Section 15: Procedure, evidence and sentencing
50.Generally, provisions relating to criminal and court procedure, and sentencing, relate to the prosecution of individuals. Many of these will also be applicable to corporate bodies. Section 15 ensures that for the purposes of the new offence all such provisions apply, in the same way as they apply to corporations, to those Government departments or other bodies listed in Schedule 1, as well as to police forces and those unincorporated associations covered by the offence.
51.Some separate provisions have been enacted to cater for the specific position of corporations. For example, section 33 of the Criminal Justice Act 1925 enables a corporation to plead through its representative as it cannot plead in person. Section 15 also enables any necessary modifications to be made to existing provisions by order. For example, a reference in the rules on criminal procedure to a director or the secretary of the corporation would need modification in order to apply to a department or police force. Such orders would be subject to the negative resolution procedure (that is, they are laid before Parliament and become law unless specifically annulled).
52.Similar provision for Scotland can be achieved under the existing powers of the High Court to regulate procedure by Act of Adjournal.
