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.