Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

Requirements to confirm nationality

I1I2162Requirement to give information in criminal proceedings

In the Courts Act 2003, after section 86 (alteration of place fixed for Crown Court trial) insert—

86ARequirement to give information in criminal proceedings

1

A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court.

2

Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed).

3

A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information.

4

Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.

5

A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—

a

imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or

b

a fine.

6

The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court.

7

In this section a “criminal court” is, when dealing with any criminal cause or matter—

a

the Crown Court;

b

a magistrates' court.