Search Legislation

Criminal Justice Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 85

 Help about opening options

Alternative versions:

Changes to legislation:

Criminal Justice Act 2003, Section 85 is up to date with all changes known to be in force on or before 28 January 2025. 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. Help about Changes to Legislation

85Authorisation of investigationsE+W+N.I.

This section has no associated Explanatory Notes

(1)This section applies to the investigation of the commission of a qualifying offence by a person—

(a)acquitted in proceedings within section 75(1) of the qualifying offence, or

(b)acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.

(2)Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—

(a)has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or

(b)has given his written consent to the investigation (whether before or after the start of the investigation).

(3)The officer may not, either with or without the consent of the acquitted person—

(a)arrest or question him,

(b)search him or premises owned or occupied by him,

(c)search a vehicle owned by him or anything in or on such a vehicle,

(d)seize anything in his possession, or

(e)take his fingerprints or take a sample from him.

(4)The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—

(a)if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or

(b)in any other case, is of the rank of assistant chief constable or above.

(5)An officer may make an application under subsection (4) only if—

(a)he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.

(6)The Director of Public Prosecutions may not give his consent unless satisfied that—

(a)there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and

(b)it is in the public interest for the investigation to proceed.

(7)In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.

Commencement Information

I1S. 85 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2)

Back to top

Options/Help

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules 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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules 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?

You have chosen to open Schedules only

The Schedules 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?