Criminal Law Additions and Alterations
| DOI | 10.1177/002201836803200106 |
| Date | 01 January 1968 |
| Published date | 01 January 1968 |
| Subject Matter | Article |
Criminal
Law
Additions
and
Alterations
THE
CRIMINAL
JUSTICE
ACT
1967
Bythe CriminalJustice Act 1967 (Commencement No. I)
Order
1967 different dates were fixed for various parts
of
the Act to
come into operation. These notes deal with some of the provisions
of
the Act which are to come into force on rst
january,
1968.
References to
"the
1952
Act"
are to the Magistrates' Courts
Act 1952.
Committal
for
trial
without
consideration
of
the
evidence
Provision is
made
whereby a case may be committed for trial
without the evidence being taken down in the Court in the form
of
depositions.
If
the defendant is represented by counsel or solicitor
(or,
if
there is more
than
one defendant they are all so represented)
and
all the evidence consists
of
written statements amagistrates'
court
may
commit for trial without consideration
of
the contents
of
the statements unless there has been a submission
that
there is
insufficient evidence for
any
defendant to be
put
on trial. (s, I
(I)).
s, 7
(I)
of
the 1952 Act (committal for trial on consideration
of
the evidence) does
not
apply to a committal
under
the new procedure.
Where there has been a submission
that
there is insufficient evidence
for committal for trial it will be necessary for the court to consider
the evidence
and
in those circumstances s. I
of
the new Act will no
longer apply
but
s. 7
(I)
of the 1952Act becomes applicable
and
any
committal or discharge will be
under
that
section.
Written
statements
before
Examining
Justices
Written statements
may
in future be admitted as evidence in
committal proceedings in lieu
of
the witness's oral testimony.
(S.2
(I)).
To
be admissible
under
this provision:-
(a) astatement must be signed by the person making
it;
(b) it must contain adeclaration as to its
truth
and
that
the
maker knows he is liable to prosecution for wilfully making
a false statement.
57
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