Reforms to court and police procedure Criminal Justice Act 2003

1 reforms court , police procedure

1.1 stop , search powers
1.2 bail
1.3 conditional cautions
1.4 disclosure
1.5 allocation , sending of offences
1.6 prosecution appeals against case termination , evidence exclusion
1.7 jury service

reforms court , police procedure
stop , search powers

police stop , search powers increased include cases of suspected criminal damage in, example, carrying of spray paint aspirant graffiti artists. people accompany constables on search of premises may take active part in search, long remain accompanied @ times. particularly useful in cases computer or financial evidence may need sifted @ scene, outside expertise required.

bail

the right of prisoner make application high court abolished. application made crown court , high court of right. right make bail application way of judicial review remains, although if more stringent tests applicable satisfied. crown court final arbiter of bail in criminal cases. prosecution appeals against magistrates courts decisions grant bail extended imprisonable criminal offences.

conditional cautions

the police may, issuing normal cautions (which unconditional), issue conditional cautions. recipient of kind of caution must admit guilt of offence caution imposed. conditional cautions must issued in accordance code of practice, issued home secretary. impose conditions upon offender. if conditions breached offender may prosecuted offence. criminal justice , immigration act 2008 extends adult conditional caution scheme young offenders.

disclosure

the act makes amendments criminal procedure , investigations act 1996 relating prosecution , defence disclosure. old system prosecution provide initial disclosure defence (known primary disclosure ), defence provide defence statement , prosecution provide secondary disclosure in response defence statement. prosecution under continuous duty disclose evidence, though defence statement impose revised , stricter (depending on contents , detail of defence statement) test. test disclosure — evidence undermines prosecution case or assists defence case — remains, though prosecutor s own opinion of whether unused evidence meets criteria replaced objective test. however, defence still cannot force prosecutor disclose such evidence until defence statement produced, change means little in practice.

reforms made extent defence must disclose case in order trigger both revised duty disclose , right section 8 application court force prosecution disclose item of evidence. defence statement must state each point @ issue taken prosecution , why, particular defence or points of law (such evidential admissibility or abuse of process) upon or rely. defendant must give list of defence witnesses, along names , addresses. police may interview witnesses, according code of practice issued home secretary. explanatory notes make clear police interviewing of potential defence witnesses 1 of intents of act. details of defence expert witness instructed must given prosecution, whether or not used in case. however, no part of act explicitly amends law on legal privilege, contents of correspondence or expert report remain confidential same extent before.

co-defendants must disclose defence statements each other prosecution. duty serve defence statements remains compulsory in crown court , voluntary in magistrates court.

allocation , sending of offences

the mode of trial provisions amended allow court made aware of defendant s previous convictions @ mode of trial stage (that is, when magistrates court decides whether offences tried summarily before them or before judge , jury @ crown court). right commit crown court sentence (when magistrates court regards own powers insufficient) abolished cases when has accepted jurisdiction. these provisions amend previous position when defendant bad prior record means tried summarily , sent elsewhere sentence; same type of court deals both trial , sentence in ordinary cases. provisions introduced under section 41 , section 42 of part 6 of act.

prosecution appeals against case termination , evidence exclusion

the prosecution given, first time, right appeal decisions judges in crown court either terminate case or exclude evidence. prosecution has historically had right appeal decisions in magistrates courts on grounds of error of law or unreasonableness, , right under criminal justice act 1988 appeal unduly lenient sentence .

a terminating ruling 1 stops case, or in prosecution s view, damages prosecution case effect same. adverse evidentiary rulings on prosecution evidence can appealed serious offences before start of defence case. these appeals interlocutory , in occur during middle of trial , stops trial pending outcome of appeal. differ in respect defendant s appeal can heard after conviction.

jury service

the act expanded substantially number of people eligible jury service, firstly removing various former grounds of ineligibility, , secondly reducing scope people avoid service when called up. members of armed forces commanding officers certify absence prejudicial efficiency of service can excused jury duty.

this has been controversial, people eligible jury service (who ineligible) include judges, lawyers , police officers. crown court judge commented: don t know how legislation going work intelligently.