Criminal Procedure and Investigations Act 1996

Changes over time for: Part II

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Changes to legislation:

Criminal Procedure and Investigations Act 1996, Part II is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 1(6) added by 1997 c. 39 s. 9(4)
s. 5(1A) amendment to earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8 by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
s. 5(1A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 8
s. 5(1A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
s. 13(1)(ba)(b) substituted for s. 13(1)(b) by 2015 c. 9 (N.I.), Sch. 2 para. 8(2) (as inserted) by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
Sch. 4 para. 4(f) and word added by S.I. 2003/1247 (N.I.) Sch. 1 para. 16

Part IIE+W Other Provisions

Criminal Law Amendment Act 1867E+W

14E+WSections 6 and 7 of the M1Criminal Law Amendment Act 1867 (statements taken under section 105 of the M2Magistrates’ Courts Act 1980) shall be omitted.

Marginal Citations

M11867 c. 35.

M21980 c. 43.

Bankers’ Books Evidence Act 1879E+W

15E+W[F1The following shall be inserted at the end of section 4 of the M3Bankers’ Books Evidence Act 1879—

“Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “orally or”.”]

Textual Amendments

F1Sch. 1 paras. 15-19 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

Marginal Citations

M31879 c. 11.

16E+W[F1The following shall be inserted at the end of section 5 of the Bankers’ Books Evidence Act 1879—

Textual Amendments

Administration of Justice (Miscellaneous Provisions) Act 1933E+W

17E+W[F1In section 2 of the M4Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) in proviso (i) to subsection (2) for the words “in any examination or deposition taken before a justice in his presence” there shall be substituted “ to the magistrates’ court inquiring into that offence as examining justices ”.]

Textual Amendments

Marginal Citations

M41933 c. 36.

Criminal Justice Act 1948E+W

18E+W[F1In section 41 of the M5Criminal Justice Act 1948 (evidence by certificate) the following subsection shall be inserted after subsection (5)—

“(5A)Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a)subsection (4), and

(b)in subsection (5), paragraph (b) and the word “or” immediately preceding it.”]

Textual Amendments

Marginal Citations

M51948 c. 58.

Theft Act 1968E+W

19E+W[F1In section 27 of the M6Theft Act 1968 (evidence on charge of theft or handling stolen goods) the following subsection shall be inserted after subsection (4)—

“(4A)Where the proceedings mentioned in subsection (4) above are proceedings before a magistrates’ court inquiring into an offence as examining justices that subsection shall have effect with the omission of the words from “subject to the following conditions” to the end of the subsection.”]

Textual Amendments

Marginal Citations

M61968 c. 60.

F220E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 20 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Children and Young Persons Act 1969E+W

21E+WIn Schedule 5 to the M7Children and Young Persons Act 1969, in paragraph 55 for the words “section 102” there shall be substituted “ section 5B ”.

Marginal Citations

M71969 c. 54.

Criminal Justice Act 1972E+W

22(1)Section 46 of the M8Criminal Justice Act 1972 (written statements made outside England and Wales) shall be amended as follows.E+W

(2)In subsection (1) the following words shall be omitted—

(a)“Section 102 of the Magistrates’ Courts Act 1980 and”;

(b)“which respectively allow”;

(c)“committal proceedings and in other”;

(d)“and section 106 of the said Act of 1980”;

(e)“which punish the making of”;

(f)“102 or”;

(g)“, as the case may be”.

(3)[F3The following subsections shall be inserted after subsection (1)—

“(1A)The following provisions, namely—

(a)so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them,

(b)section 5B of that Act, and

(c)section 106 of that Act,

shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales.

(1B)The following provisions, namely—

(a)so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and

(b)section 5B of that Act,

shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom.

(1C)Where written statements are made outside the United Kingdom—

(a)section 5B of the Magistrates’ Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A);

(b)paragraph 1 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply.”]

(4)Subsection (2) shall be omitted.

Textual Amendments

F3Sch. 1 para. 22(3) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

Marginal Citations

M81972 c. 71.

Sexual Offences (Amendment) Act 1976E+W

F423E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 1 para. 23 repealed (4.12.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/3075, art. 2(2)(c)

Police and Criminal Evidence Act 1984E+W

24E+W[F5The following shall be inserted at the end of section 71 of the M9Police and Criminal Evidence Act 1984 (microfilm copies)—

“Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of the words “authenticated in such manner as the court may approve.””]

Textual Amendments

F5Sch. 1 paras. 24-26 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

Marginal Citations

M91984 c. 60.

25E+W[F5In section 76 of the Police and Criminal Evidence Act 1984 (confessions) the following subsection shall be inserted after subsection (8)—

“(9)Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a)in subsection (1) the words “and is not excluded by the court in pursuance of this section”, and

(b)subsections (2) to (6) and (8).”]

Textual Amendments

26E+W[F5In section 78 of the Police and Criminal Evidence Act 1984 (exclusion of unfair evidence) the following subsection shall be inserted after subsection (2)—

“(3)This section shall not apply in the case of proceedings before a magistrates’ court inquiring into an offence as examining justices.”]

Textual Amendments

F627E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 27 repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2(c), Sch.

Criminal Justice Act 1988E+W

F728E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 1 para. 28 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2, Sch. 1 (subject to art. 2(2) and Sch. 2) and Sch. 1 paras. 28-32 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

F729E+WF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 1 para. 29 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2, Sch. 1 (subject to art. 2(2) and Sch. 2) and Sch. 1 paras. 28-32 repealed (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

F730E+WF9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Sch. 1 para. 30 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2, Sch. 1 (subject to art. 2(2) and Sch. 2) and Sch. 1 paras. 28-32 repealed (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

F731E+WF10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Sch. 1 para. 31 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2, Sch. 1 (subject to art. 2(2) and Sch. 2) and Sch. 1 paras. 28-32 repealed (18.6.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

32E+W[F7In section 30 of the Criminal Justice Act 1988 (expert reports) the following subsection shall be inserted after subsection (4)—

“(4A)Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a)in subsection (1) the words “whether or not the person making it attends to give oral evidence in those proceedings”, and

(b)subsections (2) to (4).”]

Textual Amendments

33E+WF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 1 para. 33 repealed (24.7.2002) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(g)(vii)

34E+W[F12In section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) in subsection (1) for the words from “in an examination” to the end of the subsection there shall be substituted “ to a magistrates’ court inquiring into the offence as examining justices ”.]

Textual Amendments

F12Sch. 1 paras. 34-38 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)(2)(3) (with arts. 3, 4)

Road Traffic Offenders Act 1988E+W

35E+W[F12In section 11 of the M10Road Traffic Offenders Act 1988 (evidence by certificate as to driver, user or owner) the following subsection shall be inserted after subsection (3)—

“(3A)Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a)subsection (2), and

(b)in subsection (3), paragraph (b) and the word “or” immediately preceding it.”]

Textual Amendments

Marginal Citations

M101988 c. 53.

36E+W[F12In section 13 of the Road Traffic Offenders Act 1988 (admissibility of records as evidence) the following subsection shall be inserted after subsection (6)—

“(7)Where the proceedings mentioned in subsection (2) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if—

(a)in subsection (2) the words “to the same extent as oral evidence of that fact is admissible in those proceedings” were omitted;

(b)in subsection (4) the word “and” were inserted at the end of paragraph (a);

(c)in subsection (4), paragraphs (c) and (d) and the words “as if the accused had appeared and admitted it” were omitted.”]

Textual Amendments

37E+W[F12In section 16 of the Road Traffic Offenders Act 1988 (specimens) the following subsection shall be inserted after subsection (6)—

“(6A)Where the proceedings mentioned in section 15(1) of this Act are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of subsection (4).”]

Textual Amendments

38E+W[F12In section 20 of the Road Traffic Offenders Act 1988 (speeding etc.) the following subsection shall be inserted after subsection (8)—

“(8A)Where the proceedings for an offence to which this section applies are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect as if in subsection (8) the words from “and nothing” to the end of the subsection were omitted.”]

Textual Amendments

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Changes over time for: Part II

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Part IIE+W Other Provisions

Criminal Law Amendment Act 1867E+W

Bankers’ Books Evidence Act 1879E+W

Administration of Justice (Miscellaneous Provisions) Act 1933E+W

Criminal Justice Act 1948E+W

Theft Act 1968E+W

Children and Young Persons Act 1969E+W

Criminal Justice Act 1972E+W

Sexual Offences (Amendment) Act 1976E+W

Police and Criminal Evidence Act 1984E+W

Criminal Justice Act 1988E+W

Road Traffic Offenders Act 1988E+W

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Criminal Procedure and Investigations Act 1996

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Changes over time for: Part II

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Changes to Legislation

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Part IIE+W Other Provisions

Criminal Law Amendment Act 1867E+W

Bankers’ Books Evidence Act 1879E+W

Administration of Justice (Miscellaneous Provisions) Act 1933E+W

Criminal Justice Act 1948E+W

Theft Act 1968E+W

Children and Young Persons Act 1969E+W

Criminal Justice Act 1972E+W

Sexual Offences (Amendment) Act 1976E+W

Police and Criminal Evidence Act 1984E+W

Criminal Justice Act 1988E+W

Road Traffic Offenders Act 1988E+W

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