Criminal Procedure and Investigations Act 1996

• Citation: 1996 c. 25
• Sections: 188

Section 1 Application of this Part.

(1) This Part applies where—

(a) a person is charged with a summary offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty,

(b) a person who has attained the age of 18 is charged with an offence which is triable either way, in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty, or

(c) a person under the age of 18 is charged with an indictable offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty.

(2) This Part also applies where—

(a) a person is charged with an indictable offence and he is committed for trial for the offence concerned,

(b) a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under section 4 of the Criminal Justice Act 1987 (serious or complex fraud),

(c) a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer served on a magistrates’ court under section 53 of the Criminal Justice Act 1991 (certain cases involving children),

(cc) a person is charged with an offence for which he is sent for trial under section 51 (no committal proceedings for indictable-only offences) of the Crime and Disorder Act 1998,

(d) a count charging a person with a summary offence is included in an under the authority of section 40 of the Criminal Justice Act 1988 (common assault etc. ), or

(e) a bill of indictment charging a person with an indictable offence is preferred under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge) or

(f) a bill of indictment charging a person with an indictable offence is preferred under section 22B(3)(a) of the Prosecution of Offences Act 1985 , or

(g) following the preferment of a bill of indictment charging a person with an indictable offence under the authority of section 2(2)(ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill of indictment preferred with consent of Crown Court judge following approval of deferred prosecution agreement), the suspension of the proceedings against the person under paragraph 2(2) of Schedule 17 to the Crime and Courts Act 2013 is lifted under paragraph 2(3) of that Schedule.

(3) This Part applies in relation to alleged offences into which no criminal investigation has begun before the appointed day.

(4) For the purposes of this section a criminal investigation is an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained—

(a) whether a person should be charged with an offence, or

(b) whether a person charged with an offence is guilty of it.

(5) The reference in subsection (3) to the appointed day is to such day as is appointed for the purposes of this Part by the Secretary of State by order.

Section 2 General interpretation.

(1) References to the accused are to the person mentioned in section 1(1) or (2).

(2) Where there is more than one accused in any proceedings this Part applies separately in relation to each of the accused.

(3) References to the prosecutor are to any person acting as prosecutor, whether an individual or a body.

(4) References to material are to material of all kinds, and in particular include references to—

(a) information, and

(b) objects of all descriptions.

(5) References to recording information are to putting it in a durable or retrievable form (such as writing or tape).

(6) This section applies for the purposes of this Part.

Section 3 Initial duty of prosecutor to disclose .

(1) The prosecutor must—

(a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused , or

(b) give to the accused a written statement that there is no material of a description mentioned in paragraph (a).

(2) For the purposes of this section prosecution material is material—

(a) which is in the prosecutor’s possession, and came into his possession in connection with the case for the prosecution against the accused, or

(b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.

(3) Where material consists of information which has been recorded in any form the prosecutor discloses it for the purposes of this section—

(a) by securing that a copy is made of it and that the copy is given to the accused, or

(b) if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so;

and a copy may be in such form as the prosecutor thinks fit and need not be in the same form as that in which the information has already been recorded.

(4) Where material consists of information which has not been recorded the prosecutor discloses it for the purposes of this section by securing that it is recorded in such form as he thinks fit and—

(a) by securing that a copy is made of it and that the copy is given to the accused, or

(b) if in the prosecutor’s opinion that is not practicable or not desirable, by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(5) Where material does not consist of information the prosecutor discloses it for the purposes of this section by allowing the accused to inspect it at a reasonable time and a reasonable place or by taking steps to secure that he is allowed to do so.

(6) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(7) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 56 of the Investigatory Powers Act 2016 .

(8) The prosecutor must act under this section during the period which, by virtue of section 12, is the relevant period for this section.

Section 4 Initial duty to disclose : further provisions.

(1) This section applies where—

(a) the prosecutor acts under section 3, and

(b) before so doing he was given a document in pursuance of provision included, by virtue of section 24(3), in a code operative under Part II.

(2) In such a case the prosecutor must give the document to the accused at the same time as the prosecutor acts under section 3.

Section 5 Compulsory disclosure by accused.

(1) Subject to subsections (2) to (3A) and (4), this section applies where—

(a) this Part applies by virtue of section 1(2), and

(b) the prosecutor complies with section 3 or purports to comply with it.

(2) Where this Part applies by virtue of section 1(2)(b), this section does not apply unless—

(a) a copy of the notice of transfer, and

(b) copies of the documents containing the evidence,

have been given to the accused under regulations made under section 5(9) of the Criminal Justice Act 1987.

(3) Where this Part applies by virtue of section 1(2)(c), this section does not apply unless—

(a) a copy of the notice of transfer, and

(b) copies of the documents containing the evidence,

have been given to the accused under regulations made under paragraph 4 of Schedule 6 to the Criminal Justice Act 1991.

(3A) Where this Part applies by virtue of section 1(2)(cc), this section does not apply unless—

(a) copies of the documents containing the evidence have been served on the accused under regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998; and

(b) a copy of the notice under subsection (1) of section 51D of that Act has been served on him under that subsection.

(4) Where this Part applies by virtue of section 1(2)(e), this section does not apply unless the prosecutor has served on the accused a copy of the indictment and a copy of the set of documents containing the evidence which is the basis of the charge.

(5) Where this section applies, the accused must give a defence statement to the court and the prosecutor.

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Section 6 Voluntary disclosure by accused.

(1) This section applies where—

(a) this Part applies by virtue of section 1(1), and

(b) the prosecutor complies with section 3 or purports to comply with it.

(2) The accused—

(a) may give a defence statement to the prosecutor, and

(b) if he does so, must also give such a statement to the court.

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(4) If the accused gives a defence statement under this section he must give it during the period which, by virtue of section 12, is the relevant period for this section.

Section 6A Contents of defence statement

(1) For the purposes of this Part a defence statement is a written statement—

(a) setting out the nature of the accused’s defence, including any particular defences on which he intends to rely,

(b) indicating the matters of fact on which he takes issue with the prosecution,

(c) setting out, in the case of each such matter, why he takes issue with the prosecution,

(ca) setting out particulars of the matters of fact on which he intends to rely for the purposes of his defence,

(d) indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.

(2) A defence statement that discloses an alibi must give particulars of it, including—

(a) the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;

(b) any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given.

(3) For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

(4) The Secretary of State may by regulations make provision as to the details of the matters that, by virtue of subsection (1), are to be included in defence statements.

Section 6B Updated disclosure by accused

(1) Where the accused has, before the beginning of the relevant period for this section, given a defence statement under section 5 or 6, he must during that period give to the court and the prosecutor either—

(a) a defence statement under this section (an “updated defence statement”), or

(b) a statement of the kind mentioned in subsection (4).

(2) The relevant period for this section is determined under section 12.

(3) An updated defence statement must comply with the requirements imposed by or under section 6A by reference to the state of affairs at the time when the statement is given.

(4) Instead of an updated defence statement, the accused may give a written statement stating that he has no changes to make to the defence statement which was given under section 5 or 6.

(5) Where there are other accused in the proceedings and the court so orders, the accused must also give either an updated defence statement or a statement of the kind mentioned in subsection (4), within such period as may be specified by the court, to each other accused so specified.

(6) The court may make an order under subsection (5) either of its own motion or on the application of any party.

Section 6C Notification of intention to call defence witnesses

(1) The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—

(a) giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;

(b) providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.

(2) Details do not have to be given under this section to the extent that they have already been given under section 6A(2).

(3) The accused must give a notice under this section during the period which, by virtue of section 12, is the relevant period for this section.

(4) If, following the giving of a notice under this section, the accused—

(a) decides to call a person (other than himself) who is not included in the notice as a proposed witness, or decides not to call a person who is so included, or

(b) discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,

he must give an appropriately amended notice to the court and the prosecutor.

Section 6D Notification of names of experts instructed by accused

(1) If the accused instructs a person with a view to his providing any expert opinion for possible use as evidence at the trial of the accused, he must give to the court and the prosecutor a notice specifying the person’s name and address.

(2) A notice does not have to be given under this section specifying the name and address of a person whose name and address have already been given under section 6C.

(3) A notice under this section must be given during the period which, by virtue of section 12, is the relevant period for this section.

Section 6E Disclosure by accused: further provisions

(1) Where an accused’s solicitor purports to give on behalf of the accused—

(a) a defence statement under section 5, 6 or 6B, or

(b) a statement of the kind mentioned in section 6B(4),

the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.

(2) If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.

(3) In subsection (2) “ pre-trial hearing ” has the same meaning as in Part 4 (see section 39).

(4) The judge in a trial before a judge and jury—

(a) may direct that the jury be given a copy of any defence statement, and

(b) if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.

(5) A direction under subsection (4)—

(a) may be made either of the judge’s own motion or on the application of any party;

(b) may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.

(6) The reference in subsection (4) to a defence statement is a reference—

(a) where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;

(b) where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;

(c) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.

Section 7 Secondary disclosure by prosecutor.

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Section 7A Continuing duty of prosecutor to disclose

(1) This section applies at all times—

(a) after the prosecutor has complied with section 3 or purported to comply with it, and

(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.

(2) The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—

(a) might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and

(b) has not been disclosed to the accused.

(3) If at any time there is any such material as is mentioned in subsection (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies).

(4) In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.

(5) Where the accused gives a defence statement under section 5, 6 or 6B—

(a) if as a result of that statement the prosecutor is required by this section to make any disclosure, or further disclosure, he must do so during the period which, by virtue of section 12, is the relevant period for this section;

(b) if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect.

(6) For the purposes of this section prosecution material is material—

(a) which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or

(b) which, in pursuance of a code operative under Part 2, he has inspected in connection with the case for the prosecution against the accused.

(7) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.

(8) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(9) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 56 of the Investigatory Powers Act 2016 .

Section 8 Application by accused for disclosure.

(1) This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.

(2) If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.

(3) For the purposes of this section prosecution material is material—

(a) which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused,

(b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused, or

(c) which falls within subsection (4).

(4) Material falls within this subsection if in pursuance of a code operative under Part II the prosecutor must, if he asks for the material, be given a copy of it or be allowed to inspect it in connection with the case for the prosecution against the accused.

(5) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.

(6) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 56 of the Investigatory Powers Act 2016 .

Section 9 Continuing duty of prosecutor to disclose.

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Section 10 Prosecutor’s failure to observe time limits.

(1) This section applies if the prosecutor—

(a) purports to act under section 3 after the end of the period which, by virtue of section 12, is the relevant period for section 3, or

(b) purports to act under section 7A(5) after the end of the period which, by virtue of section 12, is the relevant period for section 7A.

(2) Subject to subsection (3), the failure to act during the period concerned does not on its own constitute grounds for staying the proceedings for abuse of process.

(3) Subsection (2) does not prevent the failure constituting such grounds if it involves such delay by the prosecutor that the accused is denied a fair trial.

Section 11 Faults in disclosure by accused.

(1) This section applies in the three cases set out in subsections (2), (3) and (4).

(2) The first case is where section 5 applies and the accused—

(a) fails to give an initial defence statement,

(b) gives an initial defence statement but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,

(c) is required by section 6B to give either an updated defence statement or a statement of the kind mentioned in subsection (4) of that section but fails to do so,

(d) gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,

(e) sets out inconsistent defences in his defence statement, or

(f) at his trial—

(i) puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,

(ii) relies on a matter (or any particular of any matter of fact) which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,

(iii) adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or

(iv) calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.

(3) The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—

(a) gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or

(b) does any of the things mentioned in paragraphs (c) to (f) of subsection (2).

(4) The third case is where the accused—

(a) gives a witness notice but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6C, or

(b) at his trial calls a witness (other than himself) not included, or not adequately identified, in a witness notice.

(5) Where this section applies—

(a) the court or any other party may make such comment as appears appropriate;

(b) the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.

(6) Where—

(a) this section applies by virtue of subsection (2)(f)(ii)(including that provision as it applies by virtue of subsection (3)(b)), and

(b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,

comment by another party under subsection (5)(a) may be made only with the leave of the court.

(7) Where this section applies by virtue of subsection (4), comment by another party under subsection (5)(a) may be made only with the leave of the court.

(8) Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard—

(a) to the extent of the differences in the defences, and

(b) to whether there is any justification for it.

(9) Where the accused calls a witness whom he has failed to include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard to whether there is any justification for the failure.

(10) A person shall not be convicted of an offence solely on an inference drawn under subsection (5).

(11) Where the accused has given a statement of the kind mentioned in section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—

(a) by reference to the state of affairs at the time when that statement was given, and

(b) as if the defence statement was given at the same time as that statement.

(12) In this section—

(a) “ initial defence statement ” means a defence statement given under section 5 or 6;

(b) “ updated defence statement ” means a defence statement given under section 6B;

(c) a reference simply to an accused’s “defence statement” is a reference—

(i) where he has given only an initial defence statement, to that statement;

(ii) where he has given both an initial and an updated defence statement, to the updated defence statement;

(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement;

(d) a reference to evidence in support of an alibi shall be construed in accordance with section 6A(3);

(e) “ witness notice ” means a notice given under section 6C.

Section 12 Time limits.

(1) This section has effect for the purpose of determining the relevant period for sections 3, 5, 6 , 6B, 6C and 7A(5) .

(2) Subject to subsection (3), the relevant period is a period beginning and ending with such days as the Secretary of State prescribes by regulations for the purposes of the section concerned.

(3) The regulations may do one or more of the following—

(a) provide that the relevant period for any section shall if the court so orders be extended (or further extended) by so many days as the court specifies;

(b) provide that the court may only make such an order if an application is made by a prescribed person and if any other prescribed conditions are fulfilled;

(c) provide that an application may only be made if prescribed conditions are fulfilled;

(d) provide that the number of days by which a period may be extended shall be entirely at the court’s discretion;

(e) provide that the number of days by which a period may be extended shall not exceed a prescribed number;

(f) provide that there shall be no limit on the number of applications that may be made to extend a period;

(g) provide that no more than a prescribed number of applications may be made to extend a period;

and references to the relevant period for a section shall be construed accordingly.

(4) Conditions mentioned in subsection (3) may be framed by reference to such factors as the Secretary of State thinks fit.

(5) Without prejudice to the generality of subsection (4), so far as the relevant period for section 3 or , 6B, 6C and 7A(5) is concerned—

(a) conditions may be framed by reference to the nature or volume of the material concerned;

(b) the nature of material may be defined by reference to the prosecutor’s belief that the question of non-disclosure on grounds of public interest may arise.

(6) In subsection (3) “ prescribed ” means prescribed by regulations under this section.

Section 13 Time limits: transitional.

(1) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 3, section 3(8) shall have effect as if it read—

(8) The prosecutor must act under this section as soon as is reasonably practicable after—

(a) the accused pleads not guilty (where this Part applies by virtue of section 1(1)),

(b) the accused is committed for trial (where this Part applies by virtue of section 1(2)(a)),

(c) the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),

(ca) copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)),

(d) the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or

(e) the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e) or (f) ).

(2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if—

(a) in paragraph (a) for the words from “during the period” to the end, and

(b) in paragraph (b) for “during that period”,

there were substituted as soon as is reasonably practicable after the accused gives the statement in question.

Section 14 Public interest: review for summary trials.

(1) This section applies where this Part applies by virtue of section 1(1).

(2) At any time—

(a) after a court makes an order under section 3(6), 7A(8) or 8(5) , and

(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned,

the accused may apply to the court for a review of the question whether it is still not in the public interest to disclose material affected by its order.

(3) In such a case the court must review that question, and if it concludes that it is in the public interest to disclose material to any extent—

(a) it shall so order, and

(b) it shall take such steps as are reasonable to inform the prosecutor of its order.

(4) Where the prosecutor is informed of an order made under subsection (3) he must act accordingly having regard to the provisions of this Part (unless he decides not to proceed with the case concerned).

Section 15 Public interest: review in other cases.

(1) This section applies where this Part applies by virtue of section 1(2).

(2) This section applies at all times—

(a) after a court makes an order under section 3(6), 7A(8) or 8(5) , and

(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.

(3) The court must keep under review the question whether at any given time it is still not in the public interest to disclose material affected by its order.

(4) The court must keep the question mentioned in subsection (3) under review without the need for an application; but the accused may apply to the court for a review of that question.

(5) If the court at any time concludes that it is in the public interest to disclose material to any extent—

(a) it shall so order, and

(b) it shall take such steps as are reasonable to inform the prosecutor of its order.

(6) Where the prosecutor is informed of an order made under subsection (5) he must act accordingly having regard to the provisions of this Part (unless he decides not to proceed with the case concerned).

Section 16 Applications: opportunity to be heard.

Where—

(a) an application is made under section 3(6), 7A(8), 8(5) , 14(2) or 15(4),

(b) a person claiming to have an interest in the material applies to be heard by the court, and

(c) he shows that he was involved (whether alone or with others and whether directly or indirectly) in the prosecutor’s attention being brought to the material,

the court must not make an order under section 3(6), 7A(8), 8(5) , 14(3) or 15(5) (as the case may be) unless the person applying under paragraph (b) has been given an opportunity to be heard.

Section 17 Confidentiality of disclosed information.

(1) If the accused is given or allowed to inspect a document or other object under—

(a) section 3, 4, 7A , 14 or 15, or

(b) an order under section 8,

then, subject to subsections (2) to (4), he must not use or disclose it or any information recorded in it.

(2) The accused may use or disclose the object or information—

(a) in connection with the proceedings for whose purposes he was given the object or allowed to inspect it,

(b) with a view to the taking of further criminal proceedings (for instance, by way of appeal) with regard to the matter giving rise to the proceedings mentioned in paragraph (a), or

(c) in connection with the proceedings first mentioned in paragraph (b).

(3) The accused may use or disclose—

(a) the object to the extent that it has been displayed to the public in open court, or

(b) the information to the extent that it has been communicated to the public in open court;

but the preceding provisions of this subsection do not apply if the object is displayed or the information is communicated in proceedings to deal with a contempt of court under section 18.

(4) If—

(a) the accused applies to the court for an order granting permission to use or disclose the object or information, and

(b) the court makes such an order,

the accused may use or disclose the object or information for the purpose and to the extent specified by the court.

(5) An application under subsection (4) may be made and dealt with at any time, and in particular after the accused has been acquitted or convicted or the prosecutor has decided not to proceed with the case concerned; but this is subject to rules made by virtue of section 19(2).

(6) Where—

(a) an application is made under subsection (4), and

(b) the prosecutor or a person claiming to have an interest in the object or information applies to be heard by the court,

the court must not make an order granting permission unless the person applying under paragraph (b) has been given an opportunity to be heard.

(7) References in this section to the court are to—

(a) a magistrates’ court, where this Part applies by virtue of section 1(1);

(b) the Crown Court, where this Part applies by virtue of section 1(2).

(8) Nothing in this section affects any other restriction or prohibition on the use or disclosure of an object or information, whether the restriction or prohibition arises under an enactment (whenever passed) or otherwise.

Section 18 Confidentiality: contravention.

(1) It is a contempt of court for a person knowingly to use or disclose an object or information recorded in it if the use or disclosure is in contravention of section 17.

(2) The following courts have jurisdiction to deal with a person who is guilty of a contempt under this section—

(a) a magistrates’ court, where this Part applies by virtue of section 1(1);

(b) the Crown Court, where this Part applies by virtue of section 1(2).

(3) A person who is guilty of a contempt under this section may be dealt with as follows—

(a) a magistrates’ court may commit him to custody for a specified period not exceeding six months or impose on him a fine not exceeding £5,000 or both;

(b) the Crown Court may commit him to custody for a specified period not exceeding two years or impose a fine on him or both.

(4) If—

(a) a person is guilty of a contempt under this section, and

(b) the object concerned is in his possession,

the court finding him guilty may order that the object shall be forfeited and dealt with in such manner as the court may order.

(5) The power of the court under subsection (4) includes power to order the object to be destroyed or to be given to the prosecutor or to be placed in his custody for such period as the court may specify.

(6) If—

(a) the court proposes to make an order under subsection (4), and

(b) the person found guilty, or any other person claiming to have an interest in the object, applies to be heard by the court,

the court must not make the order unless the applicant has been given an opportunity to be heard.

(7) If—

(a) a person is guilty of a contempt under this section, and

(b) a copy of the object concerned is in his possession,

the court finding him guilty may order that the copy shall be forfeited and dealt with in such manner as the court may order.

(8) Subsections (5) and (6) apply for the purposes of subsection (7) as they apply for the purposes of subsection (4), but as if references to the object were references to the copy.

(9) An object or information shall be inadmissible as evidence in civil proceedings if to adduce it would in the opinion of the court be likely to constitute a contempt under this section; and “ the court ” here means the court before which the civil proceedings are being taken.

(10) The powers of a magistrates’ court under this section may be exercised either of the court’s own motion or by order on complaint.

Section 19 Rules of court.

(1) The power to make Criminal Procedure Rules includes power to make provision mentioned in subsection (2).

(2) The provision is provision as to the practice and procedure to be followed in relation to—

(a) proceedings to deal with a contempt of court under section 18;

(b) an application under section 3(6), 5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5) 14(2) , 15(4), 16(b), 17(4) or (6)(b) or 18(6);

(c) an application under regulations made under section 12;

(d) an order under section 3(6), 5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5) 14(3), 17(4) or 18(4) or (7);

(e) an order under section 15(5) (whether or not an application is made under section 15(4));

(f) an order under regulations made under section 12.

(3) Criminal Procedure Rules made by virtue of subsection (2)(a) above may contain or include provision equivalent to Schedule 3 to the Contempt of Court Act 1981 (proceedings for disobeying magistrates’ court order) or such provision with modifications .

(4) Rules made by virtue of subsection (2)(b) in relation to an application under section 17(4) may include provision—

(a) that an application to a magistrates’ court must be made to a particular magistrates’ court;

(b) that an application to the Crown Court must be made to the Crown Court sitting at a particular place;

(c) requiring persons to be notified of an application.

(5) Rules made by virtue of this section may make different provision for different cases or classes of case.

Section 20 Other statutory rules as to disclosure.

(1) A duty under any of the disclosure provisions shall not affect or be affected by any duty arising under any other enactment with regard to material to be provided to or by the accused or a person representing him; but this is subject to subsection (2).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power to make Criminal Procedure Rules includes power to make, with regard to any proceedings before a magistrates’ court which relate to an alleged offence, provision for—

(a) requiring any party to the proceedings to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings;

(b) prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) from adducing that evidence without the leave of the court.

(4) Rules made by virtue of subsection (3)—

(a) may specify the kinds of expert evidence to which they apply;

(b) may exempt facts or matters of any description specified in the rules.

(5) For the purposes of this section—

(a) the disclosure provisions are sections 3 to 8 ;

(b) “ enactment ” includes an enactment comprised in subordinate legislation (which here has the same meaning as in the Interpretation Act 1978).

Section 21 Common law rules as to disclosure.

(1) Where this Part applies as regards things falling to be done after the relevant time in relation to an alleged offence, the rules of common law which—

(a) were effective immediately before the appointed day, and

(b) relate to the disclosure of material by the prosecutor,

do not apply as regards things falling to be done after that time in relation to the alleged offence.

(2) Subsection (1) does not affect the rules of common law as to whether disclosure is in the public interest.

(3) References in subsection (1) to the relevant time are to the time when—

(a) the accused pleads not guilty (where this Part applies by virtue of section 1(1)),

(b) the accused is committed for trial (where this Part applies by virtue of section 1(2)(a))

the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),

(c) the proceedings are transferred (where this Part applies by virtue of section 1(2)(b) or (c)),

(d) the count is included in the indictment (where this Part applies by virtue of section 1(2)(d)), or

(e) the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(e)).

(4) The reference in subsection (1) to the appointed day is to the day appointed under section 1(5).

Section 21A Code of practice for police interviews of witnesses notified by accused

(1) The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting of interviews of persons—

(a) particulars of whom are given in a defence statement in accordance with section 6A(2), or

(b) who are included as proposed witnesses in a notice given under section 6C.

(2) The code must include (in particular) guidance in relation to—

(a) information that should be provided to the interviewee and the accused in relation to such an interview;

(b) the notification of the accused’s solicitor of such an interview;

(c) the attendance of the interviewee’s solicitor at such an interview;

(d) the attendance of the accused’s solicitor at such an interview;

(e) the attendance of any other appropriate person at such an interview taking into account the interviewee’s age or any disability of the interviewee.

(3) Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview shall have regard to the code.

(4) In preparing the code, the Secretary of State shall consult—

(za) the National Police Chiefs' Council ;

(a) to the extent the code applies to England and Wales—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) the General Council of the Bar;

(iii) the Law Society of England and Wales;

(iv) the Institute of Legal Executives;

(b) to the extent the code applies to Northern Ireland—

(i) the Chief Constable of the Police Service of Northern Ireland;

(ii) the General Council of the Bar of Northern Ireland;

(iii) the Law Society of Northern Ireland;

(c) such other persons as he thinks fit.

(5) The code shall not come into operation until the Secretary of State by order so provides.

(6) The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.

(7) An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.

(8) An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(9) When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.

(10) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(11) A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.

(12) In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.

(13) If it appears to a court or tribunal conducting criminal or civil proceedings that—

(a) any provision of a code in operation at any time by virtue of an order under this section, or

(b) any failure mentioned in subsection (11),

is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.

Section 22 Introduction.

(1) For the purposes of this Part a criminal investigation is an investigation conducted by police officers with a view to it being ascertained—

(a) whether a person should be charged with an offence, or

(b) whether a person charged with an offence is guilty of it.

(2) In this Part references to material are to material of all kinds, and in particular include references to—

(a) information, and

(b) objects of all descriptions.

(3) In this Part references to recording information are to putting it in a durable or retrievable form (such as writing or tape).

Section 23 Code of practice.

(1) The Secretary of State shall prepare a code of practice containing provisions designed to secure—

(a) that where a criminal investigation is conducted all reasonable steps are taken for the purposes of the investigation and, in particular, all reasonable lines of inquiry are pursued;

(b) that information which is obtained in the course of a criminal investigation and may be relevant to the investigation is recorded;

(c) that any record of such information is retained;

(d) that any other material which is obtained in the course of a criminal investigation and may be relevant to the investigation is retained;

(e) that information falling within paragraph (b) and material falling within paragraph (d) is revealed to a person who is involved in the prosecution of criminal proceedings arising out of or relating to the investigation and who is identified in accordance with prescribed provisions;

(f) that where such a person inspects information or other material in pursuance of a requirement that it be revealed to him, and he requests that it be disclosed to the accused, the accused is allowed to inspect it or is given a copy of it;

(g) that where such a person is given a document indicating the nature of information or other material in pursuance of a requirement that it be revealed to him, and he requests that it be disclosed to the accused, the accused is allowed to inspect it or is given a copy of it;

(h) that the person who is to allow the accused to inspect information or other material or to give him a copy of it shall decide which of those (inspecting or giving a copy) is appropriate;

(i) that where the accused is allowed to inspect material as mentioned in paragraph (f) or (g) and he requests a copy, he is given one unless the person allowing the inspection is of opinion that it is not practicable or not desirable to give him one;

(j) that a person mentioned in paragraph (e) is given a written statement that prescribed activities which the code requires have been carried out.

(2) The code may include provision—

(a) that a police officer identified in accordance with prescribed provisions must carry out a prescribed activity which the code requires;

(b) that a police officer so identified must take steps to secure the carrying out by a person (whether or not a police officer) of a prescribed activity which the code requires;

(c) that a duty must be discharged by different people in succession in prescribed circumstances (as where a person dies or retires).

(3) The code may include provision about the form in which information is to be recorded.

(4) The code may include provision about the manner in which and the period for which—

(a) a record of information is to be retained, and

(b) any other material is to be retained;

and if a person is charged with an offence the period may extend beyond a conviction or an acquittal.

(5) The code may include provision about the time when, the form in which, the way in which, and the extent to which, information or any other material is to be revealed to the person mentioned in subsection (1)(e).

(6) The code must be so framed that it does not apply to any of the following—

(a) material intercepted in obedience to a warrant issued under section 2 of the Interception of Communications Act 1985;

(b) material intercepted under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000;

(c) material obtained under the authority of a warrant issued under Chapter 1 of Part 2 of the Investigatory Powers Act 2016;

(d) material obtained under the authority of a warrant issued under Chapter 1 of Part 6 of that Act.

(7) The code may—

(a) make different provision in relation to different cases or descriptions of case;

(b) contain exceptions as regards prescribed cases or descriptions of case.

(8) In this section “ prescribed ” means prescribed by the code.

Section 24 Examples of disclosure provisions.

(1) This section gives examples of the kinds of provision that may be included in the code by virtue of section 23(5).

(2) The code may provide that if the person required to reveal material has possession of material which he believes is sensitive he must give a document which—

(a) indicates the nature of that material, and

(b) states that he so believes.

(3) The code may provide that if the person required to reveal material has possession of material which is of a description prescribed under this subsection and which he does not believe is sensitive he must give a document which—

(a) indicates the nature of that material, and

(b) states that he does not so believe.

(4) The code may provide that if—

(a) a document is given in pursuance of provision contained in the code by virtue of subsection (2), and

(b) a person identified in accordance with prescribed provisions asks for any of the material,

the person giving the document must give a copy of the material asked for to the person asking for it or (depending on the circumstances) must allow him to inspect it.

(5) The code may provide that if—

(a) a document is given in pursuance of provision contained in the code by virtue of subsection (3),

(b) all or any of the material is of a description prescribed under this subsection, and

(c) a person is identified in accordance with prescribed provisions as entitled to material of that description,

the person giving the document must give a copy of the material of that description to the person so identified or (depending on the circumstances) must allow him to inspect it.

(6) The code may provide that if—

(a) a document is given in pursuance of provision contained in the code by virtue of subsection (3),

(b) all or any of the material is not of a description prescribed under subsection (5), and

(c) a person identified in accordance with prescribed provisions asks for any of the material not of that description,

the person giving the document must give a copy of the material asked for to the person asking for it or (depending on the circumstances) must allow him to inspect it.

(7) The code may provide that if the person required to reveal material has possession of material which he believes is sensitive and of such a nature that provision contained in the code by virtue of subsection (2) should not apply with regard to it—

(a) that provision shall not apply with regard to the material,

(b) he must notify a person identified in accordance with prescribed provisions of the existence of the material, and

(c) he must allow the person so notified to inspect the material.

(8) For the purposes of this section material is sensitive to the extent that its disclosure under Part I would be contrary to the public interest.

(9) In this section “ prescribed ” means prescribed by the code.

Section 25 Operation and revision of code.

(1) When the Secretary of State has prepared a code under section 23—

(a) he shall publish it in the form of a draft,

(b) he shall consider any representations made to him about the draft, and

(c) he may modify the draft accordingly.

(2) When the Secretary of State has acted under subsection (1) he shall lay the code before each House of Parliament, and when he has done so he may bring it into operation on such day as he may appoint by order.

(3) A code brought into operation under this section shall apply in relation to suspected or alleged offences into which no criminal investigation has begun before the day so appointed.

(4) The Secretary of State may from time to time revise a code previously brought into operation under this section; and the preceding provisions of this section shall apply to a revised code as they apply to the code as first prepared.

Section 26 Effect of code.

(1) A person other than a police officer who is charged with the duty of conducting an investigation with a view to it being ascertained—

(a) whether a person should be charged with an offence, or

(b) whether a person charged with an offence is guilty of it,

shall in discharging that duty have regard to any relevant provision of a code which would apply if the investigation were conducted by police officers.

(2) A failure—

(a) by a police officer to comply with any provision of a code for the time being in operation by virtue of an order under section 25, or

(b) by a person to comply with subsection (1),

shall not in itself render him liable to any criminal or civil proceedings.

(3) In all criminal and civil proceedings a code in operation at any time by virtue of an order under section 25 shall be admissible in evidence.

(4) If it appears to a court or tribunal conducting criminal or civil proceedings that—

(a) any provision of a code in operation at any time by virtue of an order under section 25, or

(b) any failure mentioned in subsection (2)(a) or (b),

is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.

Section 27 Common law rules as to criminal investigations.

(1) Where a code prepared under section 23 and brought into operation under section 25 applies in relation to a suspected or alleged offence, the rules of common law which—

(a) were effective immediately before the appointed day, and

(b) relate to the matter mentioned in subsection (2),

shall not apply in relation to the suspected or alleged offence.

(2) The matter is the revealing of material—

(a) by a police officer or other person charged with the duty of conducting an investigation with a view to it being ascertained whether a person should be charged with an offence or whether a person charged with an offence is guilty of it;

(b) to a person involved in the prosecution of criminal proceedings.

(3) In subsection (1) “ the appointed day ” means the day appointed under section 25 with regard to the code as first prepared.

Section 28 Introduction.

(1) This Part applies in relation to an offence if—

(a) on or after the appointed day the accused is sent for trial for the offence concerned,

(b) proceedings for the trial on the charge concerned are transferred to the Crown Court on or after the appointed day, or

(c) a bill of indictment relating to the offence is preferred on or after the appointed day under the authority of section 2(2)(b) or (ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).

(2) References in subsection (1) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.

(3) If an order under this section so provides, this Part applies only in relation to the Crown Court sitting at a place or places specified in the order.

(4) References in this Part to the prosecutor are to any person acting as prosecutor, whether an individual or a body.

Section 29 Power to order preparatory hearing.

(1) Where it appears to a judge of the Crown Court that an indictment reveals a case of such complexity, a case of such seriousness or a case whose trial is likely to be of such length, that substantial benefits are likely to accrue from a hearing—

(a) before the time when the jury are sworn , and

(b) for any of the purposes mentioned in subsection (2),

he may order that such a hearing (in this Part referred to as a preparatory hearing) shall be held.

(1A) A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.

(1B) An order that a preparatory hearing shall be held must be made by a judge of the Crown Court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which at least one of the offences charged by the indictment against at least one of the persons charged is a terrorism offence.

(1C) An order that a preparatory hearing shall be held must also be made by a judge of the Crown court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which—

(a) at least one of the offences charged by the indictment against at least one of the persons charged is an offence carrying a maximum of at least 10 years' imprisonment; and

(b) it appears to the judge that evidence on the indictment reveals that conduct in respect of which that offence is charged had a terrorist connection.

(2) The purposes are those of—

(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,

(d) assisting the judge’s management of the trial.

(e) considering questions as to the severance or joinder of charges,

(3) In a case in which it appears to a judge of the Crown Court that evidence on an indictment reveals a case of fraud of such seriousness or complexity as is mentioned in section 7 of the Criminal Justice Act 1987 (preparatory hearings in cases of serious or complex fraud)—

(a) the judge may make an order for a preparatory hearing under this section only if he is required to do so by subsection (1B) or (1C);

(b) before making an order in pursuance of either of those subsections, he must determine whether to make an order for a preparatory hearing under that section; and

(c) he is not required by either of those subsections to make an order for a preparatory hearing under this section if he determines that an order should be made for a preparatory hearing under that section;

and, in a case in which an order is made for a preparatory hearing under that section, requirements imposed by those subsections apply only if that order ceases to have effect.

(4) An order that a preparatory hearing shall be held may be made—

(a) on the application of the prosecutor,

(b) on the application of the accused or, if there is more than one, any of them, or

(c) of the judge’s own motion.

(5) The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

(6) In this section ‘terrorism offence’ means—

(a) an offence under section 11 or 12 of the Terrorism Act 2000 (c. 11)(offences relating to proscribed organisations);

(b) an offence under any of sections 15 to 18 of that Act (offences relating to terrorist property);

(c) an offence under section 38B of that Act (failure to disclose information about acts of terrorism);

(d) an offence under section 54 of that Act (weapons training);

(e) an offence under any of sections 56 to 59 of that Act (directing terrorism, possessing things and collecting information for the purposes of terrorism , eliciting information about armed forces etc, entering or remaining in a designated area and inciting terrorism outside the United Kingdom);

(f) an offence in respect of which there is jurisdiction by virtue of section 62 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc. );

(g) an offence under Part 1 of the Terrorism Act 2006 (miscellaneous terrorist related offences);

(h) conspiring or attempting to commit a terrorism offence;

(i) incitement to commit a terrorism offence.

(7) For the purposes of this section an offence carries a maximum of at least 10 years' imprisonment if—

(a) it is punishable, on conviction on indictment, with imprisonment; and

(b) the maximum term of imprisonment that may be imposed on conviction on indictment of that offence is 10 years or more or is imprisonment for life.

(8) For the purposes of this section conduct has a terrorist connection if it is or takes place in the course of an act of terrorism or is for the purposes of terrorism.

(9) In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

Section 30 Start of trial and arraignment.

If a judge orders a preparatory hearing—

(a) the trial shall start with that hearing, and

(b) arraignment shall take place at the start of that hearing, unless it has taken place before then.

Section 31 The preparatory hearing.

(1) At the preparatory hearing the judge may exercise any of the powers specified in this section.

(2) The judge may adjourn a preparatory hearing from time to time.

(3) He may make a ruling as to—

(a) any question as to the admissibility of evidence;

(b) any other question of law relating to the case.

(c) any question as to the severance or joinder of charges.

(4) He may order the prosecutor—

(a) to give the court and the accused or, if there is more than one, each of them a written statement (a case statement) of the matters falling within subsection (5);

(b) to prepare the prosecution evidence and any explanatory material in such a form as appears to the judge to be likely to aid comprehension by a jury and to give it in that form to the court and to the accused or, if there is more than one, to each of them;

(c) to give the court and the accused or, if there is more than one, each of them written notice of documents the truth of the contents of which ought in the prosecutor’s view to be admitted and of any other matters which in his view ought to be agreed;

(d) to make any amendments of any case statement given in pursuance of an order under paragraph (a) that appear to the judge to be appropriate, having regard to objections made by the accused or, if there is more than one, by any of them.

(5) The matters referred to in subsection (4)(a) are—

(a) the principal facts of the case for the prosecution;

(b) the witnesses who will speak to those facts;

(c) any exhibits relevant to those facts;

(d) any proposition of law on which the prosecutor proposes to rely;

(e) the consequences in relation to any of the counts in the indictment that appear to the prosecutor to flow from the matters falling within paragraphs (a) to (d).

(6) Where a judge has ordered the prosecutor to give a case statement and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to give the court and the prosecutor written notice of any objections that he has to the case statement;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where a judge has ordered the prosecutor to give notice under subsection (4)(c) and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them to give the court and the prosecutor a written notice stating—

(a) the extent to which he agrees with the prosecutor as to documents and other matters to which the notice under subsection (4)(c) relates, and

(b) the reason for any disagreement.

(8) A judge making an order under subsection (6) or (7) shall warn the accused or, if there is more than one, each of them of the possible consequence under section 34 of not complying with it.

(9) If it appears to a judge that reasons given in pursuance of subsection (7) are inadequate, he shall so inform the person giving them and may require him to give further or better reasons.

(10) An order under this section may specify the time within which any specified requirement contained in it is to be complied with.

(11) An order or ruling made under this section shall have effect throughout the trial, unless it appears to the judge on application made to him that the interests of justice require him to vary or discharge it.

Section 32 Orders before preparatory hearing.

(1) This section applies where—

(a) a judge orders a preparatory hearing, and

(b) he decides that any order which could be made under section 31(4) to (7) at the hearing should be made before the hearing.

(2) In such a case—

(a) he may make any such order before the hearing (or at the hearing), and

(b) section 31(4) to (11) shall apply accordingly.

Section 33 Criminal Procedure Rules .

(1) Criminal Procedure Rules may provide that except to the extent that disclosure is required—

(a) by rules under section 81 of the Police and Criminal Evidence Act 1984 (expert evidence), or

(b) by section 5(7) of this Act,

anything required to be given by an accused in pursuance of a requirement imposed under section 31 need not disclose who will give evidence.

(2) Criminal Procedure Rules may make provision as to the minimum or maximum time that may be specified under section 31(10).

Section 34 Later stages of trial.

(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under section 31.

(2) Where—

(a) a party departs from the case he disclosed in pursuance of a requirement imposed under section 31, or

(b) a party fails to comply with such a requirement,

the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury or, in the case of a trial without a jury, the judge may draw such inference as appears proper.

(3) In doing anything under subsection (2) or in deciding whether to do anything under it the judge shall have regard—

(a) to the extent of the departure or failure, and

(b) to whether there is any justification for it.

(4) Except as provided by this section, in the case of a trial with a jury no part—

(a) of a statement given under section 31(6)(a), or

(b) of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under section 31,

may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned.

Section 35 Appeals to Court of Appeal.

(1) An appeal shall lie to the Court of Appeal from any ruling of a judge under section 31(3), from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section ... 44 of that Act which is made on the determination of such an application, but only with the leave of the judge or of the Court of Appeal.

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under subsection (1), but the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned.

(3) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against.

(4) Subject to rules of court made under section 53(1) of the Senior Courts Act 1981 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a) the jurisdiction of the Court of Appeal under subsection (1) above shall be exercised by the criminal division of the court;

(b) references in this Part to the Court of Appeal shall be construed as references to that division.

Section 36 Appeals to Supreme Court .

(1) In the Criminal Appeal Act 1968, in—

(a) section 33(1) (right of appeal to House of Lords), and

(b) section 36 (bail),

after “1987” there shall be inserted “ or section 35 of the Criminal Procedure and Investigations Act 1996 ” .

(2) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under Part II of the Criminal Appeal Act 1968, but the preparatory hearing shall not be concluded until after the appeal has been determined or abandoned.

Section 37 Restrictions on reporting.

(1) Except as provided by this section—

(a) no written report of proceedings falling within subsection (2) shall be published in the United Kingdom ;

(b) no report of proceedings falling within subsection (2) shall be included in a relevant programme for reception in the United Kingdom .

(2) The following proceedings fall within this subsection—

(a) a preparatory hearing;

(b) an application for leave to appeal in relation to such a hearing;

(c) an appeal in relation to such a hearing.

(3) The judge dealing with a preparatory hearing may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a) the preparatory hearing, or

(b) an application to the judge for leave to appeal to the Court of Appeal under section 35(1) in relation to the preparatory hearing.

(4) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of —

(a) an appeal to the Court of Appeal under section 35(1) in relation to a preparatory hearing,

(b) an application to that Court for leave to appeal to it under section 35(1) in relation to a preparatory hearing, or

(c) an application to that Court for leave to appeal to the Supreme Court under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing.

(5) The Supreme Court may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a) an appeal to the Supreme Court under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing, or

(b) an application to that House for leave to appeal to it under Part II of the Criminal Appeal Act 1968 in relation to a preparatory hearing.

(6) Where there is only one accused and he objects to the making of an order under subsection (3), (4) or (5) the judge or the Court of Appeal or the Supreme Court shall make the order if (and only if) satisfied after considering the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(7) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3), (4) or (5) the judge or the Court of Appeal or the Supreme Court shall make the order if (and only if) satisfied after considering the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(8) Subsection (1) does not apply to—

(a) the publication of a report of a preparatory hearing,

(b) the publication of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

(c) the inclusion in a relevant programme of a report of a preparatory hearing, or

(d) the inclusion in a relevant programme of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,

at the conclusion of the trial of the accused or of the last of the accused to be tried.

(9) Subsection (1) does not apply to a report which contains only one or more of the following matters—

(a) the identity of the court and the name of the judge;

(b) the names, ages, home addresses and occupations of the accused and witnesses;

(c) the offence or offences, or a summary of them, with which the accused is or are charged;

(d) the names of counsel and solicitors in the proceedings;

(e) where the proceedings are adjourned, the date and place to which they are adjourned;

(f) any arrangements as to bail;

(g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(10) The addresses that may be published or included in a relevant programme under subsection (9) are addresses—

(a) at any relevant time, and

(b) at the time of their publication or inclusion in a relevant programme;

and “ relevant time ” here means a time when events giving rise to the charges to which the proceedings relate occurred.

(11) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(12) In this section—

(a) “ publish ”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

(b) expressions cognate with “ publish ” shall be construed accordingly;

(c) “ relevant programme ” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

Section 38 Offences in connection with reporting.

(1) If a report is published or included in a relevant programme in contravention of section 37 each of the following persons is guilty of an offence—

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(3) Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

(3A) Proceedings for an offence under this section shall not be instituted in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.

(4) Subsection (12) of section 37 applies for the purposes of this section as it applies for the purposes of that.

Section 39 Meaning of pre-trial hearing.

(1) For the purposes of this Part a hearing is a pre-trial hearing if it relates to a trial on indictment and it takes place—

(a) after the accused has been sent for trial for the offence, and

(b) before the start of the trial.

(2) For the purposes of this Part a hearing is also a pre-trial hearing if—

(a) it relates to a trial on indictment to be held in pursuance of a bill of indictment preferred under the authority of section 2(2)(b) or (ba) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge), and

(b) it takes place after the bill of indictment has been preferred and before the start of the trial.

(3) For the purposes of this section the start of a trial on indictment occurs at the time when a jury is sworn to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before the time when a jury is sworn , when that plea is accepted; but this is subject to section 8 of the Criminal Justice Act 1987 and section 30 of this Act (preparatory hearings).

(4) The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

Section 40 Power to make rulings.

(1) A judge may make at a pre-trial hearing a ruling as to—

(a) any question as to the admissibility of evidence;

(b) any other question of law relating to the case concerned.

(2) A ruling may be made under this section—

(a) on an application by a party to the case, or

(b) of the judge’s own motion.

(3) Subject to subsection (4), a ruling made under this section has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them is disposed of; and the case against an accused is disposed of if—

(a) he is acquitted or convicted, or

(b) the prosecutor decides not to proceed with the case against him.

(4) A judge may discharge or vary (or further vary) a ruling made under this section if it appears to him that it is in the interests of justice to do so; and a judge may act under this subsection—

(a) on an application by a party to the case, or

(b) of the judge’s own motion.

(5) No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6) The judge referred to in subsection (4) need not be the judge who made the ruling or, if it has been varied, the judge (or any of the judges) who varied it.

(7) For the purposes of this section the prosecutor is any person acting as prosecutor, whether an individual or a body.

Section 41 Restrictions on reporting.

(1) Except as provided by this section—

(a) no written report of matters falling within subsection (2) shall be published in the United Kingdom ;

(b) no report of matters falling within subsection (2) shall be included in a relevant programme for reception in the United Kingdom .

(2) The following matters fall within this subsection—

(a) a ruling made under section 40;

(b) proceedings on an application for a ruling to be made under section 40;

(c) an order that a ruling made under section 40 be discharged or varied or further varied;

(d) proceedings on an application for a ruling made under section 40 to be discharged or varied or further varied.

(3) The judge dealing with any matter falling within subsection (2) may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of the matter.

(4) Where there is only one accused and he objects to the making of an order under subsection (3) the judge shall make the order if (and only if) satisfied after considering (in the case of proceedings in England and Wales) or hearing (in the case of proceedings in Northern Ireland) the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(5) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3) the judge shall make the order if (and only if) satisfied after considering (in the case of proceedings in England and Wales) or hearing (in the case of proceedings in Northern Ireland) the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.

(6) Subsection (1) does not apply to—

(a) the publication of a report of matters, or

(b) the inclusion in a relevant programme of a report of matters,

at the conclusion of the trial of the accused or of the last of the accused to be tried.

(7) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.

(8) In this section—

(a) “ publish ”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

(b) expressions cognate with “ publish ” shall be construed accordingly;

(c) “ relevant programme ” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

Section 42 Offences in connection with reporting.

(1) If a report is published or included in a relevant programme in contravention of section 41 each of the following persons is guilty of an offence—

(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(3) Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.

(4) Subsection (8) of section 41 applies for the purposes of this section as it applies for the purposes of that.

Section 43 Application of this Part.

(1) This Part applies in relation to pre-trial hearings beginning on or after the appointed day.

(2) The reference in subsection (1) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.