Sch. 36 para. 1 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to
Sch. 36 para. 3 wholly in force at 1.1.2007, see s. 336(3) and S.I. 2006/3217, art. 2 (subject to art. 3)
Sch. 36 para. 5 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 3 partly in force; Sch 26 Pt. 3 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 3 in force for E.W at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(a) (subject to art. 2(2), Sch. 2); Sch. 36 Pt. 3 in force for N.I. at 15.7.2005 by S.I. 2005/1817, art. 2(1)(2) (subject to art. 2(3))
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 para. 81 wholly in force at 4.4.2005; Sch. 36 para. 81 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 81 in force for certain purposes at 1.1.2005 by S.I. 2004/3033, art. 4; Sch. 36 para. 81 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(b) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 82 wholly in force at 4.4.2005; Sch. 36 para. 82 not in force at Royal Assent, see s. 336(3); Sch. 39 para. 82 in force for certain purposes at 1.1.2005 by S.I. 2004/3033, art. 4; Sch. 36 para. 82 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(b) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 83 wholly in force at 4.4.2005; Sch. 36 para. 83 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 83 in force for certain purposes at 1.1.2005 by S.I. 2004/3033, art. 4; Sch. 36 para. 83 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(b) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 84 wholly in force at 4.4.2005; Sch. 36 para. 84 not in force at Royal Assent, see. s. 336(3); Sch. 36 para. 84 in force for certain purposes at 1.1.2005 by S.I. 2005/3033, art. 4; Sch. 36 para. 84 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 43(b) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 86 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))
Sch. 36 para. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 88 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 89 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))
Sch. 36 para. 90 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 91 wholly in force at 8.1.2007; Sch. 36 para. 91 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 91 in force for certain purposes at 4.4.2005 and 18.5.2005 by S.I. 2005/950, arts. 2(1), 3, Sch. 1 para. 43(c); Sch. 36 para. 91 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 para. 91 wholly in force at 8.1.2007; Sch. 36 para. 91 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 90(6) in force at 18.4.2005 by S.I. 2005/950, art. 3; Sch. 36 para. 91(1)-(5)(7) in force at 8.1.2007 by S.I. 2006/3422, art. 2
Sch. 36 para. 95 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 96 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)
Sch. 36 para. 97 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))
Sch. 36 para. 98 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
Section 331
The Bail Act 1976 is amended as follows.
Section 5(6A)(a) (supplementary provisions about decisions on bail) is amended as follows.
After “examination)” there is inserted
After sub-paragraph (ii) there is inserted—
section 17C (intention as to plea: adjournment), or
After sub-paragraph (iii) there is inserted
or
section 24C (intention as to plea by child or young person: adjournment),
In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted—
References in this Schedule to previous grants of bail include— bail granted before the coming into force of this Act; as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 14(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph; as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section 15(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph; as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph; as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph; as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph.
Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.
In subsection (1)(g) after “examination)” there is inserted
In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted and after that sub-paragraph there is inserted—
section 17C (intention as to plea: adjournment);
In subsection (1)(g) after sub-paragraph (iii) there is inserted
or
section 24C (intention as to plea by child or young person: adjournment);
In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted by custody officer after charge)—
for “2” there is substituted
after “1976” there is inserted
In section 39 of the Criminal Law Act 1977 (service of summons and citation throughout United Kingdom) for subsection (1) there is substituted—
The following documents, namely— a summons requiring a person charged with an offence to appear before a court in England or Wales, a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence, a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales, and any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) or (c) above, may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.
The Magistrates' Courts Act 1980 is amended as follows.
Section 1 (issue of summons to accused or warrant for his arrest) is amended as follows.
In subsection (3) after “section” there is inserted
In subsection (4) after “summons” there is inserted
In subsection (6) after “has” there is inserted
After subsection (6) there is inserted—
Where the offence charged is an indictable offence and a written charge and requisition have previously been issued, a warrant may be issued under this section by a justice of the peace upon a copy of the written charge (rather than an information) being laid before the justice by a public prosecutor.
After subsection (7) there is inserted—
For the purposes of subsection (6A) above, a copy of a written charge may be laid before, and a warrant under this section may be issued by, a single justice of the peace.
In section 150(1) (interpretation of other terms) after the definition of “prescribed” there is inserted—
“
Section 15 of the Prosecution of Offences Act 1985 (interpretation) is amended as follows.
In subsection (1) after the definition of “public authority” there is inserted—
“
In subsection (2), after paragraph (b) there is inserted—
where a public prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;
Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation, etc, of witnesses, jurors and others) is amended as follows.
In subsection (9), for the word “and” at the end of the definition of “potential” there is substituted—
“
In subsection (10)(a), after sub-paragraph (i) there is inserted—
when a public prosecutor issues a written charge and requisition in respect of the offence;
Section 60 of the Drug Trafficking Act 1994 (prosecution by order of Commissioners of Customs and Excise) is amended as follows.
In subsection (6) for the word “and” at the end of the definition of “officer” there is substituted—
“
In subsection (6A), after paragraph (a) there is inserted—
when a public prosecutor issues a written charge and requisition in respect of the offence;
Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.
In subsection (2)(a), after sub-paragraph (i) there is inserted—
when a public prosecutor issues a written charge and requisition in respect of the offence;
After subsection (2) there is inserted—
In subsection (2) above “
Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an offence: timing) is amended as follows.
In sub-paragraph (1), after paragraph (a) there is inserted—
when a public prosecutor issues a written charge and requisition in respect of the offence;
After sub-paragraph (2) there is inserted—
In sub-paragraph (1)
“
Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.
In subsection (1), after paragraph (a) there is inserted—
when a public prosecutor issues a written charge and requisition in respect of the offence;
After subsection (8) there is inserted—
In this section “
After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—
This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor— a written charge (within the meaning of section 29 of the Criminal Justice Act 2003), a requisition (within the meaning of that section). The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom. Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language. A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court. If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service. Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question. But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance). A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State. But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met. The conditions are— that the correct address of the person is unknown, that it has not been possible to serve the written charge or requisition by post, that there are good reasons for thinking that service by post will not be effective or is inappropriate.
In section 22B of the Prosecution of Offences Act 1985 (re-institution of proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for “section 3, 4, 7 or 9” there is substituted
In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.
In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i) and (iii) of paragraph (5) are omitted.
The Criminal Procedure and Investigations Act 1996 is amended as follows.
In section 3 (primary disclosure by prosecutor), for the heading there is substituted “Initial duty of prosecutor to disclose”.
In section 4 (primary disclosure: further provisions), in the heading for “Primary disclosure” there is substituted
In section 5 (compulsory disclosure by accused), subsections (6) to (9) are omitted.
In section 6 (voluntary disclosure by accused), subsection (3) is omitted.
Section 7 (secondary disclosure by prosecutor) shall cease to have effect.
Section 9 (continuing duty of prosecutor to disclose) shall cease to have effect.
In section 10 (prosecutor’s failure to observe time limits), in subsection (1), for paragraph (b) there is substituted—
purports to act under section 7A(5) after the end of the period which, by virtue of section 12, is the relevant period for section 7A.
In section 12 (time limits)—
in subsection (1), for “and 7” there is substituted
in subsection (5), for “7” there is substituted
In section 13 (time limits: transitional), for subsection (2) there is substituted—
As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if— in paragraph (a) for the words from “during the period” to the end, and in paragraph (b) for “during that period”, there were substituted
In section 14 (public interest: review for summary trials), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted
In section 15 (public interest: review in other cases), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted
In section 16 (applications: opportunity to be heard), in paragraph (a) and in the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted
In section 17 (confidentiality of disclosed information), in subsection (1)(a), for “7, 9” there is substituted
In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), 9(8)” there is substituted
In section 20 (other statutory rules as to disclosure)—
subsection (2) is omitted, and
in subsection (5)(a), for “sections 3 to 9” there is substituted
In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) and (c) of subsection (6) are omitted.
Section 77 (orders and regulations) is amended as follows.
In subsection (5)—
after “No” there is inserted
after “section” there is inserted
In subsection (6)(b) after “regulations” there is inserted
In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), 7(5), 8(5) or 9(8)” there is substituted
In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which, when in force, will add a subsection (6) to section 1 of the Criminal Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is substituted
Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.
In subsection (5)(a) for “are to” there is substituted
In subsection (5)(b) after “discharged” there is inserted
In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury” there is inserted
In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—
for “the defendant being given in charge to a jury” there is substituted
after “verdict of a jury” there is inserted
In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of offences) after “jury” there is inserted
In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—
for “the jury were discharged from giving a verdict” there is substituted
for “convicting him” there is substituted
Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) is amended as follows.
In subsection (6A) for “the jury are sworn” there is substituted
After subsection (6A) there is inserted—
The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for— the making of an order under Part 7 of the Criminal Justice Act 2003, or the application of section 75 of the Terrorism Act 2000.
In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power to order retrial) for “the jury were discharged from giving a verdict” there is substituted
Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of place of trial) is amended as follows.
In subsection (2A) for “the jury are sworn” there is substituted
After subsection (2A) there is inserted—
The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows.
In subsection (1) after “indictment” there is inserted
In subsection (2) after “indictment” there is inserted
After subsection (2) there is inserted—
In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
The Prosecution of Offences Act 1985 is amended as follows.
In section 7A(6)(a)
(powers of non-legal staff) for “by a jury” there is substituted
Section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.
In subsection (11A)—
for “when a jury is sworn” there is substituted
for “a jury is sworn” there is substituted
After that subsection there is inserted—
The references in subsection (11A) above to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
The Criminal Justice Act 1987 is amended as follows.
Section 7 (power to order preparatory hearing) is amended as follows.
In subsection (1) for “the jury are sworn” there is substituted
After subsection (2) there is inserted—
The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
Section 9 (the preparatory hearing) is amended as follows.
In subsection (4)(b) for “the jury” there is substituted
In subsection (13) for “no jury shall be sworn” there is substituted
Section 10 (later stages of trial) is amended as follows.
In subsection (2) after “jury” there is inserted
In subsection (3) for “deciding whether to give leave” there is substituted
In subsection (4) for “Except as provided by this section” there is substituted
The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.
Article 6 (power to order preparatory hearing) is amended as follows.
In paragraph (1) for “the jury are sworn” there is substituted
After paragraph (2) there is inserted—
The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for— the making of an order under Part 7 of the Criminal Justice Act 2003, or the application of section 75 of the Terrorism Act 2000.
Article 8 (the preparatory hearing) is amended as follows.
In paragraph (4)(b) for “the jury” there is substituted
In paragraph (12) for “no jury shall be sworn” there is substituted
Article 9 (later stages of trial) (as originally enacted) is amended as follows.
In paragraph (1) after “jury” there is inserted
In paragraph (2) for “deciding whether to give leave” there is substituted
In paragraph (3) for “Except as provided by this Article” there is substituted
Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25)) is amended as follows.
In paragraph (2) after “jury” there is inserted
In paragraph (3) for “deciding whether to give leave” there is substituted
In paragraph (4) for “Except as provided by this Article” there is substituted
Article 75 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (confessions of mentally handicapped persons) is amended as follows.
In paragraph (1) after “indictment” there is inserted
In paragraph (2) after “indictment” there is inserted
After paragraph (2) there is inserted—
In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
The Criminal Justice and Public Order Act 1994 is amended as follows.
In section 35(2)
(effect of accused’s silence at trial) after “indictment” there is inserted
In section 51(10)(b)
(intimidation of witnesses, jurors and others) after “finding” there is inserted
The Criminal Procedure and Investigations Act 1996 is amended as follows.
Section 29 (power to order preparatory hearing) is amended as follows.
In subsection (1)(a) for “the jury are sworn” there is substituted
After subsection (4) there is inserted—
The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
In section 31(4)(b)
(the preparatory hearing) for “the jury” there is substituted
Section 34 (later stages of trial) is amended as follows.
In subsection (2) after “jury” there is inserted
In subsection (3) for “deciding whether to give leave” there is substituted
In subsection (4) for “Except as provided by this section” there is substituted
In section 35(2)
(appeals to Court of Appeal) for “no jury shall be sworn” there is substituted
In section 36(2)
(appeals to House of Lords) for “no jury shall be sworn” there is substituted
Section 39 (meaning of pre-trial hearing) is amended as follows.
In subsection (3)—
for “when a jury is sworn” there is substituted
for “a jury is sworn” there is substituted
After that subsection there is inserted—
The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
Schedule 4 (modifications for Northern Ireland) is amended as follows.
In paragraph 15 after the substituted version of section 39(2) there is inserted—
But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.
In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—
for “when a jury is sworn” there is substituted
for “a jury is sworn” there is substituted
After paragraph 15 there is inserted—
In section 39(4) for “(3)” substitute
In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for “a jury properly to convict him” there is substituted
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
In section 32 (warning to jury) after “indictment” there is inserted
In section 39(1)
(warning to jury) after “indictment” there is inserted
In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (general interpretation) after “finding” there is inserted
In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after “finding” there is inserted
In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for offence may be proved if not admitted)—
for “A witness may be” there is substituted
the words “and upon being so questioned, if” are omitted.
In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—
at the beginning of subsection (2) there is inserted
subsection (3) is omitted.
In section 99(1) of the Army Act 1955 (rules of evidence) after “courts-martial etc)” there is inserted
In section 99(1) of the Air Force Act 1955 (rules of evidence) after “courts-martial etc)” there is inserted
In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after “courts-martial etc)” there is inserted
In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of evidence) after “paragraph 12 below” there is inserted
Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
In subsection (1)
(commission of offence by non-defendant) for the words from “, where to do so” to “committed that offence” there is substituted
In subsection (3) (commission of offence by defendant) the words from “in so far” to “he is charged,” are omitted.
The Criminal Appeal Act 1968 is amended as follows.
In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;
In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—
In this section “
In section 45 (construction of references to Court of Appeal)—
in subsection (1), for “section 44A” there is substituted
in subsection (2) after “sections” there is inserted
Section 51 (interpretation) is amended as follows.
In subsection (1) the definition of “the defendant” is omitted.
After that subsection there is inserted—
In Part 2 of this Act “the defendant”— in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal, in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act; and, subject to section 33(1A) of this Act, “
The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
Section 19 (legal aid) is amended as follows.
In subsection (1) after “an appeal” there is inserted
In subsection (1A) for “for the purpose” there is substituted
In subsection (1A)(a)—
the words “application for leave to” are omitted, and
after “hearings)” there is inserted
For subsection (1A)(b) there is substituted—
any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.
After subsection (1A) there is inserted—
The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.
In subsection (3) for “an appellant” there is substituted
Section 28 (costs) is amended as follows.
In subsection (2)(a) for “this Part” there is substituted
After subsection (2) there is inserted—
The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.
In subsection (2A) after “(2)(a)” there is inserted
In subsection (2G)—
after “(2)(a)” there is inserted
for “subsection (2)” there is substituted
For section 31(3) (definition of defendant and prosecutor) there is substituted—
In this Part of this Act “the defendant”— in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court; in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court; in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below; and, subject to subsection (1A) above, “
In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court.
In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
in subsection (3), for “10” there is substituted
in subsection (9)(b), for “10 and 35(1)” there is substituted
In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for “case”, in both places where it occurs, there is substituted
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .