Blackstone's Guide to the Criminal Justice Act 2003

by Taylor, Richard; Wasik, Martin; Leng, Roger

• ISBN13: 9780199267255
• ISBN10: 0199267251
• Format: Paperback
• Copyright: 2004-12-16
• Publisher: Blackstone Press

Summary

This book analyses, explains, and evaluates the Government's flagship criminal justice legislation, the Criminal Justice Act 2003. It provides an accessible commentary on the wide ranging and complex changes introduced by the Act, which will leave few areas of the criminal justice systemuntouched. The Act starts with changes to police powers, bail, cautioning, and pre-trial disclosure, and moves on to the abolition of committal proceedings and the introduction of the possibility of trials on indictment without juries. It then goes on to provide for prosecution appeals and a broadrange of offences where a trial following acquittal can exceptionally be allowed. The rules on evidence are significantly reformed providing firstly, a much wider basis on which evidence of bad character (including previous convictions) can be admitted, and secondly, for the admissibility of hearsay'where it is not contrary to the interests of justice' to admit it. The Act also provides a major restatement and reform of the sentencing framework and the provisions for release on licence, and abolishes most of the categories of exemption from the duty to perform jury service.Anyone working in the Criminal Justice System or interested in its operation will welcome this guide, which provides invaluable insights into the purposes of the Act and a detailed explanation of its provisions. The book also includes the full text of the Act.

Author Biography

Richard Taylor is Professor of English Law and Head of School at Lancashire Law School, University of Central Lancashire. Martin Wasik is Professor of Criminal Justice at Keele University, and Chairman of the Sentencing Advisory Panel. Roger Leng is Reader in Law at Warwick University.

Table of Contents

Preface	xi
Abbreviations	xii
Table of Cases	xiii
Table of Statutes	xvii
Table of Secondary Legislation	xxxiii
Table of International Legislation	xxxiv
Police Powers
Introduction	1	(1)
Stop and Search Powers	2	(1)
Search Warrants	3	(1)
Arrestable Offences	3	(1)
Police Bail	4	(3)
Drug Testing for under 18s	7	(1)
Detention Periods and Reviews	7	(3)
Property of Detained Persons	10	(1)
Fingerprints and Non-intimate Samples	10	(2)
PACE Codes	12	(3)
Bail, Cautions, and Charging
Introduction	15	(1)
Bail from Court	16	(8)
Conditional Cautions	24	(7)
Charging Procedure	31	(4)
Disclosure Pre-Trial
Introduction	35	(1)
The Prosecutor's Disclosure Duties	36	(3)
Defence Disclosure	39	(7)
Faults in Defence Disclosure---Evidential Inferences	46	(3)
Police Interviews with Defence Witnesses	49	(2)
Juries, and Trials on Indictment Without Juries
Introduction	51	(1)
Trials on Indictment without Juries---Background	52	(3)
Applications for Non-jury Trial in Fraud Cases---s 43	55	(1)
Applications for Non-jury Trial where Danger of Jury Tampering---s 44	56	(5)
Discharge of Jury because of Jury Tampering---s 44	61	(1)
Appeal Rights	62	(1)
Trials without Jury---Miscellaneous	63	(1)
Jury Service	64	(3)
Allocation and Transfer of Either Way Cases and Live Links
Introduction	67	(1)
Background	68	(2)
The Schedule 3 Amendments	70	(5)
Live Links	75	(4)
Prosecution Appeals Against Judges' Rulings
Introduction	79	(1)
Background	80	(2)
The Provisions of the Act	82	(2)
General Right of Appeal in respect of Rulings---s 58	84	(6)
Evidentiary Rulings---s 62	90	(1)
Miscellaneous and Supplemental	91	(2)
Conclusions	93	(2)
Double Jeopardy
Introduction	95	(1)
Background	96	(4)
Cases that may be Retried	100	(7)
Application for a Retrial	107	(4)
Determination by the Court of Appeal	111	(6)
Retrial	117	(1)
Investigations	118	(2)
Conclusions	120	(3)
Evidence of Bad Character
Introduction	123	(1)
Bad Character	124	(2)
Bad Character of Non-defendants	126	(3)
Defendant's Bad Character	129	(11)
Stopping Contaminated Cases	140	(1)
Procedure	141	(2)
Hearsay
Introduction	143	(2)
Scope of the Exclusionary Rule	145	(2)
The Safety-Valve Discretion to Admit	147	(1)
The Safety-Valve Discretion to Exclude	147	(1)
Unavailable Witnesses	148	(3)
Business and Other Documents	151	(1)
Previous Statements of Witnesses	152	(2)
Documents produced as Exhibits	154	(1)
Preservation of Common Law Admissibility Rules	155	(3)
Capacity to make Statement	158	(1)
Credibility of Statement Maker	159	(1)
Stopping the Case where Evidence is Unconvincing	160	(1)
Expert Evidence---Preparatory Work	161	(1)
Confessions Admissible for Co-accused	162	(4)
Evidence by Video Recording	166	(1)
Documents to refresh Memory	167	(3)
Rule-making Power	170	(1)
Depositions as Evidence at Trial	170	(1)
Evidence at Retrial	170	(1)
Repeals and Amendments	171	(2)
General Sentencing Provisions
Introduction	173	(1)
Purposes of Sentencing	174	(2)
Offence Seriousness	176	(5)
Community Sentences---General Provisions	181	(3)
Custodial Sentences---General Provisions	184	(2)
Magistrates' Courts' Powers to Impose Imprisonment	186	(2)
Pre-sentence and Other Reports	188	(3)
Pre-sentence Drug Testing	191	(1)
Mitigation	191	(2)
Changes to Maximum Penalties etc	193	(4)
Sentencing Guidelines and Standards
Introduction	197	(1)
Background to the Changes	198	(2)
The Council and the Panel	200	(3)
Duty of Courts to have Regard to Guidelines	203	(2)
Duty of Courts to give Reasons for, and Explain Effect of, Sentence	205	(2)
Duty to Publish Information about Sentencing	207	(1)
Firearms Offences	207	(3)
Minimum Terms in Murder	210	(7)
Non-Custodial Orders
Introduction	217	(1)
Community Sentence	217	(10)
Fines and Fine Default	227	(2)
Deferment of Sentence	229	(2)
Drug Treatment and Testing Requirements	231	(1)
Disqualification from Working with Children	231	(1)
Individual Support Orders	232	(1)
Parenting Orders and Referral Orders	233	(2)
Custodial Sentences of Less Than 12 Months
Introduction	235	(1)
Custody Plus	236	(3)
Intermittent Custody	239	(4)
Suspended Sentence	243	(8)
Dangerous Offenders
Introduction	251	(2)
Dangerous Offenders---Specified Offences	253	(1)
Life Sentence or Custody for Public Protection	254	(1)
Extended Sentences	255	(2)
The Assessment of Dangerousness	257	(2)
Release on Licence
Introduction	259	(2)
Cases where there is a Duty to Release Prisoners---Automatic Release on Licence	261	(1)
Discretionary Release	262	(1)
Licence Conditions	263	(2)
Crediting Periods of Remand	265	(2)
Appendix Criminal Justice Act 2003	267	(410)
Index	677