Part I Criminal Procedure, etc.
Committal proceedings
1 Committal for trial without consideration of the evidence.
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Miscellaneous provisions as to evidence, procedure and trial
8 Proof of criminal intent.
A court or jury, in determining whether a person has committed an offence,—
a
shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but
b
shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.
C2C3C4C5C6C8C10C13C12C11C179C1 Proof by written statement.
1
In any criminal proceedingsF41, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.
2
The said conditions are—
a
the statement purports to be signed by the person who made it;
b
the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;
c
before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and
d
none of the other parties or their solicitors, F44within the relevant period, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:
Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.
C18F432A
For the purposes of subsection (2)(d), “the relevant period” is—
a
such number of days, which may not be less than seven, from the service of the copy of the statement as may be prescribed by Criminal Procedure Rules, or
b
if no such number is prescribed, seven days from the service of the copy of the statement.
F453
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4
Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—
a
the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and
b
the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.
5
An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable
b
subject to subsection (5A), by a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) sitting alone.
5A
Subsection (5)(b) applies only where the application in question is to the Crown Court.
F466
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7
Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.
F478
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C7C9C15C14C1610 Proof by formal admission.
1
Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.
2
An admission under this section—
a
may be made before or at the proceedings;
b
if made otherwise than in court, shall be in writing;
c
if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;
d
if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;
e
if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or at the proceedings in question.
3
An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).
4
An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.
F37 11 Notice of alibi.
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F3912 Application of sections 9 to 11 to courts-martial.
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17 Entry of verdict of not guilty by order of a judge.
Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without F33any further steps being taken in the proceedings, and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury F34or a court.
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19
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2
For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.
20 Power of magistrates’ court to commit on bail for sentence.
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22 Extension of power of High Court to grant, or vary conditions of, bail.
F101
Where
F29a
b
it does so where an application to the court to state a case for the opinion of the High Court is made,
the High Court may F31 ... grant bail or vary the conditions.
F351A
Where a magistrates' court withholds bail in extradition proceedings or imposes conditions in granting bail in extradition proceedings, the High Court may grant bail or vary the conditions.
2
Where the High Court grants a person bail under this section it may direct him to appear at a time and place which the F11magistrates’ court could have directed and the recognizance of any surety shall be conditioned accordingly.
3
Subsections F12... (4) and (6) of section 37 of the M2Criminal Justice Act 1948 (ancillary provisions as to persons F13granted to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons F13granted bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons F13granted bail in pursuance of those powers F32...
4
5
The powers conferred on the High Court by this section shall be in substitution for the powers so conferred by paragraphs (a), (b) and (c) of section 37(1) of the M4Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.
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25 Restriction on issue of search warrants under Obscene Publications Act 1959.
A justice of the peace shall not issue a warrant under section 3(1) of the M5Obscene Publications Act 1959 (search for and seizure of obscene articles) except on an information laid by or on behalf of the Director of Public Prosecutions or by a constable.
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31
1
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3
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F3832 Amendments of Costs in Criminal Cases Act 1952.
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33 Taking and use of finger-prints and palm-prints.
F2834 Committal of persons under twenty-one accused of extradition crimes, etc.
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36 Interpretation of Part I.
1
In this Part of this Act—
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F42“committal proceedings” means proceedings before a magistrates’ court acting a s examining justices;F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“director”, in relation to a body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body.
2
Expressions used in any provision of this Part of this Act relating to magistrates’ courts or proceedings before such courts and also used in F27the Magistrates’ Courts Act 1980 have the same meanings in any such provision as they have in that Act.