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Criminal Justice Act 2003

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All reference to 'Parts' and 'sections' are from the Criminal Justice Act 2003. For other versions of these Explanatory Notes, seeMore Resources.

  1. Introduction

  2. Summary and Background

    1. Part 1 – Amendments of Police and Criminal Evidence Act 1984

    2. Part 2 – Bail

    3. Part 3 – Conditional Cautions

    4. Part 4 – Charging etc

    5. Part 5 – Disclosure

    6. Part 6 – Allocation and sending of offences

    7. Part 7 – Trials on indictment without a jury

    8. Part 8 – Live links

    9. Part 9 – Prosecution appeals

    10. Part 10 – Retrial for serious offences

    11. Part 11 – Evidence

    12. Part 12 – Sentencing

    13. Part 13- Miscellaneous

  3. Territorial Application

  4. Commentary on Sections

    1. Part 1: Amendments of Police and Criminal Evidence Act 1984

      1. Section 1: Extension of powers to stop and search

      2. Section 2: Warrants to enter and search

      3. Section 3: Arrestable offences

      4. Section 4: Bail elsewhere than at a police station

      5. Section 5: Drug Testing for under eighteens

      6. Section 6: Use of telephones for review of police detention

      7. Section 7: Limits on periods of detention without charge

      8. Section 8: Property of detained persons

      9. Section 9: Taking fingerprints without consent

      10. Section 10: Taking non-intimate samples without consent

      11. Section 11: Codes of practice

      12. Section 12: Amendments related to Part 1

    2. Part 2 : Bail

      1. Section 13: Grant and conditions of bail

      2. Section 14: Offences committed on bail

      3. Section 15: Absconding by persons released on bail

      4. Section 16: Appeal to Crown Court

      5. Section 17: Appeals to the High Court

      6. Section 18: Appeal by prosecution

      7. Section 19: Drug users: restriction on bail

      8. Section 20:  Supplementary amendments to the Bail Act 1976

      9. Section 21:  Interpretation of Part 2

    3. Part 3: Conditional Cautions

      1. Section 22: Conditional cautions

      2. Section 23: The five requirements

      3. Section 24: Failure to comply with the conditions

      4. Section 25: Code of practice

      5. Section 26:  Assistance of National Probation Service

      6. Section 27:  Interpretation of Part 3

    4. Part 4: Charging Etc

      1. Section 28: Charging or release of persons in police detention

      2. Section 29: New method of instituting proceedings

      3. Section 30:  Further provision about new method

      4. Section 31: Removal of requirement to substantiate information on oath

    5. Part 5: Disclosure

      1. Section 32: Initial duty of disclosure by prosecutor

      2. Section 33: Defence disclosure

      3. Section 34: Notification of intention to call defence witnesses

      4. Section 35: Notification of names of experts instructed by defendant

      5. Section 36: Further provisions about defence disclosure

      6. Section 37: Continuing duty of disclosure by prosecutor

      7. Section 38: Application by defence for disclosure

      8. Section 39: Faults in defence disclosure

      9. Section 40:  Code of practice for police interviews of witnesses notified by accused

    6. Part 6: Allocation and Transfer of Offences

      1. Section 41: Allocation of offences triable either way, and sending cases to Crown Court

        1. Sending cases to the Crown Court etc.

      2. Section 42: Mode of trial for certain firearms offences ; transitory arrangements

    7. Part 7 : Trials on Indictment Without a Jury

      1. Section 43: Application by prosecution for certain fraud trials to be conducted without a jury

      2. Sections 44 and 46: Application for prosecution for trial to be conducted without a jury where danger of jury tampering; discharge of jury because of jury tampering

      3. Section 45: Procedure for applications under sections 43 and 44.

      4. Section 47: Appeals

      5. Section 48: Further provision about trials without a jury

      6. Section 49: Rules of court

      7. Section 50: Application of Part 7 to Northern Ireland

    8. Part 8 – Live Links

      1. Section 51: Live links in criminal proceedings

      2. Section 52: Effect of, and rescission of, direction

      3. Section 53: Magistrates’ courts permitted to sit at other locations

      4. Section 54: Warning to the jury

      5. Section 55: Rules of court

      6. Section 56: Interpretation of Part 8

    9. Part 9: Prosecution Appeals

      1. Section 57:  Introduction

      2. Section 58:  General right of appeal

      3. Section 59: Expedited and non-expedited appeals

      4. Section 60: Continuation of proceedings for offences not affected by ruling

      5. Section 61: Determination of appeal by Court of Appeal

      6. Section 62: Right of appeal in respect of evidentiary rulings

      7. Section 63: Condition that evidentiary ruling significantly weakens prosecution case

      8. Section 64: Expedited and non-expedited appeals

      9. Section 65: Continuation of proceedings for offences not affected by ruling

      10. Section 66: Determination of appeal by Court of Appeal

      11. Section 67: Reversal of rulings

      12. Section 68: Appeals to the House of Lords

      13. Section 69: Costs

      14. Section 70: Effect on time limits in relation to preliminary stages

      15. Section 71: Restrictions on reporting

      16. Section 72: Offences in connection with reporting

      17. Section 73 Rules of court

      18. Section 74: Interpretation of Part 9

    10. Part 10: Retrial for Serious Offences

      1. Section 75: Cases that may be retried

      2. Section 76: Application to Court of Appeal

      3. Section 77: Determination by Court of Appeal

      4. Section 78: New and compelling evidence

      5. Section 79:  Interests of justice

      6. Section 80: Procedure and evidence

      7. Section 81: Appeals

      8. Section 82: Restrictions on publication in the interests of justice

      9. Section 83: Offences in connection with publication restrictions

      10. Section 84: Retrial

      11. Section 86: Urgent investigative steps

      12. Section 87: Arrest and charge

      13. Section 88: Bail and custody before application

      14. Section 89: Bail and custody before hearing

      15. Section 90: Bail and custody during and after hearing

      16. Section 91: Revocation of bail

      17. Section 92: Functions of the DPP

      18. Section 93: Rules of Court

      19. Section 94: Armed Forces: Part 10

      20. Section 95: Interpretation of Part 10

      21. Section 96: Application of Part 10 to Northern Ireland

      22. Section 97: Application of Criminal Appeal Acts to proceedings under Part 10

    11. Part 11 - Evidence

      1. Chapter 1 : Evidence of Bad Character

        1. Section 98: Bad Character and Section 99: Abolition of common law rules

        2. Section 100 – Non-defendant’s bad character

        3. Sections 101 to 108: defendants

        4. Section 101: Defendant’s bad character

        5. Section 102: “Important explanatory evidence”

        6. Section 103: “Matter in issue between the defendant and the prosecution”

        7. Section 104: “Matter in issue between the defendant and a co-defendant”

        8. Section 105: “Evidence to correct a false impression”

        9. Section 106: “Attack on another person’s character”

        10. Section 107: Stopping the case where evidence contaminated

        11. Section 108 – Offences committed by defendant when a child

        12. Section 109: Assumption of truth in assessment of relevance or probative value

        13. Section 110: Court's duty to give reason for rulings

        14. Section 111:  Rules of court

        15. Section 112: Interpretation of Chapter 1

        16. Section 113: Armed forces

      2. Chapter 2: Hearsay evidence

        1. Section 114: Admissibility of hearsay evidence

        2. Section 115: Statements and matters stated

        3. Section 116: Cases where a witness is unavailable

        4. Section 117: Business and other documents

        5. Section 118: Preservation of common law categories of admissibility

        6. Section 119: Inconsistent statements.

        7. Section 120: Other previous statements by witnesses

        8. Section 121: Additional requirement for admissibility of multiple hearsay

        9. Section 122:  Documents produced as exhibits

        10. Section 123: Capability to make statement

        11. Section 124:  Credibility

        12. Section 125: Stopping the case where evidence is unconvincing

        13. Section 126:  Court's general discretion to exclude evidence

        14. Section 127: Expert evidence: preparatory work

        15. Section 128:  Confessions

        16. Section 129:  Representations other than by a person

        17. Section 130: Depositions

        18. Section 131: Evidence at retrial

        19. Section 132: Rules of court

        20. Section 133: Proof of statements in documents

        21. Sections 134-136 : Final provisions

      3. Chapter 3 : Miscellaneous and Supplemental

        1. Section 137: Evidence by video recording

        2. Section 138: Video evidence : further provisions

        3. Section 139: Use of documents to refresh memory

    12. Part 12 - Sentencing

      1. Chapter 1: General provisions about sentencing

        1. Section 142: Purposes of sentencing

        2. Section 143: Determining the seriousness of an offence

        3. Section 144: Reduction in sentence for guilty pleas

        4. Section 145: Increase in sentence for racial or religious aggravation

        5. Section 146: Increase in sentences for aggravation related to disability or sexual orientation

        6. Section 147: Meaning of “community sentence” etc.

        7. Section 148: Restrictions on imposing a community sentence

        8. Section 149: Passing of community sentence on offender remanded in custody

        9. Section 150: Community sentence not available where sentence fixed by law, etc.

        10. Section 151: Community order for persistent offender previously fined

        11. Section 152: General restrictions on imposing discretionary custodial sentences

        12. Section 153: Length of discretionary custodial sentences: general provision

        13. Section 154:  General limits on magistrates’ court’s power to impose imprisonment

        14. Section 155:  Consecutive terms of imprisonment

        15. Section 156: Pre-sentence reports and other requirements

        16. Section 157: Additional requirements in case of mentally disordered offender

        17. Section 158: Meaning of “pre-sentence reports”

        18. Section 159: Disclosure of pre-sentence reports

        19. Section 160: Other reports of local probation boards and members of youth offending teams

        20. Section 161: Pre-sentence drug testing

        21. Section 162: Powers to order statement as to offender’s financial circumstances

        22. Section 163: General power of the Crown Court to fine offender convicted on indictment

        23. Section 164: Fixing of fines

        24. Section 165: Remission of fines

        25. Section 167: The Sentencing Guidelines Council

        26. Section 168: Sentencing Guidelines Council supplementary provisions

        27. Section 169: The Sentencing Advisory Panel

        28. Section 170: Guidelines relating to sentencing and allocation

        29. Section 171: Functions of Sentencing Advisory Panel in relation to guidelines

        30. Section 172: Duty of court to have regard to sentencing guidelines

        31. Section 173: Annual report by Council

        32. Section 174: Duty to give reasons for, and explain effect of, sentence

        33. Section 175: Duty to publish information about sentencing

        34. Section 176: Interpretation of Chapter 1

      2. Chapter 2 : Community Sentences for offenders aged 16 or over

        1. Section 177: Community orders

        2. Section 178: Power to provide for court review of community orders

        3. Section 179: Breach, revocation or amendment of community order

        4. Section 180: Transfer of community orders to Scotland or Northern Ireland

      3. Chapter 3 : Prison sentences of less than 12 months

        1. Section 181: Prison sentences of less than 12 months

        2. Section 182: Licence conditions

        3. Section 183: Intermittent custody

        4. Section 184: Restrictions on power to make intermittent custody order

        5. Section 185 Intermittent custody: licence conditions

        6. Section 186: Further provisions relating to intermittent custody

        7. Section 187: Revocation or amendment of order

        8. Section 188: Transfer of custody plus order or intermittent custody order to Scotland or Northern Ireland

        9. Section 189: Suspended sentences of imprisonment

        10. Section 190: Imposition of requirements by suspended sentence order

        11. Section 191: Power to provide for review of suspended sentence order

        12. Section 192: Periodic reviews of suspended sentence order

        13. Section 193: Breach, revocation or amendment of suspended sentence order, and effect of further conviction

        14. Section 194: Transfer of suspended sentence orders to Scotland or Northern Ireland

        15. Section 195: Interpretation of Chapter 3

      4. Chapter 4 : Further provisions about orders under Chapters 2 and 3

        1. Section 196: Meaning of “relevant order”

        2. Section 197: Meaning of “the responsible officer”

        3. Section 198: Duties of responsible officer

        4. Section 199: Unpaid work requirement

        5. Section 200: Obligations of person subject to unpaid work requirement

        6. Section 201: Activity requirement

        7. Section 202: Programme requirement

        8. Section 203: Prohibited activity requirement

        9. Section 204: Curfew requirement

        10. Section 205: Exclusion requirement

        11. Section 206: Residence requirement

        12. Section 207: Mental health treatment requirement

        13. Section 208: Mental health treatment at place other than that specified in order

        14. Section 209: Drug rehabilitation requirement

        15. Section 210: Drug rehabilitation requirement: provision for review by court

        16. Section 211: Periodic review of drug rehabilitation requirement

        17. Section 212: Alcohol treatment requirement

        18. Section 213: Supervision requirement

        19. Section 214: Attendance centre requirement

        20. Section 215: Electronic monitoring requirement

        21. Section 216: Petty sessions area to be specified in relevant order

        22. Section 217: Requirement to avoid conflict with religious beliefs, etc.

        23. Section 218: Availability of arrangements in local area

        24. Section 219: Provision of copies of relevant orders

        25. Section 220: Duty of offender to keep in touch with responsible officer

        26. Section 221: Provision of attendance centres

        27. Section 222: Rules

        28. Section 223: Power to amend limits

      5. Chapter 5: Dangerous offenders

        1. Section 224: Meaning of “specified offence” etc

        2. Section 225: Life sentence or imprisonment for public protection for serious offences

        3. Section 226: Detention for life or detention for public protection for serious offences committed by those under 18

        4. Section 227: Extended sentence for certain violent and sexual offences: persons 18 or over

        5. Section 228: Extended sentence for certain violent or sexual offenders: persons under 18

        6. Section 229: The assessment of dangerousness

        7. Section 230: Imprisonment or detention for public protection: release on licence

        8. Section 231: Appeals where previous convictions set aside

        9. Section 232: Certificates of convictions for the purposes of section 229

        10. Section 233: Offences under service law

        11. Section 234: Determination of day when offence committed

        12. Section 235: Detention under Sections 226 and 228

        13. Section 236: Conversion of sentences of detention into sentences of imprisonment

      6. Chapter 6: Release of Prisoners on Licence

        1. Section 237: Meaning of “fixed-term prisoner”

        2. Section 238: Power of the court to recommend licence conditions for certain prisoner

        3. Section 239: The Parole Board

        4. Section 240: Crediting of periods of remand in custody: terms of imprisonment and detention

        5. Section 241: Effect of direction under section 240 on release on licence

        6. Section 242: Interpretation of sections 240 and 241

        7. Section 243: Persons extradited to the United Kingdom

        8. Section 244: Duty to release prisoners

        9. Section 245: Restrictions on operation of section 244(1) in relation to intermittent custody Prisoners

        10. Section 246: Power to release prisoners on licence before required to do so

        11. Section 247: Release on licence of prisoner serving extended sentence under section 227 or 228

        12. Section 248: Power to release prisoners on compassionate grounds

        13. Section 249: Duration of licence

        14. Section 250: Licence conditions

        15. Section 251: Licence conditions on re-release of prisoner serving sentence of less than 12 months

        16. Section 252: Duty to comply with licence conditions

        17. Section 253: Curfew condition to be included in licence under section 246

        18. Section 254: Recall of prisoners while on licence

        19. Section 255: Recall of prisoners released under s.246

        20. Section 256: Further release after recall

        21. Section 257: Additional days for disciplinary offences

        22. Section 258: Early release of fine defaulters and contemnors

        23. Section 259: Persons liable to removal from the United Kingdom

        24. Section 260: Early removal of prisoners liable to removal from United Kingdom

        25. Section 261: Re-entry into United Kingdom of offender removed from prison early

        26. Section 262: Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

        27. Section 263: Concurrent terms

        28. Section 264: Consecutive terms

        29. Section 265: Restriction on consecutive sentences for released prisoners

        30. Section 266: Release on licence, etc: drug testing requirements

        31. Section 267: Alteration by order of relevant proportion of sentence

        32. Section 268: Interpretation of Chapter 6

      7. Chapter 7: Effect of Life Sentence

        1. Section 269: Determination of minimum term in relation to mandatory life sentence

        2. Section 270: Duty to give reasons

        3. Section 271: Appeals

        4. Section 272: Review of minimum term on reference by Attorney General

        5. Section 273: Life prisoners transferred to England and Wales & Section 274: Further provisions about references relating to transferred life prisoners

        6. Section 275: Duty to release certain life prisoners

        7. Section 276: Mandatory life sentences : transitional cases

      8. Chapter 8: Other Provisions about sentencing

        1. Section 278: Deferment of Sentence

        2. Section 279: Drug treatment and testing requirement in action plan order or supervision order

        3. Section 280: Alteration of penalties for summary offences

        4. Section 281: Alteration of penalties for other summary offences

        5. Section 282: Increase in maximum term that may be imposed on summary conviction of offence triable either way

        6. Section 283: Enabling powers: alteration of maximum penalties

        7. Section 284: Increase in penalties for drug related offences

        8. Section 285: Increase in penalties for certain driving-related offences causing deaths

        9. Section 286: Increase in penalties for offences under section 174 of Road Traffic Act 1988

        10. Section 287: Minimum sentence for certain firearms offences

        11. Section 288: Certain firearms offences to be triable only on indictment

        12. Section 289: Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

        13. Section 290: Power to sentence young offender to detention in respect of certain firearms offences: Scotland

        14. Section 291: Power by order to exclude application of minimum sentence to those under 18

        15. Section 292: Sentencing for firearms offences in Northern Ireland

        16. Section 293: Increase in penalty for offences relating to importation or exportation of certain firearms

        17. Section 294: Duration of directions under Mental Health Act 1983 in relation to offenders

        18. Section 295: Access to Parole Board for certain patients serving prison sentences

        19. Section 296: Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

        20. Section 297: Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients

        21. Section 298: Term of a detention and training order

        22. Section 299: Disqualification from working with children

        23. Section 300: Power to impose unpaid work requirement or curfew requirement on fine defaulter

        24. Section 301: Fine defaulters: driving disqualification

      9. Chapter 9 : Supplementary

        1. Section 302: Execution of process between England and Wales and Scotland

        2. Section 303: Sentencing: repeals

        3. Section 304: Amendments relating to sentencing

        4. Section 305: Interpretation of Part 12

    13. Part 13 : Miscellaneous

      1. Section: 306: Limit on period of detention without charge of suspected terrorists

        1. Section 307: Enforcement of regulations implementing Community legislation on endangered species:

        2. Section 308: Non-appearance of defendant: plea of guilty

        3. Section 309: Preparatory hearings for serious offences not involving fraud

        4. Section 310: Preparatory hearings to deal with severance and joinder of charges

        5. Section 311: Reporting restrictions for preparatory hearings

        6. Section 312: Award of costs

        7. Section 313:  Extension of investigations by Criminal Cases Review Commission in England and Wales

        8. Section 314:  Extension of investigations by Criminal Cases Review Commission in Northern Ireland

        9. Section 315:  Appeals following reference by Criminal Cases Review Commission

        10. Section 316:  Power to substitute conviction of alternative offence on appeal in England and Wales.

        11. Section 317:  Power to substitute conviction of alternative offence on appeal in Northern Ireland

        12. Section 318:  Power to substitute conviction of alternative offence on appeal from court-martial

        13. Section 319:  Appeals against sentences in England and Wales

        14. Section 320: Offence of outraging public decency triable either way

        15. Section 321: Jury service

        16. Section 322: Individual support orders

        17. Section 323: Individual support orders: consequential amendments

        18. Section 324: Parenting orders and referral orders

        19. Section 325: Arrangements for assessing etc. risks posed by certain offenders

        20. Section 326: Review of arrangements

        21. Section 327: Section 325 – interpretation

        22. Section 328: Criminal record certificates: amendments of Part 5 of Police Act 1997

        23. Section 329:  Civil proceedings for trespass to the person brought by an offender

    14. Part 14 : General

      1. Section 330: Orders and rules

      2. Section 331: Further minor and consequential amendments

      3. Section 332: Repeals

      4. Section 333: Supplementary and consequential provision etc

      5. Section 334:Provisions for Northern Ireland

      6. Section 336: Commencement

      7. Section 337: Extent

      8. Section 338: Channel Islands and Isle of Man

  5. Schedules

    1. Schedule 1: Amendments related to Part 1

    2. Schedule 8 – Breach, revocation and amendment of community order

    3. Schedule 9 – Transfer of community orders to Scotland or Northern Ireland

    4. Schedule 10: Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    5. Schedule 11 – Transfer of custody plus orders or intermittent custody orders to Scotland or Northern Ireland

      1. Parts 2 and 3

      2. Part 4

    6. Schedule 12: Breach, revocation and amendment of suspended sentence order, and effect of further conviction

    7. Schedule 13 – Transfer of suspended sentence orders to Scotland or Northern Ireland

      1. Parts 1 and 2

      2. Part 3

      3. Part 4

    8. Schedule 14 – Persons to whom copies of requirements to be provided in particular cases

    9. Schedule 18: Release of prisoners serving sentences of imprisonment or detention for public protection

    10. Schedule 19: The Parole Board: supplementary provisions

    11. Schedule 20: Prisoners liable to removal from the United Kingdom: modifications of the Criminal Justice Act 1991

    12. Schedule 21: Determination of minimum term in relation to mandatory life sentences

      1. Paragraph 4

      2. Paragraph 5

      3. Paragraphs 6 and 7

      4. Paragraphs 8 to 12

    13. Schedule 22 : Mandatory Life Sentences: Transitional Cases

      1. Paragraph 1

        1. Existing prisoners notified by Secretary of State: Paragraphs 2, 3 and 4

        2. Existing prisoners not notified by Secretary of State: Paragraphs 5 to 8

        3. Sentences passed on or after commencement date in respect of offences committed before that date: Paragraphs 9 and 10

      2. Paragraph 11

      3. Paragraphs 12 to 18

    14. Schedule 23: Deferment of sentence

    15. Schedule 24: Drug treatment and testing requirement in action plan order or supervision order

    16. Schedule 25: Summary offences no longer punishable with imprisonment

    17. Schedule 26: Increase in maximum term for certain summary offences

    18. Schedule 27: Enabling powers: alteration of maximum penalties etc.

    19. Schedule 28: Increase in penalties for drug-related offences

    20. Schedule 30: Disqualification from working with children

    21. Schedule 31: Default orders: modification of provisions relating to community orders

    22. Schedule 32: Amendments relating to sentencing

    23. Schedule 33: Jury service

      1. Paragraphs 2, 3, 14 and 15

      2. Paragraphs 4 to 11

    24. Schedule 34: Parenting Order attached to Referral Order

    25. Schedule 38: Transitory, transitional and savings provisions

  6. Hansard References

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