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Criminal Justice Act 2003

  • Explanatory Notes Table of contents

Please note:

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

      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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