Criminal Procedure and Investigations Act 1996
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Change 1
57 Tainted acquittals: supplementary.
(1) Section 45 of the Offences Against the Person Act 1861 (which releases a person from criminal proceedings in certain circumstances) shall have effect subject to section 54(4) of this Act. (2) The Contempt of Court Act 1981 shall be amended as mentioned in subsections (3) and (4). (3) In section 4 (contemporary reports of proceedings) after subsection (2) there shall be inserted— (2A) Where in proceedings for any offence which is an administration of justice offence for the purposes of section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) it appears to the court that there is a possibility that (by virtue of that section) proceedings may be taken against a person for an offence of which he has been acquitted, subsection (2) of this section shall apply as if those proceedings were pending or imminent. (4) In Schedule 1 (time when proceedings are active for purposes of section 2) in paragraph 3 (period for which criminal proceedings are active) after “4” there shall be inserted “ or 4A ”, and after paragraph 4 there shall be inserted— 4A Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.
57 Tainted acquittals: supplementary.
(1) Section 45 of the Offences Against the Person Act 1861 (which releases a person from criminal proceedings in certain circumstances) shall have effect subject to section 54(4) of this Act. (2) The Contempt of Court Act 1981 shall be amended as mentioned in subsections (3) and (4). (3) In section 4 (contemporary reports of proceedings) after subsection (2) there shall be inserted— (2A) Where in proceedings for any offence which is an administration of justice offence for the purposes of section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) it appears to the court that there is a possibility that (by virtue of that section) proceedings may be taken against a person for an offence of which he has been acquitted, subsection (2) of this section shall apply as if those proceedings were pending or imminent. (4) In Schedule 1 (time when proceedings are active for purposes of section 2) in paragraph 3 (period for which criminal proceedings are active) after “4” there shall be inserted “ or 4A ”, and after paragraph 4 there shall be inserted— 4A Where as a result of an order under section 54 of the Criminal Procedure and Investigations Act 1996 (acquittal tainted by an administration of justice offence) proceedings are brought against a person for an offence of which he has previously been acquitted, the initial step of the proceedings is a certification under subsection (2) of that section; and paragraph 4 has effect subject to this.
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