Criminal Procedure And Investigations Act 1996

Year: 1996
Full text available: Here

Part I relates to disclosure of criminal evidence and prosecution material. Section 1(1) and (2) explain where the Act applies including the type of offences. Section 1(1)(c) addresses those under the age of 18 and states ‘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.’ Section 3 addresses primary disclosure by prosecutor there is reference to the public interest issue s.3(6) states ‘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 an orders accordingly.’ Section 4 relates to primary disclosure. Section 5 relates to compulsory disclosure by accused. Section 6 discusses voluntary disclosure by accused and section 7 refers to secondary disclosure by prosecutor. Section 8 addresses the application by accused for disclosure and under s.8(5) includes a restriction not to disclose if the material is not in the public interest.

The time limits are set out in Sections 12 and 13.

Sections 14 and 15 make reference to public interest. Section 14 applies to summary trials and section 15 applies to other cases.

The issue of confidentially is addressed under Sections 17 and 18.

Part II applies to criminal investigations. Section 23 sets out the code of practice.

Part IV relates to rulings. Section 41 gives the restrictions on reporting.

Part VI refers to the Magistrate’s Court. Section 52 gives details relating to remand distinguishing between those who have not attained the age of 17. Section 52 omits the restriction in Section 128 of the Magistrates’ Court Act 1980 that remand is restricted to those who have attained the age of 17.

Part VII includes, under Section 62 details of television links and video recordings.