arrest, custody and bail

      1. 87. Arrest and charge

      2. 88. Bail and custody before application

      3. 89. Bail and custody before hearing

      4. 90. Bail and custody during and after hearing

      5. 91. Revocation of bail

    6. Part 10: supplementary

      1. 92. Functions of the DPP

      2. 93. Rules of court

      3. 94. Armed Forces: Part 10

      4. 95. Interpretation of Part 10

      5. 96. Application of Part 10 to Northern Ireland

      6. 97. Application of Criminal Appeal Acts to proceedings under Part 10

  11. Part 11

    Evidence

    1. Chapter 1

      Evidence of bad character

      1. Introductory

        1. 98. “Bad character”

        2. 99. Abolition of common law rules

      2. Persons other than defendants

        1. 100. Non-defendant’s bad character

      3. Defendants

        1. 101. Defendant’s bad character

        2. 102. “Important explanatory evidence”

        3. 103. “Matter in issue between the defendant and the prosecution”

        4. 104. “Matter in issue between the defendant and a co-defendant”

        5. 105. “Evidence to correct a false impression”

        6. 106. “Attack on another person’s character”

        7. 107. Stopping the case where evidence contaminated

        8. 108. Offences committed by defendant when a child

      4. General

        1. 109. Assumption of truth in assessment of relevance or probative value

        2. 110. Court’s duty to give reasons for rulings

        3. 111. Rules of court

        4. 112. Interpretation of Chapter 1

        5. 113. Armed forces

    2. Chapter 2

      Hearsay evidence

      1. Hearsay: main provisions

        1. 114. Admissibility of hearsay evidence

        2. 115. Statements and matters stated

      2. Principal categories of admissibility

        1. 116. Cases where a witness is unavailable

        2. 117. Business and other documents

        3. 118. Preservation of certain common law categories of admissibility

        4. 119. Inconsistent statements

        5. 120. Other previous statements of witnesses

      3. Supplementary

        1. 121. Additional requirement for admissibility of multiple hearsay

        2. 122. Documents produced as exhibits

        3. 123. Capability to make statement

        4. 124. Credibility

        5. 125. Stopping the case where evidence is unconvincing

        6. 126. Court’s general discretion to exclude evidence

      4. Miscellaneous

        1. 127. Expert evidence: preparatory work

        2. 128. Confessions

        3. 129. Representations other than by a person

        4. 130. Depositions

        5. 131. Evidence at retrial

      5. General

        1. 132. Rules of court

        2. 133. Proof of statements in documents

        3. 134. Interpretation of Chapter 2

        4. 135. Armed forces

        5. 136. Repeals etc

    3. Chapter 3

      Miscellaneous and supplemental

      1. 137. Evidence by video recording

      2. 138. Video evidence: further provisions

      3. 139. Use of documents to refresh memory

      4. 140. Interpretation of Chapter 3

      5. 141. Saving

  12. Part 12

    Sentencing

    1. Chapter 1

      General provisions about sentencing

      1. Matters to be taken into account in sentencing

        1. 142. Purposes of sentencing

        2. 143. Determining the seriousness of an offence

        3. 144. Reduction in sentences for guilty pleas

        4. 145. Increase in sentences for racial or religious aggravation

        5. 146. Increase in sentences for aggravation related to disability or sexual orientation

      2. General restrictions on community sentences

        1. 147. Meaning of “community sentence” etc.

        2. 148. Restrictions on imposing community sentences

        3. 149. Passing of community sentence on offender remanded in custody

        4. 150. Community sentence not available where sentence fixed by law etc.

        5. 151. Community order for persistent offender previously fined

      3. General restrictions on discretionary custodial sentences

        1. 152. General restrictions on imposing discretionary custodial sentences

        2. 153. Length of discretionary custodial sentences: general provision

      4. General limit on magistrates' court’s power to impose imprisonment

        1. 154. General limit on magistrates' court’s power to impose imprisonment

        2. 155. Consecutive terms of imprisonment

      5. Procedural requirements for imposing community sentences and discretionary custodial sentences

        1. 156. Pre-sentence reports and other requirements

        2. 157. Additional requirements in case of mentally disordered offender

        3. 158. Meaning of “pre-sentence report”

      6. Disclosure of pre-sentence reports etc

        1. 159. Disclosure of pre-sentence reports

        2. 160. Other reports of local probation boards and members of youth offending teams

      7. Pre-sentence drug testing

        1. 161. Pre-sentence drug testing

      8. Fines

        1. 162. Powers to order statement as to offender’s financial circumstances

        2. 163. General power of Crown Court to fine offender convicted on indictment

        3. 164. Fixing of fines

        4. 165. Remission of fines

      9. Savings for power to mitigate etc

        1. 166. Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders

      10. Sentencing and allocation guidelines

        1. 167. The Sentencing Guidelines Council

        2. 168. Sentencing Guidelines Council: supplementary provisions

        3. 169. The Sentencing Advisory Panel

        4. 170. Guidelines relating to sentencing and allocation

        5. 171. Functions of Sentencing Advisory Panel in relation to guidelines

        6. 172. Duty of court to have regard to sentencing guidelines

        7. 173. Annual report by Council

      11. Duty of court to explain sentence

        1. 174. Duty to give reasons for, and explain effect of, sentence

      12. Publication of information by Secretary of State

        1. 175. Duty to publish information about sentencing

      13. Interpretation of Chapter

        1. 176. Interpretation of Chapter 1

    2. Chapter 2

      Community orders: offenders aged 16 or over

      1. 177. Community orders

      2. 178. Power to provide for court review of community orders

      3. 179. Breach, revocation or amendment of community order

      4. 180. Transfer of community orders to Scotland or Northern Ireland

    3. Chapter 3

      Prison sentences of less than 12 months

      1. Prison sentences of less than twelve months

        1. 181. Prison sentences of less than 12 months

        2. 182. Licence conditions

      2. Intermittent custody

        1. 183. Intermittent custody

        2. 184. Restrictions on power to make intermittent custody order

        3. 185. Intermittent custody: licence conditions

        4. 186. Further provisions relating to intermittent custody

      3. Further provision about custody plus orders and intermittent custody orders

        1. 187. Revocation or amendment of order

        2. 188. Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland

      4. Suspended sentences

        1. 189. Suspended sentences of imprisonment

        2. 190. Imposition of requirements by suspended sentence order

        3. 191. Power to provide for review of suspended sentence order

        4. 192. Periodic reviews of suspended sentence order

        5. 193. Breach, revocation or amendment of suspended sentence order, and effect of further conviction

        6. 194. Transfer of suspended sentence orders to Scotland or Northern Ireland

      5. Interpretation of Chapter

        1. 195. Interpretation of Chapter 3

    4. Chapter 4

      Further provisions about orders under Chapters 2 and 3

      1. Introductory

        1. 196. Meaning of “relevant order”

        2. 197. Meaning of “the responsible officer”

        3. 198. Duties of responsible officer

      2. Requirements available in case of all offenders

        1. 199. Unpaid work requirement

        2. 200. Obligations of person subject to unpaid work requirement

        3. 201. Activity requirement

        4. 202. Programme requirement

        5. 203. Prohibited activity requirement

        6. 204. Curfew requirement

        7. 205. Exclusion requirement

        8. 206. Residence requirement

        9. 207. Mental health treatment requirement

        10. 208. Mental health treatment at place other than that specified in order

        11. 209. Drug rehabilitation requirement

        12. 210. Drug rehabilitation requirement: provision for review by court

        13. 211. Periodic review of drug rehabilitation requirement

        14. 212. Alcohol treatment requirement

        15. 213. Supervision requirement

      3. Requirements available only in case of offenders aged under 25

        1. 214. Attendance centre requirement

      4. Electronic monitoring

        1. 215. Electronic monitoring requirement

      5. Provisions applying to relevant orders generally

        1. 216. Petty sessions area to be specified in relevant order

        2. 217. Requirement to avoid conflict with religious beliefs, etc

        3. 218. Availability of arrangements in local area

        4. 219. Provision of copies of relevant orders

        5. 220. Duty of offender to keep in touch with responsible officer

      6. Powers of Secretary of State

        1. 221. Provision of attendance centres

        2. 222. Rules

        3. 223. Power to amend limits

    5. Chapter 5

      Dangerous offenders

      1. 224. Meaning of “specified offence” etc.

      2. 225. Life sentence or imprisonment for public protection for serious offences

      3. 226. Detention for life or detention for public protection for serious offences committed by those under 18

      4. 227. Extended sentence for certain violent or sexual offences: persons 18 or over

      5. 228. Extended sentence for certain violent or sexual offences: persons under 18

      6. 229. The assessment of dangerousness

      7. 230. Imprisonment or detention for public protection: release on licence

      8. 231. Appeals where previous convictions set aside

      9. 232. Certificates of convictions for purposes of section 229

      10. 233. Offences under service law

      11. 234. Determination of day when offence committed

      12. 235. Detention under sections 226 and 228

      13. 236. Conversion of sentences of detention into sentences of imprisonment

    6. Chapter 6

      Release on licence

      1. Preliminary

        1. 237. Meaning of “fixed-term prisoner”

      2. Power of court to recommend licence conditions

        1. 238. Power of court to recommend licence conditions for certain prisoners

        2. 239. The Parole Board

      3. Effect of remand in custody

        1. 240. Crediting of periods of remand in custody: terms of imprisonment and detention

        2. 241. Effect of direction under section 240 on release on licence

        3. 242. Interpretation of sections 240 and 241

        4. 243. Persons extradited to the United Kingdom

      4. Release on licence

        1. 244. Duty to release prisoners

        2. 245. Restrictions on operation of section 244(1) in relation to intermittent custody prisoners

        3. 246. Power to release prisoners on licence before required to do so

        4. 247. Release on licence of prisoner serving extended sentence under section 227 or 228

        5. 248. Power to release prisoners on compassionate grounds

        6. 249. Duration of licence

        7. 250. Licence conditions

        8. 251. Licence conditions on re-release of prisoner serving sentence of less than 12 months

        9. 252. Duty to comply with licence conditions

        10. 253. Curfew condition to be included in licence under section 246

      5. Recall after release

        1. 254. Recall of prisoners while on licence

        2. 255. Recall of prisoners released early under section 246

        3. 256. Further release after recall

      6. Additional days

        1. 257. Additional days for disciplinary offences

      7. Fine defaulters and contemnors

        1. 258. Ear