Office of Public Sector Information
PART III continued
In section 32A of the [1988 c. 33.] Criminal Justice Act 1988, in subsection (5)(b), the word “adequately” shall be inserted after the words “dealt with”.
(1) A person who does to another person—
(a) an act which intimidates, and is intended to intimidate, that other person;
(b) knowing or believing that the other person is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence; and
(c) intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with,
commits an offence.
(2) A person who does or threatens to do to another person—
(a) an act which harms or would harm, and is intended to harm, that other person;
(b) knowing or believing that the other person, or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence; and
(c) does or threatens to do the act because of what (within paragraph (b)) he knows or believes,
commits an offence.
(3) A person does an act “to” another person with the intention of intimidating, or (as the case may be) harming, that other person not only where the act is done in the presence of that other and directed at him directly but also where the act is done to a third person and is intended, in the circumstances, to intimidate or (as the case may be) harm the person at whom the act is directed.
(4) The harm that may be done or threatened may be financial as well as physical (whether to the person or a person’s property) and similarly as respects an intimidatory act which consists of threats.
(5) The intention required by subsection (1)(c) and the motive required by subsection (2)(c) above need not be the only or the predominating intention or motive with which the act is done or, in the case of subsection (2), threatened.
(6) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(7) If, in proceedings against a person for an offence under subsection (1) above, it is proved that he did an act falling within paragraph (a) with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the intention required by paragraph (c) of that subsection.
(8) If, in proceedings against a person for an offence under subsection (2) above, it is proved that he did or threatened to do an act falling within paragraph (a) within the relevant period with the knowledge or belief required by paragraph (b), he shall be presumed, unless the contrary is proved, to have done the act with the motive required by paragraph (c) of that subsection.
(9) In this section—
“investigation into an offence” means such an investigation by the police or other person charged with the duty of investigating offences or charging offenders;
“offence” includes an alleged or suspected offence;
“potential”, in relation to a juror, means a person who has been summoned for jury service at the court at which proceedings for the offence are pending; and
“the relevant period”—
in relation to a witness or juror in any proceedings for an offence, means the period beginning with the institution of the proceedings and ending with the first anniversary of the conclusion of the trial or, if there is an appeal or reference under section 17 of the [1968 c. 19.] Criminal Appeal Act 1968, of the conclusion of the appeal;
in relation to a person who has, or is believed by the accused to have, assisted in an investigation into an offence, but was not also a witness in proceedings for an offence, means the period of one year beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation; and
in relation to a person who both has, or is believed by the accused to have, assisted in the investigation into an offence and was a witness in proceedings for the offence, means the period beginning with any act of his, or any act believed by the accused to be an act of his, assisting in the investigation and ending with the anniversary mentioned in paragraph (a) above.
(10) For the purposes of the definition of the relevant period in subsection (9) above—
(a) proceedings for an offence are instituted at the earliest of the following times—
(i) when a justice of the peace issues a summons or warrant under section 1 of the [1980 c. 43.] Magistrates' Courts Act 1980 in respect of the offence;
(ii) when a person is charged with the offence after being taken into custody without a warrant;
(iii) when a bill of indictment is preferred by virtue of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933;
(b) proceedings at a trial of an offence are concluded with the occurrence of any of the following, the discontinuance of the prosecution, the discharge of the jury without a finding, the acquittal of the accused or the sentencing of or other dealing with the accused for the offence of which he was convicted; and
(c) proceedings on an appeal are concluded on the determination of the appeal or the abandonment of the appeal.
(11) This section is in addition to, and not in derogation of, any offence subsisting at common law.
(1) Section 9 of the [1981 c. 54.] Supreme Court Act 1981 (which provides for certain judges to act on request in courts other than that to which they were appointed) shall have effect with the amendments specified in subsections (2) to (5) below.
(2) In subsection (1)—
(a) after the words “Table may”, there shall be inserted the words “, subject to the proviso at the end of that Table,”;
(b) in the Table, in column 2, in the entry specifying the court relating to entry 5 in column 1 (Circuit judges), after the words “High Court” there shall be inserted the words “and the Court of Appeal”; and
(c) at the end of the Table there shall be inserted the following— “The entry in column 2 specifying the Court of Appeal in relation to a Circuit judge only authorises such a judge to act as a judge of a court in the criminal division of the Court of Appeal.”.
(3) In subsection (2)—
(a) in the definition of “the appropriate authority” after the words “High Court” there shall be inserted the words “or a Circuit judge”; and
(b) at the end, there shall be inserted the following— “but no request shall be made to a Circuit judge to act as a judge of a court in the criminal division of the Court of Appeal unless he is approved for the time being by the Lord Chancellor for the purpose of acting as a judge of that division.”.
(4) In subsection (5), for the words “subsection (6)” there shall be substituted the words “subsections (6) and (6A)”.
(5) After subsection (6) there shall be inserted the following subsection—
“(6A) A Circuit judge or Recorder shall not by virtue of subsection (5) exercise any of the powers conferred on a single judge by sections 31 and 44 of the [1968 c. 19.] Criminal Appeal Act 1968 (powers of single judge in connection with appeals to the Court of Appeal and appeals from the Court of Appeal to the House of Lords).”.
(6) The further amendments specified in subsections (7) to (9) below (which supplement the foregoing amendments) shall have effect.
(7) In section 55 of the Supreme Court Act 1981 (composition of criminal division of Court of Appeal)—
(a) in subsections (2) and (4), at the beginning, there shall be inserted the words “Subject to subsection (6),”; and
(b) after subsection (5), there shall be inserted the following subsection—
“(6) A court shall not be duly constituted if it includes more than one Circuit judge acting as a judge of the court under section 9.”.
(8) After section 56 of the Supreme Court Act 1981 there shall be inserted the following section—
No Circuit judge shall act in the criminal division of the Court of Appeal as a judge of that court under section 9 on the hearing of, or shall determine any application in proceedings incidental or preliminary to, an appeal against—
(a) a conviction before a judge of the High Court; or
(b) a sentence passed by a judge of the High Court.”.
(9) After the section 56A of the [1981 c. 54.] Supreme Court Act 1981 inserted by subsection (8) above there shall be inserted the following section—
(1) The appeals or classes of appeals suitable for allocation to a court of the criminal division of the Court of Appeal in which a Circuit judge is acting under section 9 shall be determined in accordance with directions given by or on behalf of the Lord Chief Justice with the concurrence of the Lord Chancellor.
(2) In subsection (1) “appeal” includes the hearing of, or any application in proceedings incidental or preliminary to, an appeal.”.
(1) After section 28(2) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 (certain expenses to be defrayed up to amount allowed by the Master (Taxing Office)) there shall be inserted the following subsections—
“(2A) Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under subsection (2)(a) above, he may apply to that Master to review his decision.
(2B) On a review under subsection (2A) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.
(2C) An application under subsection (2A) shall be made, and a review under that subsection shall be conducted, in accordance with rules of court.
(2D) Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above, he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.
(2E) Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above in relation to the expenses of a solicitor or counsel, he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.
(2F) On any appeal under subsection (2D) or (2E) above the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.
(2G) The power of the Master (Taxing Office) or the High Court to vary the amount of expenses allowed under subsection (2)(a) above includes power to increase or reduce that amount to such extent as the Master or (as the case may be) the High Court thinks fit; and the reference in subsection (2) above to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been so varied, be construed as a reference to that amount as so varied.”.
(2) Subsection (1) above does not have effect in relation to expenses allowed by the Master (Taxing Office) under section 28(2)(a) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 before the date on which that subsection comes into force.
Criminal Justice and Public Order Act 1994