Search Legislation

Criminal Procedure and Investigations Act 1996

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure and Investigations Act 1996. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part I Disclosure

    1. Introduction

      1. 1. Application of this Part.

      2. 2. General interpretation.

    2. The main provisions

      1. 3.Initial duty of prosecutor to disclose.

      2. 4. Initial duty to disclose: further provisions.

      3. 5.Compulsory disclosure by accused.

      4. 6. Voluntary disclosure by accused.

      5. 6A.Contents of defence statement

      6. 6B.Updated disclosure by accused

      7. 6C.Notification of intention to call defence witnesses

      8. 6D.Notification of names of experts instructed by accused

      9. 6E.Disclosure by accused: further provisions

      10. 7. Secondary disclosure by prosecutor.

      11. 7A.Continuing duty of prosecutor to disclose

      12. 8. Application by accused for disclosure.

      13. 9. Continuing duty of prosecutor to disclose.

      14. 10.Prosecutor’s failure to observe time limits.

      15. 11. Faults in disclosure by accused.

    3. Time limits

      1. 12.Time limits.

      2. 13.Time limits: transitional.

    4. Public interest

      1. 14.Public interest: review for summary trials.

      2. 15.Public interest: review in other cases.

      3. 16.Applications: opportunity to be heard.

    5. Confidentiality

      1. 17.Confidentiality of disclosed information.

      2. 18. Confidentiality: contravention.

    6. Other provisions

      1. 19.Rules of court.

      2. 20.Other statutory rules as to disclosure.

      3. 21. Common law rules as to disclosure.

      4. 21A.Code of practice for police interviews of witnesses notified by accused

  3. Part II Criminal Investigations

    1. 22. Introduction.

    2. 23. Code of practice.

    3. 24. Examples of disclosure provisions.

    4. 25. Operation and revision of code.

    5. 26. Effect of code.

    6. 27. Common law rules as to criminal investigations.

  4. Part III Preparatory Hearings

    1. Introduction

      1. 28. Introduction.

    2. Preparatory hearings

      1. 29. Power to order preparatory hearing.

      2. 30. Start of trial and arraignment.

      3. 31. The preparatory hearing.

      4. 32. Orders before preparatory hearing.

      5. 33.Criminal Procedure Rules.

      6. 34. Later stages of trial.

    3. Appeals

      1. 35. Appeals to Court of Appeal.

      2. 36. Appeals to House of Lords.

    4. Reporting restrictions

      1. 37. Restrictions on reporting.

      2. 38. Offences in connection with reporting.

  5. Part IV Rulings

    1. 39.Meaning of pre-trial hearing.

    2. 40. Power to make rulings.

    3. 41. Restrictions on reporting.

    4. 42. Offences in connection with reporting.

    5. 43. Application of this Part.

  6. Part V Committal, Transfer, Etc.

    1. 44. Reinstatement of certain provisions.

    2. 45. Notices of transfer.

    3. 46. War crimes: abolition of transfer procedure.

    4. 47. Committal proceedings.

  7. Part VI Magistrates’ Courts

    1. 48. Non-appearance of accused: issue of warrant.

    2. 49. Either way offences: accused’s intention as to plea.

    3. 50. Enforcement of payment of fines.

    4. 51. Summons to witness and warrant for his arrest.

    5. 52. Remand.

    6. 53. Attachment of earnings.

  8. Part VII Miscellaneous and General

    1. Tainted acquittals

      1. 54. Acquittals tainted by intimidation etc.

      2. 55. Conditions for making order.

      3. 56. Time limits for proceedings.

      4. 57. Tainted acquittals: supplementary.

    2. Derogatory assertions

      1. 58. Orders in respect of certain assertions.

      2. 59. Restriction on reporting of assertions.

      3. 60. Reporting of assertions: offences.

      4. 61. Reporting of assertions: commencement and supplementary.

    3. Evidence: special provisions

      1. 62. Television links and video recordings.

      2. 63. Road traffic and transport: provision of specimens.

      3. 64. Checks against fingerprints etc.

    4. Witness orders and summonses

      1. 65. Abolition of witness orders.

      2. 66. Summons to witness to attend Crown Court.

      3. 67. Witness summons: securing attendance of witness.

    5. Other miscellaneous provisions

      1. 68. Use of written statements and depositions at trial.

      2. 69. Proof by written statement.

      3. 70. Indemnification of justices and justices’ clerks.

      4. 71. Meaning of preliminary stage of criminal proceedings.

      5. 72. Fraud.

      6. 73. Amendments to the Criminal Procedure (Scotland) Act 1995.

      7. 74. Alibi.

    6. General

      1. 75. Time when alleged offence committed.

      2. 76. Power of magistrates’ courts.

      3. 77. Orders and regulations.

      4. 78. Application to armed forces.

      5. 79. Extent.

      6. 80. Repeals.

      7. 81. Citation.

  9. SCHEDULES

    1. SCHEDULE 1

      Committal Proceedings

      1. Part I Magistrates’ Courts Act 1980

        1. Introduction

          1. 1.The Magistrates’ Courts Act 1980 shall be amended as mentioned...

        2. Amendments

          1. 2.(1) Section 4 (general nature of committal proceedings) shall be...

          2. 3.The following sections shall be inserted after section 5— Evidence...

          3. 4.In section 6 (discharge or committal for trial) the following...

          4. 5.(1) Section 25 (change from summary trial to committal proceedings)...

          5. 6.Section 28 (using in summary trial evidence given in committal...

          6. 7.In section 97 (summons to witness and warrant for his...

          7. 8.The following section shall be inserted after section 97— Summons...

          8. 9.Section 102 (written statements before examining justices) shall be omitted....

          9. 10.(1) Section 103 (evidence of children in certain committal proceedings)...

          10. 11.Section 105 (deposition of person dangerously ill may be given...

          11. 12.In section 106 (false written statements tendered in evidence) in...

          12. 13.In Schedule 3 the following shall be substituted for paragraph...

      2. Part II Other Provisions

        1. Criminal Law Amendment Act 1867

          1. 14.Sections 6 and 7 of the Criminal Law Amendment Act...

        2. Bankers’ Books Evidence Act 1879

          1. 15.The following shall be inserted at the end of section...

          2. 16.The following shall be inserted at the end of section...

        3. Administration of Justice (Miscellaneous Provisions) Act 1933

          1. 17.In section 2 of the Administration of Justice (Miscellaneous Provisions)...

        4. Criminal Justice Act 1948

          1. 18.In section 41 of the Criminal Justice Act 1948 (evidence...

        5. Theft Act 1968

          1. 19.In section 27 of the Theft Act 1968 (evidence on...

          2. 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        6. Children and Young Persons Act 1969

          1. 21.In Schedule 5 to the Children and Young Persons Act...

        7. Criminal Justice Act 1972

          1. 22.(1) Section 46 of the Criminal Justice Act 1972 (written...

        8. Sexual Offences (Amendment) Act 1976

          1. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        9. Police and Criminal Evidence Act 1984

          1. 24.The following shall be inserted at the end of section...

          2. 25.In section 76 of the Police and Criminal Evidence Act...

          3. 26.In section 78 of the Police and Criminal Evidence Act...

          4. 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        10. Criminal Justice Act 1988

          1. 28.In section 23 of the Criminal Justice Act 1988 (first-hand...

          2. 29.In section 24 of the Criminal Justice Act 1988 (business...

          3. 30.The following shall be inserted at the end of section...

          4. 31.The following shall be inserted at the end of section...

          5. 32.In section 30 of the Criminal Justice Act 1988 (expert...

          6. 33.In section 32A(10) of the Criminal Justice Act 1988 (video...

          7. 34.In section 40 of the Criminal Justice Act 1988 (power...

        11. Road Traffic Offenders Act 1988

          1. 35.In section 11 of the Road Traffic Offenders Act 1988...

          2. 36.In section 13 of the Road Traffic Offenders Act 1988...

          3. 37.In section 16 of the Road Traffic Offenders Act 1988...

          4. 38.In section 20 of the Road Traffic Offenders Act 1988...

      3. Part III Commencement

        1. 39.Parts I and II of this Schedule shall have effect...

    2. SCHEDULE 2

      Statements and depositions

      1. Statements

        1. 1.(1) Sub-paragraph (2) applies if— (a) a written statement has...

      2. Depositions

        1. 2.(1) Sub-paragraph (2) applies if— (a) in pursuance of section...

      3. Signatures

        1. 3.(1) A justice who signs a certificate authenticating one or...

      4. Time limit for objection

        1. 4.Criminal Procedure Rules may make provision— (a) requiring an objection...

      5. Retrial

        1. 5.In Schedule 2 to the Criminal Appeal Act 1968 (procedural...

      6. Repeals

        1. 6.(1) Section 13(3) of the Criminal Justice Act 1925 (which...

      7. Commencement

        1. 7.This Schedule shall have effect in accordance with provision made...

    3. SCHEDULE 3

      Fraud

      1. Introduction

        1. 1.The Criminal Justice Act 1987 shall be amended as provided...

      2. Preparatory hearings

        1. 2.In section 7 (power to order preparatory hearing) subsections (3)...

        2. 3.(1) Section 9 (the preparatory hearing) shall be amended as...

        3. 4.The following section shall be inserted after section 9— Orders...

        4. 5.The following section shall be substituted for section 10 (later...

      3. Reporting restrictions

        1. 6.The following sections shall be substituted for section 11 (reporting...

        2. 7.In the list in section 17(2) (provisions extending to Scotland)...

      4. General

        1. 8.(1) This Schedule applies in relation to an offence if—...

    4. SCHEDULE 4

      Modifications for Northern Ireland

      1. General

        1. 1.In their application to Northern Ireland the provisions of this...

        2. 2.Where a provision of this Act which extends to Northern...

        3. 3.In any provision of this Act which extends to Northern...

      2. Part I of this Act

        1. 4.In section 1 for subsections (1) and (2) substitute—

        2. 5.(1) In section 5(2) for “section 5(9) of the Criminal...

        3. 6.In section 13 (1) for “the bill of indictment is...

        4. 7.After section 14 there shall be inserted— Public interest: review...

        5. 8.In section 15(1) at the end add “ and section...

        6. 9.In section 16 after “14(2)” insert “ , 14A(2) ”...

        7. 10.In section 17(1)(a) after “14” insert “ , 14A ”....

        8. 11.In section 18 at the end add—

        9. 12.(1) In section 19(1) for the words from the beginning...

        10. 13.(1) In section 20(2) for “section 9 of the Criminal...

        11. 14.In section 21(3) for paragraph (e) substitute—

      3. Part IV of this Act

        1. 15.In section 39 for subsections (2) and (3) substitute—

        2. 15A.In section 39(4) for “(3)” substitute (3)(b).

        3. 16.In section 41(1) for “Great Britain” where it twice occurs...

        4. 17.In section 42(3) omit “in England and Wales”, and after...

      4. Part V of this Act

        1. 18.In section 45 for subsections (1) to (8) substitute—

        2. 19.In section 46 for subsections (1) and (2) substitute—

      5. Part VII of this Act

        1. 20.(1) In section 54(6) in paragraph (b) for “section 51(1)...

        2. 21.In section 56(2) for paragraphs (a) to (c) substitute—

        3. 22.In section 57 omit subsection (1).

        4. 23.(1) In section 58(1) omit paragraph (b) and the word...

        5. 24.In section 59(1) for “Great Britain” where it twice occurs...

        6. 25.In section 62 for subsections (1) and (2) substitute—

        7. 26.For section 63 substitute— Road traffic: provision of specimens. (1) In Article 18(4) of the Road Traffic (Northern Ireland)...

        8. 27.In section 64 for subsection (1) substitute—

        9. 28.For section 66 substitute— (1) After section 51 of the Judicature (Northern Ireland) Act...

        10. 29.In section 69(1) for “section 9 of the Criminal Justice...

        11. 30.In section 70 for subsection (1) substitute—

        12. 31.(1) In section 74 for subsection (1) substitute—

        13. 32.In section 75(1) for “sections 52(3) and 54(7)” substitute “...

        14. 33.For section 76 substitute— Power of magistrates’ courts. Anything authorised or required by this Act to be done...

        15. 34.In section 80 omit “(or revoked)”.

        16. 35.For Schedule 3 substitute— SCHEDULE 3 FRAUD Introduction The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 shall...

        17. 36.For Schedule 5 substitute— SCHEDULE 5 Repeals 1. War Crimes...

    5. SCHEDULE 5

      Repeals

      1. 1.The entries in Schedule 11 to the 1994 Act are...

      2. 2.The repeals under this paragraph (reinstatement of certain provisions) have...

Back to top

Options/Help

Print Options

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

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?

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources