Part I Powers and Proceedings of Courts
Miscellaneous provisions relating to procedure, appeals, evidence, etc.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
31 Jurisdiction and procedure in respect of certain indictable offences committed in foreign countries.
1
Any British subject employed under His Majesty’s Government in the United Kingdom in the service of the Crown who commits, in a foreign country, when acting or purporting to act in the course of his employment, any offence which, if committed in England, would be punishable on indictment, shall be guilty of an offence . . . F2, and subject to the same punishment, as if the offence had been committed in England.
2
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32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
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36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
37 Bail on appeal, case stated or application for certiorari. C1
1
Without prejudice to the powers vested before the commencement of this Act in any court to admit or direct the admission of a person to bail—
a
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F9b
the High Court may F10, subject to section 25 of the Criminal Justice and Public Order Act 1994,F11grant bail to a person—
i
who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or
ii
who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application.
c
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F13d
the High Court may F10,subject to section 25 of the Criminal Justice and Public Order Act 1994,grant bail to a person who has been convicted or sentenced by a magistrates’ court and has applied to the High Court for an order of certiorari to remove the proceedings into the High Court or has applied to the High Court for leave to make such an application.
F141A
Where the court grants bail to a person under paragraph ( d ) of subsection (1) above—
a
the time at which he is to appear in the event of the conviction or sentence not being quashed by the High Court shall be such time within ten days after the judgment of the High Court has been given as may be specified by the High Court; and
b
the place at which he is to appear in that event shall be a magistrates’ court acting for the same petty sessions area as the court which convicted or sentenced him.
2
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F344
Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.
5
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C2C36
The time during which a person is F17released on bail under paragraph (b), . . . F18 or (d) of subsection (1) of this section shall not count as part of any term of imprisonment under his sentence; and any sentence of imprisonment imposed by a court of summary jurisdiction, or, on appeal, by F19the Crown Court, after the imposition of which a person is so F17released on bail, shall be deemed to begin to run or to be resumed as from the dayon which he is received in prison under the sentence; and for thepurposes of this subsection the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be construed accordingly.
38
1
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2
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3
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5
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6
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F2539 Proof of previous convictions by finger–prints.
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40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
41 Evidence by certificate.
1
In any criminal proceedings, a certificate purporting to be signed by a constable, or by a person having the prescribed qualifications, and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be evidence of the relative position of the things shown on the plan or drawing.
2
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3
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4
Nothing in this section shall be deemed to make a certificate . . . F29 admissible as evidence in proceedings for an offence except in a case where and to the extent to which oral evidence to the like effect would have been admissible in those proceedings.
5
Nothing in this section shall be deemed to make a certificate . . . F29 admissible as evidence in proceedings for any offence—
a
unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
b
if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves notice in the prescribed form and manner on the prosecutor requiring the attendance at the trial of the person who signed the certificate . . . F29
F30 5A
F35Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—
a
subsection (4), and
b
in subsection (5), paragraph (b) and the word “or” immediately preceding it.
6
In this section the expression “prescribed” means prescribed by rules made by the Secretary of State.
42 Order of speeches.
1
Notwithstanding anything in section two of the M1Criminal Procedure Act 1865, as amended by section three of the M2Criminal Evidence Act 1898, the prosecution shall not be entitled to the right of reply upon the trial of any person on indictment on the ground only that documents have been put in evidence for the defence.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31