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EDITIONS
Thursday, 21 November, 2002, 17:14 GMT
Criminal Justice Bill: At a glance
Police on the beat
Police stop and search powers will be extended
The Criminal Justice Bill aims to rebalance the system in favour of victims, witnesses and communities.

Here are the key points at a glance:


  • Scrapping the double jeopardy law

    Until now, a defendant could not be tried twice for the same serious crime, even if there was compelling new evidence.

    This will be overturned under the new proposals, but a number of safeguards will be included to guard against harassment of acquitted people.

    Prosecutors will only be allowed to ask once for an acquittal to be quashed, so there is no prospect of repeated retrials.

  • Evidence of bad character

    Jurors will be told of a defendant's or witness' previous convictions where it is "relevant to the case", such as establishing an obvious modus operandi in sex attack cases.

  • Indeterminate sentences

    Dangerous offenders, including sex attackers, could be punished with "indeterminate sentences" so they can be kept inside after the end of their sentence if they are still considered a risk to the public.

  • Magistrates' sentencing powers

    Magistrates' powers to impose jail terms will go up from six months to 12.

  • Lone judges

    Judges will be allowed to sit alone in complex cases such as fraud trials and where there is a danger of intimidation or bribery such as in major drugs or gangland violence cases.

  • Hearsay evidence

    Where a witness is not available to testify, his or her statement could be used in evidence, and there could be greater use of video recorded statements for crucial evidence in serious cases.

  • Deferred sentence

    Offenders may be expected to do community work as part of his deferred sentence.

  • Juvenile provisions

    The bill extends the use of parenting orders by making them available at an earlier stage.

  • Drugs provisions

    The proposals allow testing of suspects for specified class A drugs and makes a presumption against bail for anyone who tests positive but refuses to undergo assessment for treatment.

  • Police and Criminal Evidence Act

    The bill extends stop and search powers for items intended to cause criminal damage, enables "street bail" or bail from the scene of arrest, extends a suspect's detention under the authority of a superintendent from 24 to 36 hours for an arrestable offence.

  • Bail

    Committing offences while on bail will count against a defendant's application for further bail under the plans.

  • Charging

    The Crown Prosecution Service will determine the charge of a suspect to see whether proceedings should be instituted and, if so, on which charge. Police will charge without reference on minor offences.

  • Conditional cautioning

    Suspects will be cautioned with specific conditions where there is enough evidence to charge them with an offence they admit.

  • Disclosure

    The prosecution will be required to disclose to the defence unused material that has not been previously revealed and which might be considered capable of undermining the prosecution case or of assisting the accused.

  • Jury service

    Exemptions to jury service will be reduced to enable more people to serve.

  • Live links

    Witnesses will be able to give evidence using TV links from remote locations if this is more effective or efficient.

  •  WATCH/LISTEN
     ON THIS STORY
    The BBC's Daniel Sandford
    "Ministers say it will re-balance the scales of justice"
    See also:

    14 Nov 02 | Politics
    13 Nov 02 | Politics
    17 Jul 02 | Politics
    Internet links:


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