The Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997

Explanatory Note

(This note is not part of the Rules)

These Rules are made in connection with the provision made by sections 54 and 55 of the Criminal Procedure and Investigations Act 1996 (“the Act”) for an application to be made to the High Court for an order quashing a person’s acquittal of an offence. Under section 54(3) of the Act, an application may be made to the High Court for such an order where:

(a) a person has been convicted of an administration of justice offence involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the acquittal, and

(b) the court before which the above conviction takes place certifies (under section 54(2) of the Act) that it appears to the court that there is a real possibility that, but for the interference or intimidation, the acquitted person would not have been acquitted and that it is not contrary to the interests of justice to take proceedings against the acquitted person for the offence of which he has been acquitted.

Rule 2 provides that certification by the Crown Court under section 54(2) of the Act shall be made at any time following the above conviction, but no later than immediately after the Crown Court sentences or otherwise deals with the convicted person in respect of the offence, or where the convicted person is a child or young person and the Crown Court remits him to a youth court to be dealt with, immediately after he is so remitted.

Rule 3 provides for the Form in which certification under section 54(2) of the Act is to be drawn up.

Rule 4 provides for the persons on whom a copy of the Form referred to in rule 3 is to be served, and for the manner of such service.

Rule 5 provides for the making of an entry in the records of the Crown Court, where the Court has made a certification under section 54(2), in relation to the conviction which occasioned the certification, of details relating to the certification.

Rule 6 provides for the making of an entry in the records of the Crown Court, where an acquittal has taken place before the Court (which acquittal is the subject of a certification under section 54(2) of the Act), in relation to the acquittal, of details relating to the certification.

Rule 7 provides, where the Crown Court has made a certification under section 54(2) of the Act, for public display of a copy of the Form referred to in rule 3 at the place where certification was made, and further provides, where an acquittal has taken place before the Crown Court, for public display at the place where the acquittal occurred of a copy of the form of certification relating to that acquittal (being the Form referred to in rule 3 where certification is made by the Crown Court) a copy of which is received by the appropriate officer of the Crown Court from a court other than the Crown Court sitting at the place where the acquittal occurred.

Rule 8 refers to the making of an order by the High Court, under section 54(3) of the Act, quashing an acquittal, or the making of a decision by the High Court not to quash an acquittal, and provides, where certification in relation to that acquittal has been made by the Crown Court or the acquittal has taken place before the Crown Court, for the making of an entry by the appropriate officer of the Crown Court in the records of the Court of the fact that such an order or decision has been made.

Rule 9 provides for the public display, by the appropriate officer of the Crown Court, of a copy of the notice received from the High Court of such an order or decision.

By virtue of rule 1, these Rules come into force on 15th April 1997.