63J Retention of material: persons convicted of an offence outside England and Wales: other cases
(1) This section applies to material falling within subsection (2) relating to a person who is convicted of an offence under the law of any country or territory outside England and Wales.
(2) Material falls within this subsection if it is—
(a) fingerprints taken from the person under section 61(6D) (power to take fingerprints without consent in relation to offences outside England and Wales), or
(b) a DNA profile derived from a DNA sample taken from the person under section 62(2A) or 63(3E) (powers to take intimate and non-intimate samples in relation to offences outside England and Wales).
(3) The material may be retained indefinitely.
63K Retention of section 63D material: exception for persons under 18 convicted of first minor offence
(1) This section applies to section 63D material which—
(a) relates to a person who—
(i) is convicted of a recordable offence other than a qualifying offence,
(ii) has not previously been convicted of a recordable offence, and
(iii) is aged under 18 at the time of the offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(1A) In subsection (1)(a)(ii), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(2) Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
(3) Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely.
(4) Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until—
(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and
(b) in the case of a DNA profile, the end of the period of 5 years beginning with—
(i) the date on which the DNA sample from which the profile was derived was taken, or
(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
(5) But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
(5A) In subsection (5), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
(6) In this section, “relevant custodial sentence” means any of the following—
(a) a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code;
(b) a sentence of a period of detention and training (excluding any period of supervision) which a person is liable to serve under an order under section 211 of the Armed Forces Act 2006 or a secure training order.
63KA Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales
(1) This section applies where—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
(b) at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales,
(c) the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales but would not constitute a qualifying offence,
(d) the person is aged under 18 at the time of the offence mentioned in paragraph (b), and
(e) the person has not previously been convicted of a recordable offence.
(2) In subsection (1)(e), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(3) Where the person is sentenced to imprisonment or another form of detention for less than 5 years in respect of the offence mentioned in subsection (1)(b), the section 63D material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
(4) Where the person is sentenced to imprisonment or another form of detention for 5 years or more in respect of the offence mentioned in subsection (1)(b), the material may be retained indefinitely.
(5) Where the person is given a sentence other than a sentence of imprisonment or other form of detention in respect of the offence mentioned in subsection (1)(b), the material may be retained until the end of the period of 5 years beginning with the date on which the person was arrested for the offence (or, if the person was not arrested for the offence, the date on which the person was charged with it).
(6) But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
(7) In subsection (6), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
63L Retention of section 63D material: persons given a penalty notice
(1) This section applies to section 63D material which—
(a) relates to a person who is given a penalty notice under section 2 of the Criminal Justice and Police Act 2001 and in respect of whom no proceedings are brought for the offence to which the notice relates, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates.
(2) The material may be retained—
(a) in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,
(b) in the case of a DNA profile, for a period of 2 years beginning with—
(i) the date on which the DNA sample from which the profile was derived was taken, or
(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
63M Retention of section 63D material for purposes of national security
(1) Section 63D material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.
(2) A national security determination is made if a chief officer of police determines that it is necessary for any section 63D material to be retained for the purposes of national security.
(3) A national security determination—
(a) must be made in writing,
(b) has effect for a maximum of 5 years beginning with the date on which it is made, and
(c) may be renewed.
63N Retention of section 63D material given voluntarily
(1) This section applies to the following section 63D material—
(a) fingerprints taken with the consent of the person from whom they were taken, and
(b) a DNA profile derived from a DNA sample taken with the consent of the person from whom the sample was taken.
(2) Material to which this section applies may be retained until it has fulfilled the purpose for which it was taken or derived.
(3) Material to which this section applies which relates to—
(a) a person who is convicted of a recordable offence, or
(b) a person who has previously been convicted of a recordable offence (other than a person who has only one exempt conviction),
may be retained indefinitely.
(4) For the purposes of subsection (3)(b), a conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person is aged under 18.
(5) The reference to a recordable offence in subsection (3)(a) includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
(6) The reference to a recordable offence in subsections (3)(b) and (4), and the reference to a qualifying offence in subsection (4), includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
63O Retention of section 63D material with consent
(1) This section applies to the following material—
(a) fingerprints (other than fingerprints taken under section 61(6A)) to which section 63D applies, and
(b) a DNA profile to which section 63D applies.
(2) If the person to whom the material relates consents to material to which this section applies being retained, the material may be retained for as long as that person consents to it being retained.
(3) Consent given under this section—
(a) must be in writing, and
(b) can be withdrawn at any time.
63P Retention of 63D material in connection with different offence
(1) Subsection (2) applies if—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and
(b) the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.
(2) Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—
(a) in connection with the investigation of the offence mentioned in subsection (1)(b),
(b) on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).
(1) This section applies where section 63D material is or includes a person's fingerprints (“the original fingerprints”).
(2) A constable may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if any of conditions 1 to 3 are met.
(3) Condition 1 is met if—
(a) the further fingerprints are section 63D material, and
(b) the further fingerprints or the original fingerprints were taken in connection with a terrorist investigation.
(4) Condition 2 is met if the further fingerprints were taken from the person in England or Wales under—
(a) paragraph 10 of Schedule 8 to the Terrorism Act 2000,
(b) paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, ...
(c) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019,
(d) paragraph 10 of Schedule 6 to the National Security Act 2023, or
(e) paragraph 1 of Schedule 12 to that Act.
(5) Condition 3 is met if the further fingerprints—
(a) are material to which section 18 of the Counter-Terrorism Act 2008 applies, and
(b) are held under the law of England and Wales.
(6) Where a determination under this section is made in respect of the further fingerprints—
(a) the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by sections 63E to 63O (including those sections as applied by section 63P), and
(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).
(7) Subsection (6)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.
(8) A written record must be made of a determination under this section.
(1) If fingerprints are required by section 63D to be destroyed, any copies of the fingerprints held by the police must also be destroyed.
(2) If a DNA profile is required by that section to be destroyed, no copy may be retained by the police except in a form which does not include information which identifies the person to whom the DNA profile relates.
(1) This section applies to samples—
(a) taken from a person under any power conferred by this Part of this Act, or
(b) taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
(2) Samples to which this section applies must be destroyed if it appears to the responsible chief officer of police that—
(a) the taking of the samples was unlawful, or
(b) the samples were taken from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3) Subject to this, the rule in subsection (4) or (as the case may be) (5) applies.
(4) A DNA sample to which this section applies must be destroyed—
(a) as soon as a DNA profile has been derived from the sample, or
(b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.
(5) Any other sample to which this section applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.
(6) The responsible chief officer of police may apply to a District Judge (Magistrates' Courts) for an order to retain a sample to which this section applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5) if—
(a) the sample was taken from a person in connection with the investigation of a qualifying offence, and
(b) the responsible chief officer of police considers that the condition in subsection (7) is met.
(7) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—
(a) disclosure to, or use by, a defendant, or
(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.
(8) An application under subsection (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5).
(9) If, on an application made by the responsible chief officer of police under subsection (6), the District Judge (Magistrates' Courts) is satisfied that the condition in subsection (7) is met, the District Judge may make an order under this subsection which—
(a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5), and
(b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.
(10) An application for an order under subsection (9) (other than an application for renewal)—
(a) may be made without notice of the application having been given to the person from whom the sample was taken, and
(b) may be heard and determined in private in the absence of that person.
(11) A sample retained by virtue of an order under subsection (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(12) A sample that ceases to be retained by virtue of an order under subsection (9) must be destroyed.
(13) Nothing in this section prevents a speculative search, in relation to samples to which this section applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
(1) This section applies to impressions of footwear—
(a) taken from a person under any power conferred by this Part of this Act, or
(b) taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
(2) Impressions of footwear to which this section applies must be destroyed unless they are retained under subsection (3).
(3) Impressions of footwear may be retained for as long as is necessary for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.
(1) Any material to which section 63D, 63R or 63S applies must not be used other than—
(a) in the interests of national security,
(b) for the purposes of a terrorist investigation,
(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
(d) for purposes related to the identification of a deceased person or of the person to whom the material relates.
(2) Material which is required by section 63D, 63R or 63S to be destroyed must not at any time after it is required to be destroyed be used—
(a) in evidence against the person to whom the material relates, or
(b) for the purposes of the investigation of any offence.
(3) In this section—
(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
(b) the reference to crime includes a reference to any conduct which—
(i) constitutes one or more criminal offences (whether under the law of England and Wales or of any country or territory outside England and Wales), or
(ii) is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences, and
(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside England and Wales of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside England and Wales.
(1) Sections 63D to 63T do not apply to material to which paragraphs 20A to 20J of Schedule 8 to the Terrorism Act 2000 (destruction, retention and use of material taken from terrorist suspects) apply.
(2) Any reference in those sections to a person being arrested for, or charged with, an offence does not include a reference to a person—
(a) being arrested under section 41 of the Terrorism Act 2000, or
(b) being charged with an offence following an arrest under that section.
(3) Sections 63D to 63T do not apply to material to which paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 (requirement to destroy material) applies.
(4) Sections 63D to 63T do not apply to material to which paragraph 6 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (requirement to destroy material) applies.
(4A) Sections 63D to 63T do not apply to material to which paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (destruction, retention and use of material) apply.
(4B) Sections 63D to 63T do not apply to material to which—
(a) Part 4 of Schedule 6 to the National Security Act 2023 applies, or
(b) paragraph 6 of Schedule 12 to that Act applies.
(5) Sections 63D to 63T do not apply to material which is, or may become, disclosable under—
(a) the Criminal Procedure and Investigations Act 1996, or
(b) a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act.
(5A) A sample that—
(a) falls within subsection (5), and
(b) but for that subsection would be required to be destroyed under section 63R,
must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(5B) A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.
(6) Sections 63D to 63T do not apply to material which—
(a) is taken from a person, but
(b) relates to another person.
(7) Nothing in sections 63D to 63T affects any power conferred by—
(a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take reasonable steps to identify a person detained), or
(b) section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).
(1) A person who is detained at a police station may be photographed—
(a) with the appropriate consent; or
(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—
(a) with the appropriate consent; or
(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(1B) A person falls within this subsection if he has been—
(a) arrested by a constable for an offence;
(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;
(c) made subject to a requirement to wait with a community support officer or a community support volunteer under paragraph 7 of Schedule 3B to the Police Reform Act 2002 (“the 2002 Act”);
(ca) given a direction by a constable under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014;
(d) given a penalty notice by a constable ... under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;
(e) given a fixed penalty notice by a community support officer or community support volunteer who is authorised to give the notice by virtue of his or her designation under section 38 of the Police Reform Act 2002;
(f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.; or
(g) given a notice in relation to a relevant fixed penalty offence (within the meaning of Schedule 5A to the 2002 Act) by an accredited inspector by virtue of accreditation specifying that paragraph 1 of Schedule 5A to the 2002 Act applies to him.
(1C) A person to whom subsection (1) or (1A) does not apply may be photographed at a police station without the appropriate consent if that person falls within subsection (1D), (1F) or (1H).
(1D) A person falls within this subsection if (before or after the coming into force of this subsection) that person has been—
(a) arrested for a recordable offence and released,
(b) charged with a recordable offence, or
(c) informed that they will be reported for such an offence,
and either of the conditions in subsection (1E) is met in relation to that person.
(1E) The conditions referred to in subsection (1D) are—
(a) that the person has not been photographed in the course of the investigation of the offence by the police, or
(b) that the person has been so photographed but—
(i) any photograph taken on such a previous occasion is unavailable or inadequate, and
(ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
(1F) A person falls within this subsection if (before or after the coming into force of this subsection) that person has been—
(a) convicted of a recordable offence, or
(b) given a caution in respect of a recordable offence which, at the time of the caution they have admitted,
and either of the conditions in subsection (1G) is met in relation to that person.
(1G) The conditions referred to in subsection (1F) are—
(a) that the person has not been photographed since being convicted or cautioned, or
(b) that the person has been so photographed but—
(i) any photograph taken on such a previous occasion is unavailable or inadequate, and
(ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
(1H) A person falls within this subsection if—
(a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not they have been punished for it),
(b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and
(c) either of the conditions in subsection (1I) is met in relation to that person.
(1I) The conditions referred to in subsection (1H) are—
(a) that the person has not been photographed on a previous occasion by virtue of being a person falling within subsection (1H), or
(b) that the person has been so photographed but—
(i) any photograph taken on such a previous occasion is unavailable or inadequate, and
(ii) a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
(1J) A person who falls within subsection (1F) or (1H) may be photographed under subsection (1C) only with the authorisation of an officer of at least the rank of inspector.
(1K) An officer may only give an authorisation under subsection (1J) if the officer is satisfied that taking the photograph is necessary to assist in the prevention or detection of crime.
(1L) In subsections (1E), (1G) and (1I)—
(a) references to a photograph being unavailable include references to a photograph being lost or destroyed, and
(b) references to a photograph being inadequate include references to a photograph being—
(i) unclear,
(ii) an incomplete photograph of the subject, or
(iii) no longer an accurate representation of the subject’s appearance.
(1M) In subsections (1E), (1G), (1I) and (1K) references to crime include references to any conduct which—
(a) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or
(b) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.
(2) A person proposing to take a photograph of any person under this section—
(a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and
(b) if the requirement is not complied with, may remove the item or substance himself.
(3) Where a photograph may be taken under this section, the only persons entitled to take the photograph are constables.
(4) A photograph taken under this section—
(a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution or to the enforcement of a sentence; and
(b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
(5) In subsection (4)—
(a) the reference to crime includes a reference to any conduct which—
(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
and
(b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.; and
(c) “sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.
(6) References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.
(6A) In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.
(7) Nothing in this section applies to a person arrested under an extradition arrest power.
(1) In this Part of this Act—
“analysis”, in relation to a skin impression, includes comparison and matching;
“appropriate consent” means—
in relation to a person who has attained the age of 18 years, the consent of that person;
in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and
in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;
“DNA profile” means any information derived from a DNA sample;
“DNA sample” means any material that has come from a human body and consists of or includes human cells;
“extradition arrest power” means any of the following—
a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
section 5 of that Act;
a warrant issued under section 71 of that Act;
a provisional warrant (within the meaning given by that Act).
section 74A of that Act;
...
“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—
any of that person’s fingers; or
either of his palms;
“intimate sample” means—
a sample of blood, semen or any other tissue fluid, urine or pubic hair;
a dental impression;
a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;
“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;
“non-intimate sample” means—
a sample of hair other than pubic hair;
a sample taken from a nail or from under a nail;
a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;
saliva;
a skin impression;
“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;
“registered dentist” has the same meaning as in the Dentists Act 1984;
“registered health care professional” means a person (other than a medical practitioner) who is—
a registered nurse; or
a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;
“the responsible chief officer of police”, in relation to material to which section 63D or 63R applies, means the chief officer of police for the police area—
in which the material concerned was taken, or
in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;
“section 63D material” means fingerprints or DNA profiles to which section 63D applies;
“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record “ in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;
“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;
“sufficient” and “insufficient”, in relation to a sample, means (subject to subsection (2) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample;
“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and
“terrorism” has the meaning given in section 1 of that Act;
“terrorist investigation” has the meaning given by section 32 of that Act;
... ...
(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
(1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) References in this Part of this Act to a sample’s proving insufficient include references to where, as a consequence of—
(a) the loss, destruction or contamination of the whole or any part of the sample,
(b) any damage to the whole or a part of the sample, or
(c) the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,
the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.
(2A) In subsection (2), the reference to the destruction of a sample does not include a reference to the destruction of a sample under section 63R (requirement to destroy samples).
(2B) Any reference in sections 63F, 63H, 63P or 63U to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence.
(3) For the purposes of this Part, a person has in particular been convicted of an offence under the law of a country or territory outside England and Wales if—
(a) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity; or
(b) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against him in respect of the offence.
(1) In this Part, “qualifying offence” means—
(a) an offence specified in subsection (2) below, or
(b) an ancillary offence relating to such an offence.
(2) The offences referred to in subsection (1)(a) above are—
(a) murder;
(b) manslaughter;
(c) false imprisonment;
(d) kidnapping;
(da) an offence of indecent exposure;
(db) an offence under section 4 of the Vagrancy Act 1824, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;
(dc) an offence under section 28 of the Town Police Clauses Act 1847, committed by a person by wilfully and indecently exposing his person;
(e) an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;
(f) an offence under section 2 or 3 of the Explosive Substances Act 1883;
(fa) an offence under section 1 of the Infant Life (Preservation) Act 1929;
(g) an offence under section 1 of the Children and Young Persons Act 1933;
(ga) an offence under section 1 of the Infanticide Act 1938;
(gb) an offence under section 12 or 13 of the Sexual Offences Act 1956, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;
(gc) an offence under any other section of that Act, other than sections 18 and 32;
(gd) an offence under section 128 of the Mental Health Act 1959;
(ge) an offence under section 1 of the Indecency with Children Act 1960;
(h) an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;
(ha) an offence under section 5 of the Sexual Offences Act 1967;
(i) an offence under sections 16 to 18 of the Firearms Act 1968;
(j) an offence under section 8, 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;
(ja) an offence under section 1(1) of the Genocide Act 1969;
(k) an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;
(ka) an offence under section 54 of the Criminal Law Act 1977;
(l) an offence under section 1 of the Protection of Children Act 1978;
(m) an offence under section 1 of the Aviation Security Act 1982;
(n) an offence under section 2 of the Child Abduction Act 1984;
(na) an offence under section 1 of the Prohibition of Female Circumcision Act 1985;
(nb) an offence under section 1 of the Public Order Act 1986;
(o) an offence under section 9 of the Aviation and Maritime Security Act 1990;
(oa) an offence under section 3 of the Sexual Offences (Amendment) Act 2000;
(ob) an offence under section 51 of the International Criminal Court Act 2001;
(oc) an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003;
(p) an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59A , 61 to 66A, 66B(2) and (3), 67, 69 and 70 of the Sexual Offences Act 2003;
(q) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;
(r) an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008;
(ra) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);
(s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking);
(t) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018;
(u) an offence under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).
(v) an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.
(3) The Secretary of State may by order made by statutory instrument amend subsection (2) above.
(4) A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(5) In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—
(a) aiding, abetting, counselling or procuring the commission of the offence;
(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
(c) attempting or conspiring to commit the offence.
(1) For the purposes of this Part, any reference to a person who is convicted of an offence includes a reference to—
(a) a person who has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,
(b) a person who has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,
(c) a person who has been found not guilty of the offence by reason of insanity, or
(d) a person who has been found to be under a disability and to have done the act charged in respect of the offence.
(2) This Part, so far as it relates to persons convicted of an offence, has effect despite anything in the Rehabilitation of Offenders Act 1974.
(3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.
(4) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence.
(5) See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales).
The Secretary of State shall issue codes of practice in connection with—
(a) the exercise by police officers of statutory powers—
(i) to search a person without first arresting him; . . .
(ii) to search a vehicle without making an arrest; or
(iii) to arrest a person;
(b) the detention, treatment, questioning and identification of persons by police officers;
(c) searches of premises by police officers; and
(d) the seizure of property found by police officers on persons or premises.
(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.
(3) Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).
(1) In this section, “ code ” means a code of practice under section 60, 60A or 66.
(2) The Secretary of State may at any time revise the whole or any part of a code.
(3) A code may be made, or revised, so as to—
(a) apply only in relation to one or more specified areas,
(b) have effect only for a specified period,
(c) apply only in relation to specified offences or descriptions of offender.
(4) Before issuing a code, or any revision of a code, the Secretary of State must consult—
(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(aa) the Mayor's Office for Policing and Crime,
(ab) the Common Council of the City of London,
(b) the National Police Chiefs’ Council,
(c) the General Council of the Bar,
(d) the Law Society of England and Wales,
(e) the Institute of Legal Executives, and
(f) such other persons as he thinks fit.
(4A) The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—
(a) the revision is necessary in consequence of legislation, and
(b) the Secretary of State has no discretion as to the nature of the revision.
(4B) Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.
(4C) In subsection (4A), “legislation” means any provision of—
(a) an Act,
(b) subordinate legislation within the meaning of the Interpretation Act 1978.
(5) A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
(6) The power conferred by subsection (5) is exercisable by statutory instrument.
(7) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(7A) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(7B) When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
(7C) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(7D) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of . . . a code.
(9A) Persons on whom powers are conferred by—
(a) any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for civilian staff and volunteers), or
(b) any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),
shall have regard to any relevant provision of a code . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.
(10) A failure on the part—
(a) of a police officer to comply with any provision of . . . a code; . . .
(b) of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of . . . a code in the discharge of that duty, , or
(c) of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of . . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,
shall not of itself render him liable to any criminal or civil proceedings.
(11) In all criminal and civil proceedings any . . . code shall be admissible in evidence; and if any provision of . . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(12) In subsection (11) “ criminal proceedings ” includes service proceedings.
(13) In this section “ service proceedings ” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
In any proceedings the contents of a document may (whether or not the document is still in existence) be proved by the production of an enlargement of a microfilm copy of that document or of the material part of it, authenticated in such manner as the court may approve.
... concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of the words “authenticated in such manner as the court may approve.”
(1) In this Part of this Act—
“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly, and “statement” means any representation of fact, however made; and
“proceedings” means criminal proceedings, including service proceedings.
(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
(2) Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.
(1) Where in any proceedings the fact that a person has in the United Kingdom ... been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.
(2) For the purposes of this section a certificate of conviction or of acquittal—
(a) shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and
(b) shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the proper officer of the court where the conviction or acquittal took place or by the proper officer of the court, if any, to which a memorandum of the conviction or acquittal was sent; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.
(3) In subsection (2) above “proper officer” means—
(a) in relation to a magistrates’ court in England and Wales, the designated officer for the court; and
(b) in relation to any other court ..., the clerk of the court, his deputy or any other person having custody of the court record, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.
74 Conviction as evidence of commission of offence.
(1) In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, that that person committed that offence, where evidence of his having done so is admissible, whether or not any other evidence of his having committed that offence is given.
(2) In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.
(3) In any proceedings where evidence is admissible of the fact that the accused has committed an offence, . . . , if the accused is proved to have been convicted of the offence—
(a) by or before any court in the United Kingdom ...; or
(b) by a Service court outside the United Kingdom,
he shall be taken to have committed that offence unless the contrary is proved.
(4) Nothing in this section shall prejudice—
(a) the admissibility in evidence of any conviction which would be admissible apart from this section; or
(b) the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
(1) Where evidence that a person has been convicted of an offence is admissible by virtue of section 74 above, then without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based—
(a) the contents of any document which is admissible as evidence of the conviction; and
(b) the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,
shall be admissible in evidence for that purpose.
(2) Where in any proceedings the contents of any document are admissible in evidence by virtue of subsection (1) above, a copy of that document, or of the material part of it, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.
(3) Nothing in any of the following—
(a) Section 14 of the Powers of Criminal Courts (Sentencing ) Act 2000 or section 82 of the Sentencing Code (under which a conviction leading to ... discharge is to be disregarded except as mentioned in that section);
(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);
(b) section 247 of the Criminal Procedure (Scotland) Act 1995 (which makes similar provision in respect of convictions on indictment in Scotland); and
(c) section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds to section 13 of the Powers of Criminal Courts Act 1973) or any legislation which is in force in Northern Ireland for the time being and corresponds to that section,
shall affect the operation of section 74 above; and for the purposes of that section any order made by a court of summary jurisdiction in Scotland under section 182 or section 183 of the said Act of 1975 shall be treated as a conviction.
(4) Nothing in section 74 above shall be construed as rendering admissible in any proceedings evidence of any conviction other than a subsisting one.
(1) In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
(2) If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
(a) by oppression of the person who made it; or
(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaid.
(3) In any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, the court may of its own motion require the prosecution, as a condition of allowing it to do so, to prove that the confession was not obtained as mentioned in subsection (2) above.
(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
(a) of any facts discovered as a result of the confession; or
(b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
(6) Subsection (5) above applies—
(a) to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
(b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
(7) Nothing in Part VII of this Act shall prejudice the admissibility of a confession made by an accused person.
(8) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76A Confessions may be given in evidence for co-accused
(1) In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
(2) If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—
(a) by oppression of the person who made it; or
(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.
(3) Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.
(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
(a) of any facts discovered as a result of the confession; or
(b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
(6) Subsection (5) above applies—
(a) to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
(b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
(7) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
(1) Without prejudice to the general duty of the court at a trial on indictment with a jury to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial—
(a) the case against the accused depends wholly or substantially on a confession by him; and
(b) the court is satisfied—
(i) that he is mentally handicapped; and
(ii) that the confession was not made in the presence of an independent person,
the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.
(2) In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment with a jury , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
(3) In this section—
“independent person” does not include a police officer or a person employed for, or engaged on, police purposes;
“mentally handicapped”, in relation to a person, means that he is in a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; and
“police purposes” has the meaning assigned to it by section 101(2) of the Police Act 1996.
(1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
(2) Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If at the trial of any person for an offence—
(a) the defence intends to call two or more witnesses to the facts of the case; and
(b) those witnesses include the accused,
the accused shall be called before the other witness or witnesses unless the court in its discretion otherwise directs.
80 Competence and compellability of accused’s spouse or civil partner.
(1) In any proceedings the wife or husband of the accused shall be competent to give evidence—
(a) subject to subsection (4) below, for the prosecution; and
(b) on behalf of the accused or any person jointly charged with the accused.
(2) In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.
(2A) In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—
(a) to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or
(b) to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.
(3) In relation to the spouse or civil partner of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—
(a) it involves an assault on, or injury or a threat of injury to, the spouse or civil partner or a person who was at the material time under the age of 16;
(b) it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or
(c) it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.
(4) No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.
(4A) References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).
(5) In any proceedings a person who has been but is no longer married to the accused shall be competent and compellable to give evidence as if that person and the accused had never been married.
(5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.
(6) Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.
(7) In subsection (3)(b) above “sexual offence” means an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003 , or an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation). .
(8) The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.
(9) Section 1(d) of the Criminal Evidence Act 1898 (communications between husband and wife) and section 43(1) of the Matrimonial Causes Act 1965 (evidence as to marital intercourse) shall cease to have effect.
80A Rule where accused’s spouse or civil partner not compellable.
The failure of the spouse or civil partner of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.
81 Advance notice of expert evidence in Crown Court.
(1) Criminal Procedure Rules may make provision for—
(a) requiring any party to proceedings before the court to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings; and
(b) prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) above from adducing that evidence without the leave of the court.
(2) Criminal Procedure Rules made by virtue of this section may specify the kinds of expert evidence to which they apply and may exempt facts or matters of any description specified in the rules.
(1) In this Part of this Act—
“confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“proceedings” means criminal proceedings, including service proceedings;
“Service court” means the Court Martial or the Service Civilian Court.
(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.