Criminal Procedure and Investigations Act 1996
1996 Chapter 25 - continued

 
 
Time limits
Time limits.     12. - (1) This section has effect for the purpose of determining the relevant period for sections 3, 5, 6 and 7.
 
      (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 7 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.
 
Time limits: transitional.     13. - (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)),
 
    (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))."
      (2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7, section 7(7) shall have effect as if it read-
 
 
    "(7) The prosecutor must act under this section as soon as is reasonably practicable after the accused gives a defence statement under section 5 or 6."
 
 
Public interest
Public interest: review for summary trials.     14. - (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), 7(5), 8(5) or 9(8), 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).
 
Public interest: review in other cases.     15. - (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), 7(5), 8(5) or 9(8), 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).
 
Applications: opportunity to be heard.     16. Where-
 
 
    (a) an application is made under section 3(6), 7(5), 8(5), 9(8), 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), 7(5), 8(5), 9(8), 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.
 
previous section contents continue
  Other UK Acts |  Home |  Scotland Legislation |  Wales Legislation |  Northern Ireland Legislation |  Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1996
Prepared 21 December 1996