Blackstone's Guide to the Criminal Justice Act 2003

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Format: Paperback
Pub. Date: 2004-12-16
Publisher(s): Blackstone Press
List Price: $154.08

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Summary

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

Author Biography


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

Table of Contents

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

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