Part IDisclosure

Introduction

1Application of this Part

1

This Part applies where—

a

a person is charged with a summary offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty,

b

a person who has attained the age of 18 is charged with an offence which is triable either way, in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty, or

c

a person under the age of 18 is charged with an indictable offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty.

2

This Part also applies where—

a

a person is charged with an indictable offence and he is committed for trial for the offence concerned,

b

a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 (serious or complex fraud),

c

a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer served on a magistrates' court under section 53 of the [1991 c. 53.] Criminal Justice Act 1991 (certain cases involving children),

d

a count charging a person with a summary offence is included in an indictment under the authority of section 40 of the [1988 c. 33.] Criminal Justice Act 1988 (common assault etc.), or

e

a bill of indictment charging a person with an indictable offence is preferred under the authority of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).

3

This Part applies in relation to alleged offences into which no criminal investigation has begun before the appointed day.

4

For the purposes of this section a criminal investigation is an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained—

a

whether a person should be charged with an offence, or

b

whether a person charged with an offence is guilty of it.

5

The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this Part by the Secretary of State by order.