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(1) This Part applies where a person has been acquitted of a qualifying offence in proceedings—
(a) on indictment in England and Wales,
(b) on appeal against a conviction, verdict or finding in proceedings on indictment in England and Wales, or
(c) on appeal from a decision on such an appeal.
(2) A person acquitted of an offence in proceedings mentioned in subsection (1) is treated for the purposes of that subsection as also acquitted of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except an offence—
(a) of which he has been convicted,
(b) of which he has been found not guilty by reason of insanity, or
(c) in respect of which, in proceedings where he has been found to be under a disability (as defined by section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him.
(3) References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was the subject of an order under section 77(1) or (3).
(4) This Part also applies where a person has been acquitted, in proceedings elsewhere than in the United Kingdom, of an offence under the law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of a qualifying offence.
(5) Conduct punishable under the law in force elsewhere than in the United Kingdom is an offence under that law for the purposes of subsection (4), however it is described in that law.
(6) This Part applies whether the acquittal was before or after the passing of this Act.
(7) References in this Part to acquittal are to acquittal in circumstances within subsection (1) or (4).
(8) In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.
(1) A prosecutor may apply to the Court of Appeal for an order—
(a) quashing a person’s acquittal in proceedings within section 75(1), and
(b) ordering him to be retried for the qualifying offence.
(2) A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—
(a) a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and
(b) if it is, an order that the acquittal is not to be a bar.
(3) A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.
(4) The Director of Public Prosecutions may give his consent only if satisfied that—
(a) there is evidence as respects which the requirements of section 78 appear to be met,
(b) it is in the public interest for the application to proceed, and
(c) any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union relating to the principle of ne bis in idem.
(5) Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.
(1) On an application under section 76(1), the Court of Appeal—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must dismiss the application.
(2) Subsections (3) and (4) apply to an application under section 76(2).
(3) Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.
(4) Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.
(1) The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying offence.
(2) Evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).
(3) Evidence is compelling if—
(a) it is reliable,
(b) it is substantial, and
(c) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.
(4) The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.
(5) For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.
(1) The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2) That question is to be determined having regard in particular to—
(a) whether existing circumstances make a fair trial unlikely;
(b) for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
(c) whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;
(d) whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.
(3) In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.
(4) Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.
(1) A prosecutor who wishes to make an application under section 76(1) or (2) must give notice of the application to the Court of Appeal.
(2) Within two days beginning with the day on which any such notice is given, notice of the application must be served by the prosecutor on the person to whom the application relates, charging him with the offence to which it relates or, if he has been charged with it in accordance with section 87(4), stating that he has been so charged.
(3) Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom.
(4) The Court of Appeal must consider the application at a hearing.
(5) The person to whom the application relates—
(a) is entitled to be present at the hearing, although he may be in custody, unless he is in custody elsewhere than in England and Wales or Northern Ireland, and
(b) is entitled to be represented at the hearing, whether he is present or not.
(6) For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—
(a) order the production of any document, exhibit or other thing, the production of which appears to the court to be necessary for the determination of the application, and
(b) order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the court.
(7) The Court of Appeal may at one hearing consider more than one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment.
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 33 (right of appeal to House of Lords), after subsection (1A) there is inserted—
“(1B) An appeal lies to the House of Lords, at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).”
(3) At the end of that section there is inserted—
“(4) In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.”
(4) In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “or, in the case of an appeal under section 33(1B), by the prosecutor”.
(5) In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who”.
(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.
(2) In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.
(3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.
(4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—
(a) applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and
(b) does not otherwise affect the earlier publication.
(5) After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—
(a) of its own motion, or
(b) on the application of the Director of Public Prosecutions.
(6) Before such notice has been given, an order under this section—
(a) may be made only on the application of the Director of Public Prosecutions, and
(b) may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.
(7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.
(8) Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.
(9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—
(a) when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or
(b) if he is tried pursuant to such an order, at the conclusion of the trial.
(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.
(11) In this section—
“programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant programme” means a programme included in a programme service.
(1) This section applies if—
(a) an order under section 82 is made, whether in England and Wales or Northern Ireland, and
(b) while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.
(2) Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3) Where the publication is a relevant programme—
(a) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an offence.
(5) If an offence under this section committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of, or
(b) to be attributable to any neglect on the part of,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In subsection (5), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(7) If the affairs of a body corporate are managed by its members, “director” in subsection (6) means a member of that body.
(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) Proceedings for an offence under this section may not be instituted—
(a) in England and Wales otherwise than by or with the consent of the Attorney General, or
(b) in Northern Ireland otherwise than by or with the consent of—
(i) before the relevant date, the Attorney General for Northern Ireland, or
(ii) on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
(11) In subsection (10) “the relevant date” means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.
(1) Where a person—
(a) is tried pursuant to an order under section 77(1), or
(b) is tried on indictment pursuant to an order under section 77(3),
the trial must be on an indictment preferred by direction of the Court of Appeal.
(2) After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.
(3) The Court of Appeal must not give leave unless satisfied that—
(a) the prosecutor has acted with due expedition, and
(b) there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.
(4) Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—
(a) for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or
(b) in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.
(5) An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.
(6) Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—
(a) all the parties to the trial agree otherwise,
(b) section 116 applies, or
(c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.
(7) At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.
(1) This section applies to the investigation of the commission of a qualifying offence by a person—
(a) acquitted in proceedings within section 75(1) of the qualifying offence, or
(b) acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.
(2) Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—
(a) has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or
(b) has given his written consent to the investigation (whether before or after the start of the investigation).
(3) The officer may not, either with or without the consent of the acquitted person—
(a) arrest or question him,
(b) search him or premises owned or occupied by him,
(c) search a vehicle owned by him or anything in or on such a vehicle,
(d) seize anything in his possession, or
(e) take his fingerprints or take a sample from him.
(4) The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—
(a) if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or
(b) in any other case, is of the rank of assistant chief constable or above.
(5) An officer may make an application under subsection (4) only if—
(a) he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
(6) The Director of Public Prosecutions may not give his consent unless satisfied that—
(a) there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and
(b) it is in the public interest for the investigation to proceed.
(7) In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.
(1) Section 85 does not prevent an officer from taking any action for the purposes of an investigation if—
(a) the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,
(b) the requirements of subsection (2) are met, and
(c) either—
(i) the action is authorised under subsection (3), or
(ii) the requirements of subsection (5) are met.
(2) The requirements of this subsection are met if—
(a) there has been no undue delay in applying for consent under section 85(2),
(b) that consent has not been refused, and
(c) taking into account the urgency of the situation, it is not reasonably practicable to obtain that consent before taking the action.
(3) An officer of the rank of superintendent or above may authorise the action if—
(a) he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.
(4) An authorisation under subsection (3) must—
(a) if reasonably practicable, be given in writing;
(b) otherwise, be recorded in writing by the officer giving it as soon as is reasonably practicable.
(5) The requirements of this subsection are met if—
(a) there has been no undue delay in applying for authorisation under subsection (3),
(b) that authorisation has not been refused, and
(c) taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.
(6) Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—
(a) new evidence had been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or
(b) the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.
(1) Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—
(a) a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and
(b) that person may not be arrested for that offence except under a warrant so issued.
(2) Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.
(3) Part 4 of the 1984 Act (detention) applies as follows where a person—
(a) is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or
(b) having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.
(4) For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.
(5) For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—
(a) after the evidence becomes available or known to him, or
(b) if later, after he forms that view.
(6) Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—
(a) in subsection (1)—
(i) for “determine whether he has before him” there is substituted “request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is”;
(ii) for “him to do so” there is substituted “that determination to be made”;
(b) in subsection (2)—
(i) for the words from “custody officer determines” to “before him” there is substituted “officer determines that there is not such sufficient evidence”;
(ii) the word “custody” is omitted from the second place where it occurs;
(c) in subsection (3)—
(i) the word “custody” is omitted;
(ii) after “may” there is inserted “direct the custody officer to”;
(d) in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.”;
(e) subsections (7A), (7B) and (8) do not apply;
(f) after subsection (10) there is inserted—
“(10A) The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.”.
(7) Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “and (10A)”.
(8) Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “(who has not been directly involved in the investigation)”.
(1) In relation to a person charged in accordance with section 87(4)—
(a) section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for “either on bail or without bail” there were substituted “on bail”,
(b) section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and
(c) section 43B of the Magistrates' Courts Act 1980 (c. 43) does not apply.
(2) Where such a person is, after being charged—
(a) kept in police detention, or
(b) detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,
he must be brought before the Crown Court as soon as practicable and, in any event, not more than 24 hours after he is charged, and section 46 of the 1984 Act does not apply.
(3) For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—
(a) Sunday,
(b) Christmas Day,
(c) Good Friday, and
(d) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained.
(4) Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—
(a) grant bail for the person to appear, if notice of an application is served on him under section 80(2), before the Court of Appeal at the hearing of that application, or
(b) remand the person in custody to be brought before the Crown Court under section 89(2).
Criminal Justice Act 2003