SCHEDULES

SCHEDULE 36Further minor and consequential amendments

Part 3Disclosure

Prosecution of Offences Act 1985 (c. 23)

I117

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 “ section 3, 4 or 7A ”.

Criminal Justice Act 1987 (c. 38)

I218

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.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

I319

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.

Criminal Procedure and Investigations Act 1996 (c. 25)

I420

The Criminal Procedure and Investigations Act 1996 is amended as follows.

I521

In section 3 (primary disclosure by prosecutor), for the heading there is substituted “Initial duty of prosecutor to disclose”.

I622

In section 4 (primary disclosure: further provisions), in the heading for “Primary disclosure” there is substituted “ Initial duty to disclose ”.

I723

In section 5 (compulsory disclosure by accused), subsections (6) to (9) are omitted.

I824

In section 6 (voluntary disclosure by accused), subsection (3) is omitted.

I925

Section 7 (secondary disclosure by prosecutor) shall cease to have effect.

I1026

Section 9 (continuing duty of prosecutor to disclose) shall cease to have effect.

I1127

In section 10 (prosecutor’s failure to observe time limits), in subsection (1), for paragraph (b) there is substituted—

b

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.

I1228

In section 12 (time limits)—

a

in subsection (1), for “and 7” there is substituted “ , 6B, 6C and 7A(5) ”;

b

in subsection (5), for “7” there is substituted “ 7A(5) ”.

I1329

In section 13 (time limits: transitional), for subsection (2) there is substituted—

2

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—

a

in paragraph (a) for the words from “during the period” to the end, and

b

in paragraph (b) for “during that period”,

there were substituted “ as soon as is reasonably practicable after the accused gives the statement in question ”.

I1430

In section 14 (public interest: review for summary trials), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.

I1531

In section 15 (public interest: review in other cases), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.

I1632

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 “ 7A(8), 8(5) ”.

I1733

In section 17 (confidentiality of disclosed information), in subsection (1)(a), for “7, 9” there is substituted “ 7A ”.

I1834

In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), 9(8)” there is substituted “ 5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5) ”.

I1935

In section 20 (other statutory rules as to disclosure)—

a

subsection (2) is omitted, and

b

in subsection (5)(a), for “sections 3 to 9” there is substituted “ sections 3 to 8 ”.

I2036

In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) and (c) of subsection (6) are omitted.

I2137

1

Section 77 (orders and regulations) is amended as follows.

2

In subsection (5)—

a

after “No” there is inserted “ regulations or ”, and

b

after “section” there is inserted “ 6A or ”.

3

In subsection (6)(b) after “regulations” there is inserted “ (other than regulations under section 6A) ”.

I2238

In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), 7(5), 8(5) or 9(8)” there is substituted “ 3(6), 7A(8) or 8(5) ”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

I2339

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 3 or 7A ”.