Criminal Procedure And Investigations Act 1996
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The Criminal Procedure and Investigations Act 1996 or CPIA Abbreviation used in
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Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice
published March 2015, accessed 29 October 2022
is a piece of
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in the
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that regulates the procedures of investigating and prosecution of criminal offences.


Provisions


Part I: Disclosure

Following a section of introductory text, the act outlines the relevance of its content in the first section to persons charged with a
summary offence A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...
,
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
or one that is
triable either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
, as well as the criminal investigation into such an offence and as to whether such a person should be charged with the offence or found guilty of it once charged. It details the procedures for
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and continued disclosure by the prosecution to the defence any information "which is in the prosecutor’s possession, and came into his possession in connection with the case for the prosecution against the accused." It also defines a defence statement, defence witnesses and the means by which they should be interviewed, and confidentiality of disclosed information, and other statutory and
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
rules of a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
.


Part II: Criminal Investigations

The second part of the act defines a criminal investigation as "an investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it." It outlines the codes of practice for any investigation set out by the Secretary of State and the means by which such a code could be revised.


Part III: Preparatory Hearings


Part IV: Rulings


Part V: Committal, Transfer etc.


Part VII: Miscellaneous and General (chapter 54 to 81)


Section 54

Section 54 of the act includes the follow
administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to ...
offences: *The offence of
perverting the course of justice Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statu ...
*The offence under section 51(1) of the
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
*An offence of aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the
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.


Cases


Environmental protesters charged with conspiracy to commit aggravated trespass

In 2009, twenty six environmental protesters were pre-emptively arrested and later charged with conspiracy to commit aggravated trespass. It was claimed that
Ratcliffe-on-Soar power station Ratcliffe-on-Soar Power Station is a coal-fired power station owned and operated by Uniper at Ratcliffe-on-Soar in Nottinghamshire, England. Commissioned in 1968 by the Central Electricity Generating Board, the station has a capacity of 2,000&nb ...
was the intended target. In 2011, their cases were quashed when it was revealed police withheld recordings made by undercover police officer Mark Kennedy. Non-disclosure to the
Crown Prosecution Service The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal adv ...
and defence teams is a breach of the act.


References

{{UK legislation United Kingdom Acts of Parliament 1996 Criminal law of the United Kingdom