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(This note is not part of the Order)
This Order brings into force a code of practice for arranging and conducting interviews of witnesses notified by accused persons (“the Code”). The Code is made under section 21A of the Criminal Procedure and Investigations Act 1996 (c. 25) (“the Act”).
The Code contains guidance to police officers and other persons charged with the duty of investigating offences in relation to arranging and conducting interviews of persons notified by the accused as potential witnesses either under section 6A(2) of the Act (because the accused believes such witnesses are able to give evidence in support of an alibi disclosed in a defence statement made under section 6A of the Act) or under section 6C of the Act (because the accused intends to call any persons (other than him or herself) as witnesses at his trial).
By virtue of section 21A(3) of the Act, any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview must have regard to the Code. By virtue of section 21A(13) of the Act, any provision of the Code in operation at any time by virtue of this Order or any failure to have due regard to the Code, either of which are relevant to any question arising in civil or criminal proceedings, can be taken into account by a court or tribunal conducting those proceedings in deciding that question.
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