Criminal Justice Act 2003

Part 3 Disclosure

Prosecution of Offences Act 1985 (c. 23)

17 In section 22B of the Prosecution of Offences Act 1985 (re-institution of proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for “section 3, 4, 7 or 9” there is substituted “section 3, 4 or 7A”.

Criminal Justice Act 1987 (c. 38)

18 In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

19 In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i) and (iii) of paragraph (5) are omitted.

Criminal Procedure and Investigations Act 1996 (c. 25)

20 The Criminal Procedure and Investigations Act 1996 is amended as follows.

21 In section 3 (primary disclosure by prosecutor), for the heading there is substituted “Initial duty of prosecutor to disclose”.

22 In section 4 (primary disclosure: further provisions), in the heading for “Primary disclosure” there is substituted “Initial duty to disclose”.

23 In section 5 (compulsory disclosure by accused), subsections (6) to (9) are omitted.

24 In section 6 (voluntary disclosure by accused), subsection (3) is omitted.

25 Section 7 (secondary disclosure by prosecutor) shall cease to have effect.

26 Section 9 (continuing duty of prosecutor to disclose) shall cease to have effect.

27 In section 10 (prosecutor’s failure to observe time limits), in subsection (1), for paragraph (b) there is substituted—

“(b) purports to act under section 7A(5) after the end of the period which, by virtue of section 12, is the relevant period for section 7A.”

28 In section 12 (time limits)—

(a) in subsection (1), for “and 7” there is substituted “, 6B, 6C and 7A(5)”;

(b) in subsection (5), for “7” there is substituted “7A(5)”.

29 In section 13 (time limits: transitional), for subsection (2) there is substituted—

“(2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if—

(a) in paragraph (a) for the words from “during the period” to the end, and

(b) in paragraph (b) for “during that period”,

there were substituted “as soon as is reasonably practicable after the accused gives the statement in question”.”

30 In section 14 (public interest: review for summary trials), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

31 In section 15 (public interest: review in other cases), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “7A(8) or 8(5)”.

32 In section 16 (applications: opportunity to be heard), in paragraph (a) and in the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “7A(8), 8(5)”.

33 In section 17 (confidentiality of disclosed information), in subsection (1)(a), for “7, 9” there is substituted “7A”.

34 In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), 9(8)” there is substituted “5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5)”.

35 In section 20 (other statutory rules as to disclosure)—

(a) subsection (2) is omitted, and

(b) in subsection (5)(a), for “sections 3 to 9” there is substituted “sections 3 to 8”.

36 In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) and (c) of subsection (6) are omitted.

37 (1) Section 77 (orders and regulations) is amended as follows.

(2) In subsection (5)—

(a) after “No” there is inserted “regulations or”, and

(b) after “section” there is inserted “6A or”.

(3) In subsection (6)(b) after “regulations” there is inserted “(other than regulations under section 6A)”.

38 In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), 7(5), 8(5) or 9(8)” there is substituted “3(6), 7A(8) or 8(5)”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

39 In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which, when in force, will add a subsection (6) to section 1 of the Criminal Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is substituted “section 3 or 7A”.