The Magistrates' Courts (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 a magistrates' 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 court sentences or otherwise deals with the convicted person in respect of the offence, or, where the court commits him to the Crown Court to be sentenced or otherwise dealt with, or remits him to another magistrates' court for that purpose, immediately after he is so committed or remitted, as the case may be. Rule 3 provides for the Form in which certification under section 54(2) of the Act is to be drawn up, and 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 register of the court which has made the certification, 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 register of a magistrates' court before which an acquittal has taken place (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 for the public display of a copy of the Form referred to in rule 3 by a magistrates' court which has made a certification under section 54(2) of the Act and further provides for the public display by a magistrates' court before which an acquittal has taken place of a copy of the form of certification relating to the acquittal (being the Form referred to in rule 3 where certification is made by a magistrates' court) a copy of which is received by the clerk of the court from another court.

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 a magistrates' court or the acquittal has taken place before a magistrates' court, for the making of an entry by the clerk of the magistrates' court before which the acquittal has taken place, or by the clerk of the magistrates' court which has made the certification relating to the acquittal, as the case may be, in the court register, of the fact that such an order or decision has been made. Rule 9 provides for the public display, by a magistrates' 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.