- Latest available (Revised)
- Point in Time (14/04/2000)
- Original (As enacted)
Version Superseded: 04/04/2005
Point in time view as at 14/04/2000. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Criminal Procedure and Investigations Act 1996, Section 5 is up to date with all changes known to be in force on or before 06 September 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsections (2) to (4), this section applies where—
(a)this Part applies by virtue of section 1(2), and
(b)the prosecutor complies with section 3 or purports to comply with it.
(2)Where this Part applies by virtue of section 1(2)(b), this section does not apply unless—
(a)a copy of the notice of transfer, and
(b)copies of the documents containing the evidence,
have been given to the accused under regulations made under section 5(9) of the M1Criminal Justice Act 1987.
(3)Where this Part applies by virtue of section 1(2)(c), this section does not apply unless—
(a)a copy of the notice of transfer, and
(b)copies of the documents containing the evidence,
have been given to the accused under regulations made under paragraph 4 of Schedule 6 to the M2Criminal Justice Act 1991.
[F1(3A)Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless—
(a)copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and
(b)a copy of the notice under subsection (7) of section 51 of that Act has been served on him under that subsection.]
(4)Where this Part applies by virtue of section 1(2)(e), this section does not apply unless the prosecutor has served on the accused a copy of the indictment and a copy of the set of documents containing the evidence which is the basis of the charge.
(5)Where this section applies, the accused must give a defence statement to the court and the prosecutor.
(6)For the purposes of this section a defence statement is a written statement—
(a)setting out in general terms the nature of the accused’s defence,
(b)indicating the matters on which he takes issue with the prosecution, and
(c)setting out, in the case of each such matter, the reason why he takes issue with the prosecution.
(7)If the defence statement discloses an alibi the accused must give particulars of the alibi in the statement, including—
(a)the name and address of any witness the accused believes is able to give evidence in support of the alibi, if the name and address are known to the accused when the statement is given;
(b)any information in the accused’s possession which might be of material assistance in finding any such witness, if his name or address is not known to the accused when the statement is given.
(8)For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
(9)The accused must give a defence statement under this section during the period which, by virtue of section 12, is the relevant period for this section.
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F1S. 5(3A) inserted (E.W.) (4.1.1999 for certain purposes and 15.1.2001 otherwise) by 1998 c. 37, s. 119, Sch. 8 para.126; S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: