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Domestic Violence, Crime and Victims Act 2004 (c. 28)

(The document as of February, 2008)

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Domestic Violence, Crime and Victims Act 2004

2004 CHAPTER 28

CONTENTS

Content
  1. Part 1

    Domestic violence etc

    1. Amendments to Part 4 of the Family Law Act 1996

      1. 1. Breach of non-molestation order to be a criminal offence

      2. 2. Additional considerations if parties are cohabitants or former cohabitants

      3. 3. "Cohabitants" in Part 4 of 1996 Act to include same-sex couples

      4. 4. Extension of Part 4 of 1996 Act to non-cohabiting couples

    2. Causing or allowing the death of a child or vulnerable adult

      1. 5. The offence

      2. 6. Evidence and procedure: England and Wales

      3. 7. Evidence and procedure: Northern Ireland

      4. 8. Evidence and procedure: courts-martial

    3. Domestic homicide reviews

      1. 9. Establishment and conduct of reviews

  2. Part 2

    Criminal Justice

    1. Assault, harassment etc

      1. 10. Common assault to be an arrestable offence

      2. 11. Common assault etc as alternative verdict

      3. 12. Restraining orders: England and Wales

      4. 13. Restraining orders: Northern Ireland

    2. Surcharges

      1. 14. Surcharge payable on conviction

      2. 15. Increase in maximum on-the-spot penalty for disorderly behaviour

      3. 16. Higher fixed penalty for repeated road traffic offences

    3. Trial by jury of sample counts only

      1. 17. Application by prosecution for certain counts to be tried without a jury

      2. 18. Procedure for applications under section 17

      3. 19. Effect of order under section 17(2)

      4. 20. Rules of court

      5. 21. Application of sections 17 to 20 to Northern Ireland

    4. Unfitness to plead and insanity

      1. 22. Procedure for determining fitness to plead: England and Wales

      2. 23. Procedure for determining fitness to be tried: Northern Ireland

      3. 24. Powers of court on finding of insanity or unfitness to plead etc

      4. 25. Appeal against order made on finding of insanity or unfitness to plead etc

      5. 26. Courts-martial etc

    5. Miscellaneous

      1. 27. Powers of authorised officers executing warrants

      2. 28. Disclosure orders for purpose of executing warrants

      3. 29. Procedure on breach of community penalty etc

      4. 30. Prosecution appeals

      5. 31. Intermittent custody

  3. Part 3

    Victims etc

    1. Chapter 1

      The victims' code

      1. 32. Code of practice for victims

      2. 33. Procedure

      3. 34. Effect of non-compliance

    2. Chapter 2

      Representations and information

      1. Imprisonment or detention

        1. 35. Victims' rights to make representations and receive information

      2. Hospital orders

        1. 36. Victims' rights: preliminary

        2. 37. Representations

        3. 38. Information

      3. Hospital directions

        1. 39. Victims' rights: preliminary

        2. 40. Representations

        3. 41. Information

      4. Transfer directions

        1. 42. Victims' rights: preliminary

        2. 43. Representations

        3. 44. Information

      5. Interpretation

        1. 45. Interpretation: sections 35 to 44

      6. Northern Ireland

        1. 46. Victims of mentally disordered persons

    3. Chapter 3

      Other matters relating to victims etc

      1. Parliamentary Commissioner

        1. 47. Investigations by Parliamentary Commissioner

      2. Commissioner for Victims and Witnesses

        1. 48. Commissioner for Victims and Witnesses

        2. 49. General functions of Commissioner

        3. 50. Advice

        4. 51. Restrictions on exercise of functions

        5. 52. "Victims" and "witnesses"

        6. 53. Authorities within Commissioner's remit

      3. Disclosure of information

        1. 54. Disclosure of information

      4. Victims' Advisory Panel

        1. 55. Victims' Advisory Panel

      5. Grants

        1. 56. Grants for assisting victims, witnesses etc

      6. Criminal injuries compensation

        1. 57. Recovery of criminal injuries compensation from offenders

  4. Part 4

    Supplementary

    1. 58. Amendments and repeals

    2. 59. Transitional and transitory provisions

    3. 60. Commencement

    4. 61. Orders

    5. 62. Extent

    6. 63. Short title

    1. Schedule 1

      Modification of sections 17 to 20 for Northern Ireland

    2. Schedule 2

      Supervision orders on finding of insanity or unfitness to plead etc

    3. Schedule 3

      Unfitness to stand trial and insanity: courts-martial etc

    4. Schedule 4

      Powers of authorised officers executing warrants

    5. Schedule 5

      Procedure on breach of community penalty etc

    6. Schedule 6

      Intermittent custody

    7. Schedule 7

      Investigations by Parliamentary Commissioner

    8. Schedule 8

      Commissioner for Victims and Witnesses

    9. Schedule 9

      Authorities within Commissioner's remit

    10. Schedule 10

      Minor and consequential amendments

    11. Schedule 11

      Repeals

    12. Schedule 12

      Transitional and transitory provisions

An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders.

[15th November 2004]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Domestic violence etc

Amendments to Part 4 of the Family Law Act 1996

1 Breach of non-molestation order to be a criminal offence

In Part 4 of the Family Law Act 1996 (c. 27) (family homes and domestic violence), after section 42 insert--

" 42A Offence of breaching non-molestation order

(1) A person who without reasonable excuse does anything that he is prohibited from doing by a non-molestation order is guilty of an offence.

(2) In the case of a non-molestation order made by virtue of section 45(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when he was aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

(6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in such proceedings.

  • "Enactment" includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30). "

2 Additional considerations if parties are cohabitants or former cohabitants

(1) Section 41 of the Family Law Act 1996 (c. 27) (which requires a court, when considering the nature of the relationship of cohabitants or former cohabitants, to have regard to their non-married status) is repealed.

(2) In section 36(6)(e) of that Act (court to have regard to nature of parties' relationship when considering whether to give right to occupy to cohabitant or former cohabitant with no existing right), after "relationship" insert "and in particular the level of commitment involved in it".

3 "Cohabitants" in Part 4 of 1996 Act to include same-sex couples

In section 62(1)(a) of the Family Law Act 1996 (definition of "cohabitant" for the purposes of Part 4 of that Act), for the words after ""cohabitants" are" substitute "two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship; and".

4 Extension of Part 4 of 1996 Act to non-cohabiting couples

In section 62(3) of the Family Law Act 1996 (definition of "associated" persons for the purposes of Part 4 of that Act), after paragraph (e) insert--

" (ea) they have or have had an intimate personal relationship with each other which is or was of significant duration; " .



Causing or allowing the death of a child or vulnerable adult

5 The offence

(1) A person ("D") is guilty of an offence if--

(a) a child or vulnerable adult ("V") dies as a result of the unlawful act of a person who--

(i) was a member of the same household as V, and

(ii) had frequent contact with him,

(b) D was such a person at the time of that act,

(c) at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and

(d) either D was the person whose act caused V's death or--

(i) D was, or ought to have been, aware of the risk mentioned in paragraph (c),

(ii) D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and

(iii) the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.

(2) The prosecution does not have to prove whether it is the first alternative in subsection (1)(d) or the second (sub-paragraphs (i) to (iii)) that applies.

(3) If D was not the mother or father of V--

(a) D may not be charged with an offence under this section if he was under the age of 16 at the time of the act that caused V's death;

(b) for the purposes of subsection (1)(d)(ii) D could not have been expected to take any such step as is referred to there before attaining that age.

(4) For the purposes of this section--

(a) a person is to be regarded as a "member" of a particular household, even if he does not live in that household, if he visits it so often and for such periods of time that it is reasonable to regard him as a member of it;

(b) where V lived in different households at different times, "the same household as V" refers to the household in which V was living at the time of the act that caused V's death.

(5) For the purposes of this section an "unlawful" act is one that--

(a) constitutes an offence, or

(b) would constitute an offence but for being the act of--

(i) a person under the age of ten, or

(ii) a person entitled to rely on a defence of insanity.

Paragraph (b) does not apply to an act of D.

(6) In this section--

  • "act" includes a course of conduct and also includes omission;

  • "child" means a person under the age of 16;

  • "serious" harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (c. 100);

  • "vulnerable adult" means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.

(7) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine, or to both.

6 Evidence and procedure: England and Wales

(1) Subsections (2) to (4) apply where a person ("the defendant") is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death ("the section 5 offence").

(2) Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 (c. 33) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty--

(a) of murder or manslaughter, or

(b) of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,

even if there would otherwise be no case for him to answer in relation to that offence.

(3) The charge of murder or manslaughter is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (unless the section 5 offence is dismissed).

(4) At the defendant's trial the question whether there is a case for the defendant to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).

(5) An offence under section 5 is an offence of homicide for the purposes of the following enactments--

  • sections 24 and 25 of the Magistrates' Courts Act 1980 (c. 43) (mode of trial of child or young person for indictable offence);

  • section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons);

  • section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power and duty to remit young offenders to youth courts for sentence).

7 Evidence and procedure: Northern Ireland

(1) Subsections (2) to (4) apply where a person ("the defendant") is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death ("the section 5 offence").

(2) Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty--

(a) of murder or manslaughter, or

(b) of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,

even if there would otherwise be no case for him to answer in relation to that offence.

(3) Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) whether to commit the defendant for trial for the offence of murder or manslaughter, if there is sufficient evidence to put him upon trial for the section 5 offence there is deemed to be sufficient evidence to put him upon trial for the offence of murder or manslaughter.

(4) At the defendant's trial the question whether there is a case to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).

(5) An offence under section 5 is an offence of homicide for the purposes of the following provisions--

  • Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (mode of trial of child for indictable offence);

  • Article 32 of that Order (power and duty to remit children to youth courts for sentence).

8 Evidence and procedure: courts-martial

(1) Section 6(1), (2) and (4) has effect in relation to proceedings before courts-martial with the following adaptations.

(2) A reference to an offence of murder or manslaughter or an offence under section 5 is to be read as a reference to an offence under--

(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or

(c) section 42 of the Naval Discipline Act 1957 (c. 53),

for which the offence referred to in section 6 is the corresponding civil offence (within the meaning of that Act).

(3) A reference to the court or jury is to be read as a reference to the court.



Domestic homicide reviews

9 Establishment and conduct of reviews

(1) In this section "domestic homicide review" means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by--

(a) a person to whom he was related or with whom he was or had been in an intimate personal relationship, or

(b) a member of the same household as himself,

held with a view to identifying the lessons to be learnt from the death.

(2) The Secretary of State may in a particular case direct a specified person or body within subsection (4) to establish, or to participate in, a domestic homicide review.

(3) It is the duty of any person or body within subsection (4) establishing or participating in a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.

(4) The persons and bodies within this subsection are--

(a) in relation to England and Wales--

  • chief officers of police for police areas in England and Wales;

  • local authorities;

  • local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

  • Strategic Health Authorities established under section 8 of the National Health Service Act 1977 (c. 49);

  • Primary Care Trusts established under Section 16A of that Act.

  • Local Health Boards established under section 16BA of that Act;

  • NHS trusts established under section 5 of the National Health Service and Community Care Act 1990 (c. 19);

(b) in relation to Northern Ireland--

  • the Chief Constable of the Police Service of Northern Ireland;

  • the Probation Board for Northern Ireland;

  • Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

  • Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).

(5) In subsection (4)(a) "local authority" means--

(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;

(b) in relation to Wales, the council of a county or county borough.

(6) The Secretary of State may by order amend subsection (4) or (5).



Part 2 Criminal Justice

Assault, harassment etc

10 Common assault to be an arrestable offence

(1) In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (specific offences which are arrestable offences), before paragraph 15 (but after the heading "Criminal Justice Act 1988") insert--

" 14A Common assault. "

(2) In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (specific offences which are arrestable offences), after paragraph (m) insert--

" (n) an offence under section 42 of the Offences against the Person Act 1861 (c. 100) (common assault etc). "

11 Common assault etc as alternative verdict

In section 6 of the Criminal Law Act 1967 (c. 58) (trial of offences), after subsection (3) (alternative verdicts on trial on indictment) insert--

" (3A) For the purposes of subsection (3) above an offence falls within the jurisdiction of the court of trial if it is an offence to which section 40 of the Criminal Justice Act 1988 applies (power to join in indictment count for common assault etc.), even if a count charging the offence is not included in the indictment.

(3B) A person convicted of an offence by virtue of subsection (3A) may only be dealt with for it in a manner in which a magistrates' court could have dealt with him. "

12 Restraining orders: England and Wales

(1) In section 5 of the Protection from Harassment Act 1997 (c. 40) (power to make restraining order where defendant convicted of offence under section 2 or 4 of that Act), in subsection (1) omit "under section 2 or 4".

(2) After subsection (3) of that section insert--

" (3A) In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3. "

(3) After subsection (4) of that section insert--

" (4A) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (4). "

(4) After subsection (6) of that section insert--

" (7) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order. "

(5) After that section insert--

" 5A Restraining orders on acquittal

(1) A court before which a person ("the defendant") is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.

(2) Subsections (3) to (7) of section 5 apply to an order under this section as they apply to an order under that one.

(3) Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this section.

(4) Where--

(a) the Crown Court allows an appeal against conviction, or

(b) a case is remitted to the Crown Court under subsection (3),

the reference in subsection (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.

(5) A person made subject to an order under this section has the same right of appeal against the order as if--

(a) he had been convicted of the offence in question before the court which made the order, and

(b) the order had been made under section 5. "

13 Restraining orders: Northern Ireland

(1) In Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (power to make restraining order where defendant convicted of offence under Article 4 or 6 of that Order), in paragraph (1) omit "under Article 4 or 6".

(2) After paragraph (3) of that Article insert--

" (3A) In proceedings under this Article both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under Article 5. "

(3) After paragraph (4) of that Article insert--

" (4A) Any person mentioned in the order is entitled to be heard on the hearing of an application under paragraph (4). "

(4) After paragraph (6) of that Article insert--

" (7) A court dealing with a person for an offence under this Article may vary or discharge the order in question by a further order. "

(5) After that Article insert--

" 7A Restraining orders on acquittal

(1) A court before which a person ("the defendant") is acquitted of an offence may, if it considers it necessary to do so to protect a person from harassment by the defendant, make an order prohibiting the defendant from doing anything described in the order.

(2) Paragraphs (3) to (7) of Article 7 apply to an order under this Article as they apply to an order under that one.

(3) Where the Court of Appeal allow an appeal against conviction they may remit the case to the Crown Court to consider whether to proceed under this Article.

(4) Where--

(a) a county court allows an appeal against conviction, or

(b) a case is remitted to the Crown Court under paragraph (3),

the reference in paragraph (1) to a court before which a person is acquitted of an offence is to be read as referring to that court.

(5) A person made subject to an order under this Article has the same right of appeal against the order as if--

(a) he had been convicted of the offence in question before the court which made the order, and

(b) the order had been made under Article 7. "



Surcharges

14 Surcharge payable on conviction

(1) In Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) (general provisions about sentencing), after section 161 insert--



" Surcharges
161A Court's duty to order payment of surcharge

(1) A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

(2) Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

(3) Where a court dealing with an offender considers--

(a) that it would be appropriate to make a compensation order, but

(b) that he has insufficient means to pay both the surcharge and appropriate compensation,

the court must reduce the surcharge accordingly (if necessary to nil).

(4) For the purposes of this section a court does not "deal with" a person if it--

(a) discharges him absolutely, or

(b) makes an order under the Mental Health Act 1983 in respect of him.

161B Amount of surcharge

(1) The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

(2) An order under this section may provide for the amount to depend on--

(a) the offence or offences committed,

(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

(c) the age of the offender.

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc). "

(2) In section 164 of that Act (fixing of fines), after subsection (4) insert--

" (4A) In applying subsection (3), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 161A, except to the extent that he has insufficient means to pay both. "

(3) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (cases where payment enforceable as on summary conviction), after paragraph 12 insert--

" 13 Where under section 161A of the Criminal Justice Act 2003 a court orders the payment of a surcharge. "

(4) In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines), in paragraph 1(1) (application of Schedule), after "a fine" insert "or a surcharge imposed under section 161A of the Criminal Justice Act 2003".

(5) The Secretary of State may by order--

(a) make provision amending Schedule 5 (collection of fines) or Schedule 6 (discharge of fines by unpaid work) to the Courts Act 2003 in its application by virtue of subsection (3) or (4) to surcharges;

(b) make provision for any part of Schedule 5, or the whole or any part of Schedule 6, not to apply to surcharges;

(c) make amendments to any enactment that are consequential on provision made under paragraph (a) or (b).

15 Increase in maximum on-the-spot penalty for disorderly behaviour

(1) In Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (on-the-spot penalties for disorderly behaviour), section 3 is amended as follows.

(2) In subsection (2) (maximum penalty that may be prescribed), at the end insert "plus a half of the relevant surcharge".

(3) After that subsection insert--

" (2A) The "relevant surcharge", in relation to a person of a given age, is the amount payable by way of surcharge under section 161A of the Criminal Justice Act 2003 by a person of that age who is fined the maximum amount for the offence. "

16 Higher fixed penalty for repeated road traffic offences

(1) The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.

(2) In section 53 (amount of fixed penalty), after subsection (2) insert--

" (3) In particular, in relation to England and Wales an order made under subsection (1)(a) may prescribe a higher fixed penalty in a case where, in the period of three years ending with the date of the offence in question, the offender committed an offence for which--

(a) he was disqualified from driving, or

(b) penalty points were endorsed on the counterpart of any licence held by him. "

(3) At the end of section 84 (regulations) (which becomes subsection (1)) insert--

" (2) The Secretary of State may by regulations provide that where--

(a) a conditional offer has been issued under section 75 of this Act,

(b) the amount of the penalty stated in the offer is not the higher amount applicable by virtue of section 53(3) of this Act, and

(c) it subsequently appears that that higher amount is in fact applicable,

the fixed penalty clerk may issue a further notice (a "surcharge notice") requiring payment of the difference between the two amounts.

(3) Regulations under subsection (2) above may--

(a) provide for this Part of this Act to have effect, in cases to which the regulations apply, with such modifications as may be specified;

(b) make provision for the collection and enforcement of amounts due under surcharge notices. "



Trial by jury of sample counts only

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17 Application by prosecution for certain counts to be tried without a jury

(1) The prosecution may apply to a judge of the Crown Court for a trial on indictment to take place on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury.

(2) If such an application is made and the judge is satisfied that the following three conditions are fulfilled, he may make an order for the trial to take place on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury.

(3) The first condition is that the number of counts included in the indictment is likely to mean that a trial by jury involving all of those counts would be impracticable.

(4) The second condition is that, if an order under subsection (2) were made, each count or group of counts which would accordingly be tried with a jury can be regarded as a sample of counts which could accordingly be tried without a jury.

(5) The third condition is that it is in the interests of justice for an order under subsection (2) to be made.

(6) In deciding whether or not to make an order under subsection (2), the judge must have regard to any steps which might reasonably be taken to facilitate a trial by jury.

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