Criminal Procedure (Volume 27 (2021), paras 1–442; Volume 28 (2021), paras 443–938)

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

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Criminal Procedure (Volume 27 (2021), paras 1–442; Volume 28 (2021), paras 443–938)

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Criminal Procedure (Volume 27 (2021), paras 1–442; Volume 28 (2021), paras 443–938)

1. Roles, Objectives and Jurisdiction

22. Extra-territorial jurisdiction over specific offences.

1. Scope of criminal procedure title.

2. Emergency powers under the Coronavirus Act 2020 etc.

3. The Secretary of State.

4. The Lord Chief Justice.

5. Authorities responsible for strategies to reduce crime and disorder in local government areas.

6. Formulation and implementation of strategies for reduction of crime and disorder in local government areas.

6A. Duties and powers of authorities to collaborate and plan to prevent and reduce serious violence

7. Preventing people from being drawn into terrorism.

8. Support etc for people vulnerable to being drawn into terrorism.

9. Prevention of fraud: sharing information with anti-fraud organisations.

10. Duty of certain national authorities to contribute to the reduction of crime.

10A. Prevention of Domestic Abuse

11. Courts of ordinary criminal jurisdiction.

12. Magistrates' courts.

13. The Crown Court.

14. Courts of special criminal jurisdiction.

15. Territorial jurisdiction.

16. The territorial limits of England and Wales.

17. Jurisdiction over offences within territorial or internal waters.

18. Offences aboard British or United Kingdom ships etc.

19. Offences in United Kingdom airspace or aboard British-controlled aircraft.

20. Offences committed partly within and partly outside England and Wales.

21. Extra-territorial jurisdiction generally.

23. Extra-territorial jurisdiction over specific groups.

24. Offences committed in, or by nationals of, countries party to the European Convention on the Suppression of Terrorism.

25. Extradition from the United Kingdom to another territory.

26. Doctrine of autrefois convict or autrefois acquit in respect of offences committed abroad.

3. Decisions as to Charge and Prosecution

50. Procedure for charging detained persons.

53. Detention after charge.

47. Duties of custody officer before charge: sufficient evidence test.

48. The decision as to whether to charge or not, and consequences of release on bail.

48A. Power of arrest for failure to answer police bail: provision for coronavirus

49. Decisions by the Director of Public Prosecutions regarding whether or not to charge or caution.

51. Duties of custody officer after charge.

52. Bail after charge.

54. The decision to prosecute.

55. Consents to prosecutions.

56. Decision to caution.

56A. Diversionary and community cautions

57. Simple cautions.

58. Restrictions on use of simple cautions.

59. Conditional cautions.

60. Youth cautions for children.

61. Youth conditional cautions for children.

62. Deferred prosecution agreements generally.

63. Content of a deferred prosecution agreement.

64. Code on deferred prosecution agreements.

65. Court approval of deferred prosecution agreements.

66. Breach of deferred prosecution agreement.

67. Variation of deferred prosecution agreement.

68. Discontinuance of proceedings on expiry of deferred prosecution agreement.

69. Recordable offences.

4. Bail

92. Bail where defendant arrested under Crown Court warrant.

115. Conditions of bail pending appeal.

123. Liability to arrest for absconding or breaking conditions of bail.

124. Absconding by person released on bail.

70. Bail in criminal proceedings.

71. Conditions of bail in case of police bail.

72. Supplementary provisions in cases of police bail.

73. Power to grant bail where police bail has been granted.

74. Bail on arrest.

75. Bail before charge.

76. General presumption, subject to exceptions, that a person is entitled to be granted bail.

77. General provisions relating to bail in criminal proceedings.

78. Exceptions to presumption in favour of bail where defendant is accused or convicted of an indictable offence.

79. Exceptions to entitlement to bail where a defendant is accused or convicted of a summary offence.

80. Exceptions to entitlement to bail where defendant is accused or convicted of non-imprisonable offences.

81. Conditions of bail granted by the court.

82. Bail with sureties.

83. Electronic monitoring requirements.

84. Record of bail decisions and duty to give reasons.

85. Reconsideration of decisions granting bail.

86. Prosecution appeals against the grant of bail.

87. Bail decisions relating to children accused of offences where value involved is small.

88. Offences for which magistrates cannot grant bail.

89. Bail on sending to Crown Court.

90. Exercise of discretion by justices in granting bail.

91. Postponement of taking recognisance.

93. Appeal to Crown Court against conditions of bail.

94. Power to remand in custody or on bail.

95. Remand in custody upon adjournment.

96. Further remand in custody on adjournment with defendant absent.

97. Committal upon remand to detention at a police station.

98. Remand on bail in accordance with the Bail Act 1976.

99. Arrest of person released on bail under a duty to surrender into the custody of a court.

100. General limitation on remand period.

101. Remand of defendant in custody for more than eight clear days.

102. Remand of defendant already in custody for up to 28 clear days.

103. Further remand.

104. Transfer of remand hearings.

105. Crown Court's power to grant bail.

106. Procedure on application to the Crown Court for bail.

107. Bail and custody before application for re-trial.

108. Bail and custody before hearing of application for re-trial.

109. Revocation of bail on application for re-trial.

110. Bail decisions in murder cases to be made by Crown Court judge.

111. Power of the High Court to grant, or vary the conditions of, bail.

112. Bail pending appeal.

113. Procedure on application to the High Court for bail.

114. Bail pending appeal to the Court of Appeal.

116. Variation and revocation of bail pending appeal.

117. Bail when interim hospital order quashed.

118. Bail in cases of venire de novo and re-trial, etc.

119. Bail and custody during and after hearing of application for re-trial.

120. Revocation of bail granted during or after hearing of application for re-trial.

121. Bail or detention pending appeal to the Supreme Court.

122. Forfeiture of a recognisance.

125. Agreeing to indemnify sureties in criminal proceedings.

5. General Aspects of Criminal Procedure

128A. Duties of justices' legal adviser

132. Methods of service under the Criminal Procedure Rules.

135. Court records.

137. Supply to the public, including reporters, of information about cases.

141. Power to institute criminal proceedings by written charge and requisition.

146. Issue of either summons or warrant to procure presence of the defendant.

191. Presence of defendant.

195. General right of members of the public to be present in court.

126. Practice and procedure in courts having criminal jurisdiction.

127. The overriding objective and the duty of participants in a criminal case.

128. Duties of the court and of the parties.

129. Power to vary or revoke directions for case management purposes.

130. Case preparation and progression.

130A. Case preparation and progression: provision for coronavirus

131. Conduct of trial or appeal.

133. Proof of service.

134. Forms.

135A. Court records: provision for coronavirus

136. Supply to a party of information or documents from records or case materials.

138. Methods used to initiate criminal proceedings.

139. Limitation of time in criminal proceedings.

140. Special procedures applicable where offence involves death of or bodily injury to child.

142. Institution of criminal proceedings by written charge.

143. The written charge and requisition.

144. Distinction between summons and complaint.

145. Institution of criminal proceedings by applying for a summons.

147. Issue of warrant of arrest on failure of summons to procure presence of the defendant.

148. Defects and variance in any summons or warrant.

149. Justices' discretion to grant process.

150. Persons who may apply for a summons.

151. Scope of an application for summons.

152. Withdrawal of summons.

153. Warrants issued when the court office is closed.

154. Warrant indorsed for bail.

155. Execution of warrants of arrest.

156. Return of property taken from defendant.

157. Prosecutor's duty to furnish information in magistrates' court.

158. Early administrative hearing.

159. Pre-trial hearings in the magistrates' court.

160. Pre-trial hearings in the Crown Court.

161. Service of overseas process in the United Kingdom.

162. Service of United Kingdom process abroad.

163. Service of written charge or requisition abroad.

164. Assistance in obtaining evidence abroad.

165. Assisting overseas authorities to obtain evidence in a part of the United Kingdom.

166. Powers to arrange for evidence to be obtained.

167. Nominating a court etc to receive evidence.

168. Extension of statutory search powers and issue of warrants.

169. Overseas Production Orders.

170. Mutual legal assistance requests.

171. General principles of fair disclosure to the defendant.

172. Disclosure or advance notification by the defendant.

173. The statutory scheme for disclosure and the Code of Practice relating to criminal investigations.

174. Application of statutory disclosure scheme.

175. Initial duty of the prosecutor to disclose.

176. Continuing duty of prosecutor to disclose.

177. Disclosure by defendant: defence statement.

216. Low-value shoplifting to be a summary offence.

178. Disclosure by defendant: intention to call witnesses.

179. Disclosure by defendant of names of any expert witnesses instructed.

180. Application by defendant for prosecution disclosure.

181. Prosecutor's application for public interest ruling.

182. Common law principles governing whether disclosure is in the public interest ('public interest immunity').

183. Review of public interest ruling.

184. Confidentiality.

185. Meaning of 'protected material' under the Sexual Offences (Protected Material) Act 1997.

186. Regulation of disclosures by the prosecutor.

187. Disclosure to the defendant's legal representative.

188. Disclosure to unrepresented defendant.

189. Disclosure by the Criminal Cases Review Commission.

190. Offences relating to protected material.

192. Trial of a person with an insufficient command of the language of the court.

193. Legal representation.

194. Attendance at court of parent or guardian where child on trial.

196. Reporting of proceedings generally.

197. Use of live links at preliminary hearings in a magistrates' court or the Crown Court.

198. Use of live links in sentencing hearings.

199. Use of live links in enforcement hearings relating to confiscation orders.

200. Construction of expressions relating to offences.

201. List of offences triable either way.

202. Jurisdiction of justices.

203. Jurisdiction of District Judges (Magistrates' Courts).

204. Ouster of jurisdiction by bona fide claim or assertion of right or title.

205. Legal representatives before a magistrates' court.

206. Jurisdiction of Crown Court in relation to proceedings on indictment etc.

207. Outline of procedure.

208. Order of consideration for either-way offences.

209. Adult defendant to indicate intention as to plea.

210. Proceedings relating to indication as to plea conducted in defendant's absence.

211. Statutory procedure for determining allocation (mode of trial).

212. Decision as to allocation of trial.

213. Allocation guidelines.

214. Procedure after court has decided whether case suitable for summary trial.

215. Certain offences triable either way to be tried summarily if value involved is small.

216. Low-value shoplifting to be a summary offence.

217. Power of court, with consent of legally represented defendant, to proceed in his absence.

218. Power of magistrates' court to change mode of trial for adult defendant.

219. Restrictions on reporting allocation proceedings.

220. Mode of trial where the person charged is under 18 years of age.

221. Provisions enabling a corporation to be brought to trial.

222. Power to transfer criminal proceedings.

General Editor

2. Prosecution: Powers and Authorities

27. Historical background to the power to prosecute.

28. The Attorney General and the Solicitor General.

29. The Director of Public Prosecutions.

30. The Chief Inspector of the Crown Prosecution Service.

31. The Director of the Serious Fraud Office.

32. Reports to the Attorney General.

33. Provision for reports to be made by chief officers of police to the Director of Public Prosecutions and the Director of the Serious Fraud Office.

34. The Crown Prosecution Service.

35. Duties of the Director of Public Prosecutions.

35A. Duties of the Director of Public Prosecutions: provision for coronavirus

36. Private prosecutions: interaction with general duty of the Director of Public Prosecutions.

37. Crown prosecutors.

38. Conduct of prosecutions on behalf of the Crown Prosecution Service.

39. Guidelines for Crown prosecutors.

40. Control of certain fees and expenses etc paid by the Crown Prosecution Service.

41. Delivery of recognisances etc to the Director of Public Prosecutions.

42. The Serious Fraud Office.

43. Functions of the Director of the Serious Fraud Office.

44. Control of certain fees and expenses etc paid by the Serious Fraud Office.

45. Delivery of recognisances to the Director of the Serious Fraud Office.

46. Disclosure of information obtained by the Serious Fraud Office.

6. Sending or Transferring Cases to the Crown Court

227. Duty of justices' legal adviser.

223. Where the court must send a defendant forthwith to the Crown Court for trial.

224. Sending for Crown Court trial.

224A. Remitting to magistrates' court for trial

225. Restrictions on reporting sending proceedings.

226. Matters to be specified on sending to the Crown Court for trial.

228. Duty of magistrates' court officer.

229. Service of prosecution evidence.

230. Application for dismissal of charges.

231. Restrictions on reporting applications for dismissal of charges.

232. Power of justice to take depositions, etc and their use as evidence in the Crown Court.

233. The giving of notices of transfer in serious or complex fraud cases.

234. The giving of notices of transfer in certain cases involving children.

7. Proceedings Involving Children

256. Restrictions on reporting criminal investigations involving .

235. The justice system and children.

236. General principles applicable to proceedings in youth courts.

237. Jurisdiction of youth courts and determination of age.

238. Sittings of youth courts.

239. Powers of youth courts to remand for further inquiries.

240. Parties who may attend summary trial in a youth court.

241. Requirement of parents, guardians or other supporting adult to attend court.

242. Summary trial of child for certain serious offences at youth court.

243. Sending cases involving children to the Crown Court for trial.

244. Procedure to determine whether child is sent to Crown Court for trial.

245. Sending a child charged jointly with an adult to Crown Court.

246. Power of magistrates' court to remit child for trial to youth court where persons charged jointly with an adult.

247. Procedure to determine whether to send defendant for trial conducted in his absence.

248. Restrictions on reporting sending proceedings involving children to the Crown Court.

249. Procedure where no main offence remains on indictment against defendant who is a child.

250. Committal for sentence of child on conviction for trial of certain serious offences.

250A. Committal for sentence of child on conviction for certain terrorist offences

251. Committal for sentence of child on conviction for dangerousness.

252. Committal for sentence on indication of guilty plea by child with related offences.

253. General restrictions on the reporting of youth court proceedings.

254. Power to dispense with restrictions on the reporting of youth court proceedings.

255. Restrictions on the reporting of civil proceedings in the youth court.

257. Power to restrict reporting of criminal proceedings involving children.

258. Power to restrict reporting of criminal proceedings for lifetime of witnesses and victims who are children.

259. Offences relating to reporting restrictions involving children.

260. Commission of offences by providers of information society services.

8. Cases Tried in Magistrates' Courts

262. Case progression and trial preparation in magistrates' courts.

263. Pre-trial hearings in magistrates' courts: general rules.

264. Attendance and duties of justices' legal adviser.

267. Statutory declaration of ignorance of proceedings: procedure.

272. Cases triable by a single justice on the papers.

275A. Automatic online convictions option

275B. Penalties for automatic online convictions

275C. Notice of conviction and penalty

275D. Powers to set aside a conviction or replace a penalty

290. Procedure on plea of guilty at summary trial.

303. Procedure if the court convicts.

308. Setting aside a conviction or varying a costs order etc in the magistrates' court: procedure.

309. Varying or rescinding a sentence or other order in the magistrates' court: procedure.

261. Practice and procedure in magistrates' courts.

265. Procedure where defendant fails to appear.

266. Effect of defendant making statutory declaration of ignorance of proceedings.

268. Non-appearance of prosecutor.

269. Non-appearance of both parties.

270. Procedure where defendant wants to plead guilty without attending court.

271. Acceptance or rejection of written plea of guilty.

273. Cases tried by a single justice on the papers: procedure.

274. Cases not tried, or ceasing to be tried, in accordance with the single justice procedure.

275. Defendant not aware of the single justice procedure notice.

276. Pre-trial hearings prior to summary trial.

277. Restrictions on reporting pre-trial hearings and rulings.

278. Initial details of prosecution case.

279. Power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings.

280. Custody time limits in magistrates' courts.

281. Application for extension of custody time limit.

282. Re-institution of stayed proceedings.

283. General power of magistrates' court to adjourn trial.

284. Power to adjourn plea before venue proceedings and to remand defendant.

285. Power to adjourn allocation proceedings and to remand defendant.

286. Power to adjourn before sentence and remand defendant for inquiries.

287. Power to remand for medical examination.

288. Place of trial and access to hearing.

289. Taking of plea at summary trial.

291. Procedure on plea of not guilty at summary trial.

292. Defence of prior acquittal or conviction.

293. Onus of proof of statutory exception, etc.

294. Securing attendance of witness.

295. Examination of witnesses.

296. Witness refusing to give evidence.

297. Discontinuance of proceedings in magistrates' courts.

298. Role of magistrates' specialised knowledge in coming to decision.

299. How decision of a magistrates' court may be determined.

300. Postponement of announcement of decision.

301. The decision whether to convict the defendant or to dismiss the case.

302. Effect of dismissal of case for offence triable either way.

304. Statement of defendant's record for sentencing purposes.

305. Records of adjudications and decisions of the court.

306. The doctrine of functus officio.

307. Power of courts to re-open cases where a person is convicted by a magistrates' court.

310. Committal of adult for sentence on conviction of serious offence triable either way.

311. Committal of corporation for sentence on summary trial of offence triable either way.

312. Committal for sentence of dangerous adult offenders.

313. Committal for sentence on indication of guilty plea to offence triable either way.

314. Committal for sentence in certain cases where offender committed in respect of another offence.

315. Power of justices to remit offender to another magistrates' court for sentence.

315A. Power to remit adult offenders to magistrates' courts for sentence

316. Information to be supplied on committal for sentence etc.

9. Trial on Indictment

323. Restrictions on preferring indictments.

342. Plea and trial preparation hearings etc.

355. Procedure when defendant does not appear.

361. Presence of defendant on trial on indictment.

379. Pleading generally.

383. Plea of guilty.

384. Agreement as to, or determination of, factual basis upon which plea of guilty is founded.

407. Defendant as a witness.

412. Judge's summing up.

427. Delivery of unanimous verdict.

428. Procedure on majority verdict.

434. Proof of previous convictions.

317. All proceedings on indictment to be before the Crown Court.

318. Practice and procedure in the Crown Court.

319. Power to alter place of Crown Court trial.

320. Discontinuance of proceedings after defendant has been sent for trial.

321. What an indictment is.

322. How an indictment is preferred.

324. Power to join in indictment count for specified summary offences.

325. Voluntary bills of indictment.

326. Decision on application for consent to prefer bill of indictment.

327. General provisions as to indictments.

328. Form and content of indictment.

329. Duplicity.

330. Joinder of offences.

331. Joinder of two or more defendants.

332. Whether two persons jointly indicted should be tried together or separately.

333. Power to postpone trial and direct separate trial of counts.

334. Stay of indictment.

335. Power to make orders against vexatious litigants.

336. Objections to indictments.

337. Amendment of indictments.

338. Abuse of process.

339. Stay of proceedings by nolle prosequi.

340. Active case management.

341. Use of live links at preliminary hearings.

343. Meaning of 'pre-trial hearing' to consider questions of law, etc.

344. Judge's powers at pre-trial hearing.

345. Restrictions on reporting matters relating to a pre-trial hearing; offences.

346. Power to direct preparatory hearing in fraud cases of sufficient seriousness or complexity.

347. Power to direct preparatory hearing in other cases of sufficient seriousness, complexity or length.

348. Application for preparatory hearing.

349. Determination of application for preparatory hearing.

350. Judge's powers at preparatory hearing.

351. Determination at preparatory hearing of application for sample counts to be tried without a jury.

352. Restrictions on reporting preparatory hearings.

353. Case statements and other case information disclosed at preparatory hearing.

354. Appearance of defendant.

356. Illness or mental disorder preventing a defendant from appearing.

357. Procedure where no main offence remains on indictment against defendant sent for trial to the Crown Court.

358. Procedure where the Crown Court proceeds in absence of defendant against whom no main offence remains on indictment.

359. Procedure where the Crown Court considers that an offence is more suitable for alternative mode of trial.

360. Arraignment.

362. Defendant standing mute, whether of malice or by visitation of God.

363. The question of whether a defendant is fit to be tried.

364. Procedure where defendant unfit to plead.

365. Motion to quash indictment.

366. Demurrer.

367. Application to hold a Crown Court trial in private.

368. Power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings.

369. Custody time limits in the Crown Court.

369A. Custody time limits in the Crown Court: provision for coronavirus

370. Application for extension of custody time limit.

371. Bail on expiry of Crown Court custody time limit.

372. What special pleas a defendant is entitled to make.

373. Plea to the jurisdiction.

374. Pardon.

375. Plea of autrefois convict or autrefois acquit.

376. Proof of plea of autrefois convict or autrefois acquit.

377. Grounds on which plea of autrefois convict or autrefois acquit can succeed.

378. Issue estoppel.

380. Plea by corporation.

381. Plea of not guilty.

382. Procedure on plea of not guilty.

385. Application to change plea of guilty.

386. Calling the jury.

387. Challenges.

388. Swearing and giving the defendant in charge to the jury.

389. Information and directions to jury at start of trial.

390. Presence of jury during course of trial.

391. Communications between judge and jury during course of hearing.

392. Evidence in the absence of jury.

393. View by jury.

394. Power to discharge jury.

395. Reasons for discharge during trial.

396. Effect of discharge during trial.

397. Death or discharge of individual juror.

398. Power to adjourn.

399. Securing attendance of witness.

400. Punishment for disobedience to witness order or summons.

401. Evidence of a witness in person or in writing.

402. Opening the case for the prosecution.

403. Calling prosecution witnesses.

404. Prosecution duty in respect of calling or tendering witnesses.

405. Close of case for the prosecution.

406. Submission of no case to answer.

408. Putting the defence case.

409. Fresh evidence for the prosecution after close of case.

410. Closing speeches of advocates.

411. Power of judge to call witness.

413. Directions on burden and standard of proof.

414. Dealing with the defence and other possible defences.

415. Other directions.

416. Summing up in case of a number of defendants.

417. Retirement of jury.

418. Separation of jury.

419. Irregularity after the delivery of the verdict.

420. Consideration of verdict.

421. Communications between judge and jury after summing up.

422. Permissible verdicts.

423. General power to convict of an offence other than that charged.

424. Alternative verdicts on indictment for murder.

425. Special verdict.

426. Majority verdict.

429. Reconsideration of verdict.

430. Correction of verdict.

431. Verdict of not guilty and special verdict.

432. Discharge if jury cannot agree.

433. Procedure if the court convicts.

435. Outstanding charges.

436. Finality of verdict.

437. Adjournment after conviction.

438. Other matters relevant to sentence.

439. Adjourning to another court.

440. Passing the sentence.

441. Variation or rescission of Crown Court sentence.

442. Persons active in the apprehension of arrestable offenders; rewards.

10. Evidence and Witnesses

452. Evidence of spent convictions not admissible.

586. Reliability of expert opinion.

443. Function and classification of rules of evidence.

444. Distinction between rules of evidence in criminal and civil cases.

445. Facts in issue.

446. Questions of fact and questions of law.

447. Secondary or collateral issues regarding questions of admissibility or of fact.

448. Competence of witnesses to give evidence in criminal proceedings.

449. Determining admissibility of evidence in absence of jury ('voir dire' or 'trial within a trial').

652. Editing of confessions.

450. Relevance and admissibility of evidence.

451. Discretion to exclude admissible evidence.

453. Relevant facts and circumstantial evidence.

454. The 'best evidence' and 'primary evidence' rules.

455. Persuasive and evidential burdens of proof.

456. Persuasive burden generally on prosecution.

457. Persuasive burden on defendant.

458. Compatibility of persuasive burden on defendant with European Convention on Human Rights.

459. Evidential burden on defendant.

460. Standard of proof.

461. Burden of proving the admissibility of evidence, etc.

462. Classification of presumptions of law.

463. Irrebuttable presumptions of law.

464. Rebuttable presumptions of law.

465. Presumptions of fact and representations of fact.

466. The nature of judicial notice.

467. Judicial notice of obvious or notorious facts.

468. Judicial notice after inquiry.

469. Personal knowledge of judges, magistrates or jurors.

470. Judicial notice of United Kingdom, EU and human rights law.

471. Privilege generally.

472. Admissibility of evidence on privileged matters.

473. Privilege against self-incrimination.

474. Exceptions to the privilege against self-incrimination.

475. Assistance by offender: undertakings as to use of evidence.

476. Legal professional privilege.

477. Public interest immunity (formerly 'Crown privilege').

478. Competence of witnesses generally.

479. Compellability of witnesses.

480. Oaths and affirmations.

481. Determining competence of witness to give sworn evidence.

482. Reception of unsworn evidence.

483. Competence and compellability of spouse or civil partner of defendant.

484. Witness wrongly compelled to testify.

485. Capacity of absent witnesses.

486. Evidence of defendant.

487. Securing attendance of witnesses.

488. Transfer of overseas prisoners for the purpose of criminal proceedings or investigations in the United Kingdom.

489. Transfer of overseas prisoner pursuant to agreement with competent authority of participating country.

490. Evidence of overseas witnesses, other than vulnerable witnesses, through live television link[: service courts].

491. Evidence given in Crown Court by live link from within the United Kingdom.

492. Transfer of United Kingdom prisoner to give evidence or assist investigation overseas.

493. Transfer of United Kingdom prisoner pursuant to agreement with competent authority of participating country.

494. Witnesses giving evidence in foreign proceedings from the United Kingdom through live television links.

495. Witnesses giving evidence in foreign proceedings from the United Kingdom by telephone.

496. Statutory and non-statutory measures.

497. Protection arrangements for persons at risk.

498. Joint arrangements and transfer of responsibility between protection providers.

499. Duty of public authorities to assist protection providers.

500. Offence of disclosing information about protection arrangements.

501. Offences of disclosing information relating to persons assuming new identity.

502. Liability in relation to protection arrangements involving assumption of new identity.

503. Power to confer anonymity in investigations.

504. Power to confer witness anonymity orders.

505. Applications for making witness anonymity orders.

506. Conditions for making witness anonymity orders.

507. Discharge and variation of witness anonymity orders.

508. Inadmissibility of anonymous hearsay.

509. Ground rules hearings to plan the questioning of a vulnerable witness or defendant.

510. Witnesses eligible for assistance on grounds of age or incapacity.

511. Witnesses eligible for assistance on grounds of fear or distress.

512. Witnesses eligible for assistance in trials of sexual or modern slavery offences.

513. Witnesses eligible for assistance in trials of offences involving firearms and knives.

514. Special measures available to witnesses eligible for assistance.

515. Special measures directions.

516. Child witnesses.

517. Screening the witness from the defendant.

518. Evidence by live link.

519. Evidence given in private.

520. Removal of wigs and gowns.

521. Video recorded evidence in chief.

522. Video recorded cross-examination or re-examination.

523. Examination of witness through intermediary.

524. Aids to communication.

525. Status of evidence given in accordance with special measures direction.

526. Direction for defendant to give evidence through live link.

527. Direction for defendant to give evidence through intermediary.

528. Power to make a reporting or excepting direction in relation to adult witness in criminal proceedings.

529. Power to restrict reporting of criminal proceedings: persons under 18.

530. Restrictions on reporting directions.

531. Offences relating to reporting directions.

532. Reporting and access restrictions; sound recording and electronic communications.

533. Evidence to establish credibility.

534. Leading questions.

535. Unfavourable witnesses.

536. Hostile witnesses.

537. Previous consistent statements of witnesses.

538. Refreshing memory.

539. Documents used to refresh memory.

540. General principles governing cross-examination.

541. Restrictions on cross-examination by defendant in person.

542. Effect of restrictions on cross-examination by defendant in person.

543. Failure to cross-examine.

544. Cross-examination as to credit.

545. Finality of answers on credit and other collateral issues.

546. Exceptions to the finality rule.

547. Protection of complainants in proceedings for sexual offences.

548. Meaning of 'sexual behaviour'.

549. Procedure for applications for leave to adduce evidence as to complainant's sexual behaviour.

550. Cross-examination of vulnerable witnesses.

551. Re-examination.

552. General principles of corroboration.

553. Cases in which strict corroboration is still required.

554. What may amount to corroboration.

555. Direction as to corroboration.

556. Judicial warnings in respect of suspect evidence.

557. Warnings related to DNA.

558. Defendant's lies or other self-incriminating behaviour.

559. Proof of identity of defendant.

560. Visual identification by witnesses: general principles.

561. Pre-trial identification procedures.

562. Weight or sufficiency of visual identification evidence at trial.

563. Voice identification.

564. Identification by fingerprints.

565. Identification by DNA evidence.

566. Meaning of documentary evidence.

567. The primary evidence rule.

568. Copies of documents admissible by legislation.

569. Production of original documents in court.

570. Real evidence.

571. Views, demonstrations and reconstructions.

572. Proof of public documents and registers.

573. Proof of consents to prosecutions.

574. Documentary proof of age.

575. Audio and video recordings.

576. Intercept evidence.

577. Representations other than by a person.

578. Form of evidence and glossaries.

579. Expert evidence: general principles.

580. Evidence of opinion or belief generally inadmissible.

581. Opinions of ordinary witnesses.

582. Competence of expert witnesses.

583. Duty of expert witnesses to assist the court.

584. Expert reports and evidence: admissibility and pre-trial disclosure.

585. Proof of facts upon which expert opinion is based.

587. Opinion evidence on the ultimate issue.

588. Weight and evaluation of expert evidence.

589. Evidence of general reputation and character.

590. Psychiatric and psychological evidence.

591. Expert evidence as to foreign law.

592. Expert evidence in obscenity cases.

593. DNA evidence.

594. Facial mapping.

595. Evidence as to handwriting.

596. Evidence of polygraph analysis or hypnosis.

597. Previous conviction of defendant as element of offence charged.

598. Convictions by United Kingdom or service courts as evidence of commission of offence.

599. Evidential value of acquittals, civil judgments and rulings of foreign courts.

600. Proof of convictions and acquittals.

601. Proof of civil judgments and proceedings.

602. In general.

603. References to evidence of a person's 'bad character'.

604. Applications to introduce evidence of defendant's bad character or to exclude it.

605. Admissibility of evidence of defendant's bad character (the 'statutory gateways').

606. The first gateway: agreement as to admissibility.

607. The second gateway: evidence adduced by or elicited from defendant.

608. The third gateway: important explanatory evidence.

609. The fourth gateway: important matter in issue between the defendant and the prosecution.

610. Convictions capable of establishing defendant's propensity to commit offences of the kind with which he is charged.

611. The fifth gateway: important matter in issue between the defendant and a co-defendant.

612. The sixth gateway: evidence to correct a false impression given by the defendant.

613. The seventh gateway: attack by defendant on another person's character.

614. Evidence of defendant's bad character: credibility and contamination.

615. Defendant's spent convictions and convictions for childhood offences.

616. Bad character of defendant in cases of handling stolen goods.

617. Evidence of non-defendant's bad character.

618. Determination of application to admit bad character evidence; duty of court to give reasons for rulings.

619. Positive and negative evidence of good character.

620. Good character of persons other than defendants.

621. Good character of defendants.

622. Hearsay and original evidence: general principles.

623. Statutory framework for hearsay evidence.

624. Admissibility and exclusion of hearsay evidence.

625. Discretions and safeguards for the use of hearsay evidence.

626. Admissibility of 'multiple hearsay' evidence.

627. Admissibility of statement not made in oral evidence where witness is unavailable.

628. Admissibility of statement contained in business and other document.

629. Public information etc.

630. Reputation as to character or family tradition.

631. Res gestae.

632. Confessions and admissions.

633. Common enterprise or conspiracy.

634. Expert evidence.

635. Hearsay admissible in the interests of justice.

636. Other previous statements of a witness.

637. Rules of Court and notice requirements for admissibility of hearsay evidence.

638. Credibility of maker of hearsay statement.

639. Duty of judge to stop case where hearsay evidence is unconvincing.

640. Deposition of child or young person.

641. Proof by written statement.

642. Examples of admissibility of evidence by certificate or declaration.

643. Judicial admissions.

644. Formal admissions.

645. Statements made on behalf of the defendant.

646. Confessions by defendants: general principles.

647. Mixed and self-serving statements.

648. Evidence of defendant on previous occasions.

649. Confessions: determining admissibility.

650. Confessions by mentally handicapped persons.

651. Discretionary exclusion of confessions.

653. Inadmissible confessions as previous inconsistent statements.

654. Facts discovered as a result of inadmissible confessions.

655. Confession by one of two or more defendants.

656. Inferences at common law and by statute.

657. Defendant's reaction to statements or accusations in his presence.

658. Defendant's failure when questioned under caution to mention facts later relied upon in court.

659. Defendant's failure or refusal to account for objects, substances or marks.

660. Defendant's failure or refusal to account for presence at a particular place etc.

661. Failure of defendant to testify at trial.

662. Failure to call spouse or other possible witnesses.

663. Faults in disclosure by defendant.

664. Direction as to defendant's failures.

11. Appeals and Re-trials

671. Application to justices for statement of case and preparation of case stated.

729. Notice of appeal.

730. Respondent's notice.

735. Notice of appeal where prosecution wants to appeal against adverse ruling.

736. Respondent's notice.

768. Respondent's notice.

665. Types of appeal.

666. When the right of appeal lies from a magistrates' court to the Crown Court.

667. Control by judicial review of proceedings before magistrates' courts.

668. When the right of appeal by way of case stated exists.

669. Effect of appealing by way of case stated.

670. Duty of justices to state a case.

672. Recognisances on appeal by way of case stated.

673. Bail on case stated.

674. Procedure to be followed on appeal or referral of case to High Court.

675. Appearance of justices on hearing of appeal by way of case stated.

676. Powers of the High Court in respect of hearing of appeals by way of case stated.

677. Orders as to costs.

678. Effect of decisions made on case stated or on appeal.

679. Right of appeal from magistrates' courts to the Crown Court.

680. Appeal by person committed to the Crown Court for sentence etc.

681. Practice on appeal.

682. Respondent to the appeal.

683. Application to extend a custody time limit.

684. Appeals to the Crown Court against a decision in respect of custody time limits.

685. Service of notice of appeal to the Crown Court.

686. Service of reference by the Criminal Cases Review Commission.

687. Bail pending appeal.

688. Documents, exhibits and introduction of further evidence.

689. Preparation for appeal.

690. Notice of hearing.

691. Abandonment of appeal.

692. Effect of death of parties.

693. Non-appearance of parties.

694. Preliminary matters to be heard.

695. Appeal by way of rehearing.

696. The question for the Crown Court when the appeal is against sentence.

697. Power of the Crown Court to correct order or judgment in the course of hearing any appeal.

698. Powers of Crown Court on termination of hearing appeal from magistrates' courts.

699. Notification of decision determining an appeal made to the Crown Court.

700. Costs on appeal.

701. Enforcement of decision.

702. Appeal by case stated from the Crown Court.

703. No case to be stated in relation to trial on indictment.

704. Application to state a case.

705. Preparation of case stated.

706. Bail pending case stated.

707. Powers of the High Court on an appeal by case stated.

708. Costs on appeal to High Court.

709. Control by judicial review.

710. Mandatory order.

711. Quashing order.

712. Prohibiting order.

713. Bail on application for quashing order.

714. Alteration of sentence on application for quashing order.

715. Costs in the High Court.

716. Certification of acquittals tainted by interference with or intimidation of juror or witness.

717. Application for order quashing tainted acquittal following certification.

718. Determination whether or not to make order quashing tainted acquittal.

719. Effect of determination whether or not to make order quashing tainted acquittal.

720. General rules regarding case management and hearings before the Court of Appeal.

721. Renewing an application refused by a judge or the Registrar.

722. Documents etc to be provided by the Registrar and Crown Court officer.

723. Procedure for declaration of incompatibility with a Convention right.

724. Procedure for abandoning an appeal, a ground of appeal or opposition.

725. Reopening the determination of an appeal.

726. Appeal to Court of Appeal against ruling made at preparatory hearing.

727. Appeal against order for discharge of jury and continuation of trial without jury.

728. Application of the general procedural rules.

731. Appeals against rulings adverse to prosecution.

732. General right of prosecution appeal in respect of rulings.

733. Expedited and non-expedited appeals.

734. Application of the general procedural rules.

737. Appeal against a public interest ruling.

738. Determination of appeal by the Court of Appeal.

739. Right of appeal in respect of evidentiary rulings.

740. Expedited and non-expedited appeals.

741. Determination of appeal on evidentiary ruling by Court of Appeal.

742. Restrictions on reporting.

743. Offences in connection with reporting.

744. Appeal from order restricting or preventing reports or restricting public access.

745. Application of the general procedural rules.

746. Notice of appeal from order restricting or preventing reports or restricting public access.

747. Respondent's notice on appeal from order restricting reports.

748. Advance notice of appeal from order restricting public access.

749. Appeal against finding of contempt or order thereon.

750. Appeal against conviction on indictment.

751. Appeal against verdict of not guilty by reason of insanity.

752. Appeal against finding of disability etc.

753. General rule.

754. Time spent in custody pending appeal.

755. Permission to appeal.

756. Crown Court judge's certificate that a case is fit for appeal.

757. Bail pending appeal to the Court of Appeal.

758. Director of Public Prosecutions to appear for prosecution when directed by the court.

759. Powers of court exercisable by Registrar of Criminal Appeals.

760. Determination of renewed application by a single judge.

761. Procedural directions; powers of single judge and Registrar.

762. Powers of Court of Appeal exercisable by a single judge.

763. Determination by the full court of application to exercise powers.

764. Preparation of the case for hearing.

765. Application of the general procedural rules.

766. Notice of appeal or of application for permission to appeal.

767. Extensions of time.

769. Power to order production of documents on appeal.

770. Power to order production of additional evidence on appeal.

771. Power to order investigations.

772. Criminal Cases Review Commission investigation directed by Court of Appeal.

773. Examination of witness before judge, officer of the court etc.

774. Evidence as to previous convictions etc.

775. Right of appellant to be present at hearing.

776. Disposal of groundless appeals and applications for permission to appeal.

777. Ground for allowing an appeal against conviction.

778. Conviction unsafe.

779. Conviction unsafe because of error or irregularity.

780. Disposal of appeal against conviction on special verdict.

781. Power to substitute conviction for alternative offence.

782. Power to substitute conviction of alternative offence after guilty plea.

783. Power to substitute finding of insanity or unfitness to plead.

784. Power to re-sentence where appellant remains convicted of related offences.

785. Power to set aside conviction of summary offence tried before the Crown Court.

786. Disposal of appeal against finding of disability, etc.

787. Disposal of appeal against verdict of not guilty by reason of insanity.

788. Substitution of verdict on allowing appeal.

789. Substitution of findings of unfitness to plead, etc.

790. Right of appeal against, and substitution of hospital order, etc.

791. Power to dismiss appeal following reference by the Criminal Cases Review Commission.

792. Procedure.

793. Costs awarded by the Court of Appeal.

794. Venire de novo.

795. Order for re-trial.

796. Evidence and procedure on re-trial.

797. Cases that may be re-tried.

798. Application to Court of Appeal for order.

799. Procedure and evidence on application for order.

800. Determination by Court of Appeal on application for order for re-trial.

801. Re-trial pursuant to order.

802. Restrictions on publication in the interests of justice.

803. Authorisation of investigations.

804. Urgent investigative steps.

805. Arrest and charge of acquitted person.

806. Establishment of the Criminal Cases Review Commission.

807. Power to obtain documents etc from those serving in a public body.

808. Power to obtain documents etc from those not serving in a public body.

809. Power to require appointment of investigating officers.

810. Inquiries by investigating officers.

811. Disclosure of information obtained by the Commission.

812. When a case may be referred to the Crown Court.

813. When a case may be referred to the Court of Appeal.

814. Conditions for making of references.

815. Provision of assistance to the Secretary of State in connection with prerogative of mercy.

816. Reference of a point of law by the Attorney General.

817. Application of the general procedural rules to an Attorney General's reference of a point of law.

818. Procedure on reference of a point of law by the Attorney General.

819. References on point of law by Court of Appeal to the Supreme Court.

820. Procedure of the Supreme Court.

821. Jurisdiction of the Supreme Court on appeals; the certificate.

822. Right of appeal.

823. Application for permission to appeal.

824. Bail pending appeal.

825. Notice of appeal; procedure.

826. Permission to be present.

827. Hearing and disposal of appeal by the Supreme Court.

828. Costs in the Supreme Court.

829. Right of appeal to the Supreme Court.

830. Application for permission to appeal.

831. Bail or detention pending appeal to the Supreme Court.

832. Powers of Court of Appeal exercisable by a single judge.

833. Notice of appeal; procedure.

834. Presence of appellant before the Supreme Court.

835. Hearing and disposal of appeal by the Supreme Court.

836. Effect of appeal to the Supreme Court on sentence.

837. Costs in the Supreme Court.

838. Appeals in cases of death.

839. Grant of pardon.

840. Compensation for miscarriages of justice.

841. Assessment of amount of compensation for miscarriages of justice.

12. Payment of Costs, Fees and Allowances in Criminal Proceedings

843. General procedural rules on costs.

842. Outline of the powers to award costs.

844. Award of defence costs out of central funds (a 'defendant's costs order').

845. Award of legal costs.

846. Award of costs to a private prosecutor out of central funds.

847. Payments of costs made out of central funds.

848. Entitlement to costs paid out of central funds where point of law is referred.

849. Entitlement to costs paid out of central funds where unduly lenient sentence is referred by the Attorney General.

850. Meaning of 'appropriate authority'.

851. Claims for costs payable out of central funds.

852. Determination of rates and scales of costs payable out of central funds.

853. Redetermination of costs payable out of central funds.

854. Costs appeals to a costs judge.

855. Appeals to the High Court against the decision of a costs judge on an appeal.

856. Time limits.

857. Provisions on payment of costs out of central funds to apply to fees of court appointees.

858. Recovery of sums paid out of the legal aid fund or central funds.

859. Award of costs against defendants and other parties.

860. Criminal courts charge.

861. Costs order that a party pay another person's costs on an appeal.

862. Assessment of costs following direction by court.

863. Appeals on assessment of costs following direction by court.

864. Power to make costs orders between parties.

865. Costs incurred due to unnecessary or improper acts or omissions of a party to proceedings.

866. Wasted costs order made against legal representatives.

867. Award of costs against third parties ('third party costs orders').

868. Lord Chancellor's power to make provision for payment of fees and allowances out of central funds.

869. Payment of fees and allowances from central funds generally.

870. Witnesses other than professional or expert witnesses.

871. Professional witnesses.

872. Expert witnesses.

873. Night allowances.

874. Seamen.

875. Prosecutors and defendants.

876. Travelling expenses.

877. Written medical reports.

878. Fees, costs and expenses of persons appearing for the Crown Prosecution Service.

879. Fees and allowances in general.

880. Allowances to professional witnesses for attendance.

881. Overnight subsistence allowances to professional or expert witnesses and to interpreters.

882. Allowances to witnesses, other than professional or expert, and to others for attendance.

883. Subsistence allowances to witnesses, other than professional or expert, and to others.

884. Reimbursement of travelling expenses incurred by witnesses and others.

885. Attorney General's power to make regulations.

886. Fees and allowances in general.

887. Allowances to professional witnesses for attendance.

888. Overnight subsistence allowances to professional or expert witnesses and to interpreters.

889. Allowances to witnesses, other than professional or expert, and to others for attendance.

890. Subsistence allowances to witnesses, other than professional or expert, and to others.

891. Reimbursement of travelling expenses incurred by witnesses and others.

892. Enforcement of costs etc payable by parties.

13. Victims of Crime

893. The Victims' Code of Practice.

894. Appointment of the Commissioner for Victims and Witnesses.

895. Functions of the Commissioner for Victims and Witnesses.

895A. Functions of the Domestic Abuse Commissioner

896. Establishment of the Criminal Injuries Compensation Scheme.

897. Administration of the Criminal Injuries Compensation Scheme.

898. Scope of eligibility for criminal injuries compensation.

899. Injuries for which a criminal injuries compensation award may be made.

900. Residence requirement for criminal injuries compensation.

901. Types of payment under the Criminal Injuries Compensation Scheme.

902. Injury payments under the Criminal Injuries Compensation Scheme.

903. Loss of earning payments under the Criminal Injuries Compensation Scheme.

904. Special expenses payments under the Criminal Injuries Compensation Scheme.

905. Fatal cases and bereavement payments under the Criminal Injuries Compensation Scheme.

906. Child's payments under the Criminal Injuries Compensation Scheme.

907. Dependency payments under the Criminal Injuries Compensation Scheme.

908. Funeral payments under the Criminal Injuries Compensation Scheme.

909. Effect of death on certain payments under the Criminal Injuries Compensation Scheme.

910. Effect of other payments on an award under the Criminal Injuries Compensation Scheme.

911. Applications for an award under the Criminal Injuries Compensation Scheme.

912. Determination and payment of an award under the Criminal Injuries Compensation Scheme.

913. Grounds for withholding an award under the Criminal Injuries Compensation Scheme.

914. Reconsideration and re-opening of an application under the Criminal Injuries Compensation Scheme.

915. Review of determination or reconsideration of an award for criminal injuries compensation.

916. Appeal against an award for criminal injuries compensation.

917. Recovery of criminal injuries compensation from offenders.

918. Inalienability of compensation awards.

919. Compensation for victims of overseas terrorism.

920. Victims' rights where offender is under a hospital order with a restriction order.

921. Victims' rights where offender is under a hospital direction and a limitation direction.

922. Victims' rights where offender is under a transfer direction.

923. Identifying and supporting victims.

924. Duty to notify Secretary of State about suspected victims of slavery or human trafficking.

925. Disclosure of information.

926. Protection of victims of sexual offences.

927. Victims' right to anonymity.

928. Matters in respect of which right to anonymity applies.

929. Power to displace anonymity.

930. Offences relating to violation of anonymity provisions, and defences.

931. Anonymity for victims of female genital mutilation.

932. Publication restrictions: limitations and defences.

933. Liability of internet service providers: exception for 'mere conduits'.

934. Liability of internet service providers: exception for caching.

935. Liability of internet service providers: exception for 'hosting'.

936. Proceedings against non-UK service providers.

937. Grants for assisting victims and witnesses etc.

938. Domestic homicide reviews.

938A. Offensive weapons homicide reviews