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Criminal Justice Act 2003
The Criminal Justice Act 2003〔(Criminal Justice Act 2003 Commentary )〕 (c.44) is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland.
It amends the law relating to police powers, bail, disclosure, allocation of criminal offences, prosecution appeals, ''autrefois acquit'' ("double jeopardy"), hearsay, propensity evidence, bad character evidence, sentencing and release on licence. It permits offences to be tried by a judge sitting alone without a jury in cases where there is a danger of jury-tampering. It also expands the circumstances in which defendants can be tried twice for the same offence (double jeopardy), when "new and compelling evidence" is introduced.
==Origins==
The Act had its genesis in several reports and consultations:
* Home Office Secretary David Blunkett, Lord Chancellor Lairg and Attorney-General Lord Goldsmith's ''Justice for All - A White Paper on the Criminal Justice System'', published 17 July 2002〔(cps.gov.uk: "Justice for All - A White Paper on the Criminal Justice System" (CM 5563) ), also available from (The Stationery Office )〕
* Lord Justice Auld's ''Review of the Criminal Courts of England and Wales'', published on 5 September 2001〔(criminal-courts-review.org.uk: "Review of the Criminal Courts of England and Wales" )〕
* Deputy Under Secretary of State〔(governance.lawsociety.org.uk: "Consumer Complaints Board - Biographies" )〕 John Halliday's ''Making Punishment Work: report of a review of the sentencing framework of England and Wales'', published on 16 May 2000〔(homeoffice.gov.uk: "Making Punishment Work: report of a review of the sentencing framework of England and Wales" ) (dead link) also available from (The National Archives ) (links to documents are dead); (Chapter 1+2 found at nationalarchives.gov.uk )〕
* Mr Justice Carnwath's Law Commission report: ''Evidence of Bad Character of Criminal Proceedings'', published on 9 October 2001〔(lawcom.gov.uk: "Evidence of Bad Character of Criminal Proceedings" LC273 ) (dead link) moved to (lawcommission.justice.gov.uk: "Evidence of Bad Character in Criminal Proceedings" web page links to pdf files )〕
* Mrs Justice Arden's Law Commission report: ''Evidence in Criminal Proceedings: Hearsay and Related Topics'', published on 19 June 1997〔(Evidence in Criminal Proceedings: Hearsay and Related Topics" LC245 ) moved to (lawcommission.justice.gov.uk: "Evidence in Criminal Proceedings: Hearsay and Related Topics" web page with links to pdf file )〕
* Mr Justice Carnwath's Law Commission report: ''Double Jeopardy and Prosecution Appeals'', published on 6 March 2001〔(Double Jeopardy and Prosecution Appeals LC267 ) moved to (lawcommission.justice.gov.uk: "Double Jeopardy and Prosecution Appeals" web page with links to pdf file )〕
Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.
The intention of the Act was to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system.〔(Explanatory notes to the Criminal Justice Act 2003 ), paragraphs 4 and 5〕
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