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Criminal Justice Act 2003 |
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The
new Act |
New provisions affect the way both the courts and police operate.
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Pre-trial changes
Reforms bail, charging and disclosure. |
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Bail |
Introduces a presumption against bail for defendants charged with an
imprisonable offence who are brought back to court having failed to
appear or commit an offence while out on bail.
Imposes restrictions on bail for those who test positive for a
specified Class A drug and refuse to undertake assessment and relevant
follow-up treatment;
Extends the prosecution right of appeal against bail.
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Drug testing |
Extend drug testing and treatment provision so that even more offenders
can tackle their addiction and cut drug related crime.
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Terrorism |
Extending the maximum possible period of detention without charge under
the Terrorism Act from seven to 14 days, when agreed by a court.
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ID fraud |
Making passport and driving licence fraud arrestable offences; and
increasing to two years the maximum penalty for making a fraudulent
application for a driving licence.
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Criminal trial process
Makes changes to rules of evidence,
double jeopardy, juries and appeals.
Make trials a search for the truth:
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Disclosure |
Improve defence and prosecution disclosure with increased incentives and
sanctions to ensure compliance.
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Prosecution appeals |
Gives the prosecution the right of appeal against judicial rulings which
effectively terminate the prosecution before the jury decides.
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Double jeopardy |
Allow
for retrial following an acquittal in serious cases where new and
compelling evidence comes to light, more detail
here.
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Bad character and and hearsay |
An
inclusionary approach to evidence, removes artificial barriers to the
truth by trusting juries with the widest range of evidence possible to
enable them to reach a just verdict.
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Sentencing |
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New sentencing framework |
Makes changes to
sentencing, through comprehensive reform of the sentencing framework.
Introduces provisions to address drug-related offending.
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