Criminal Procedure and Investigations Act 1996

Part I — Disclosure

Introduction

Application of this Part.

1

• (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.

General interpretation.

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• (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.

The main provisions

Initial duty of prosecutor to disclose.

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• (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.

Initial duty to disclose: further provisions.

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• (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.

Compulsory disclosure by accused.

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• (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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voluntary disclosure by accused.

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• (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.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

Contents of defence statement

6A

• (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.

Updated disclosure by accused

6B

• (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.

Notification of intention to call defence witnesses

6C

• (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.

Notification of names of experts instructed by accused

6D

• (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.

Disclosure by accused: further provisions

6E

• (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.

Secondary disclosure by prosecutor.

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Continuing duty of prosecutor to disclose

7A

• (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).