Last amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012 in 2012. Made significant changes to the sentencing provisions, abolishing indeterminate sentences for public protection (IPP) for new offences.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Criminal Justice Act 2003 is a major piece of criminal justice legislation covering evidence, sentencing, and procedure. It reformed the rules on hearsay evidence, bad character evidence, and double jeopardy. It introduced the suspended sentence order, community orders, and reformed the sentencing framework including dangerous offender provisions. It also permitted retrial for serious offences where new and compelling evidence emerges after acquittal.
Key Points
- Hearsay evidence admissible in wider circumstances (Part 11, Chapter 2)
- Bad character evidence admissible through 'gateways' (ss.98–113)
- Retrial after acquittal permitted for qualifying offences with new compelling evidence (Part 10)
- Community orders with requirements (s.177)
- Suspended sentence orders (s.189)
- Dangerous offender provisions: indeterminate sentences and extended sentences (Chapter 5)
- Purposes of sentencing: punishment, reduction of crime, reform, public protection, reparation (s.142)
Parts & Sections
Amendments History
2012 — Legal Aid, Sentencing and Punishment of Offenders Act 2012
Made significant changes to the sentencing provisions, abolishing indeterminate sentences for public protection (IPP) for new offences.
Frequently asked questions
- What does the Criminal Justice Act 2003 cover?
- The Criminal Justice Act 2003 is a major piece of legislation covering evidence, sentencing, and procedure. It reformed rules on hearsay and bad character evidence, introduced suspended sentence orders and community orders, and permitted retrial for serious offences where new and compelling evidence emerges after an acquittal.
- When is hearsay evidence allowed in court?
- Under the Act, hearsay evidence is admissible if it falls within a specific statutory provision or a preserved common law rule. It may also be admitted if the parties agree to its use, or if the court is satisfied that admitting the evidence is in the interests of justice.
- How can a defendant's bad character be used in court?
- Evidence of a defendant's bad character is generally admissible through seven specific 'gateways'. These include situations where the defendant agrees to the evidence, it is important explanatory evidence, it is relevant to an important matter in issue, or it is used to correct a false impression created by the defendant.
- Can someone be retried after being found not guilty?
- The Act allows for a retrial after an acquittal for qualifying serious offences. This is only permitted if new and compelling evidence emerges after the original trial. This provision is found in Part 10 of the legislation and reform the double jeopardy rules.
- What sentencing options were introduced by the Act?
- The Act introduced several sentencing changes, including suspended sentence orders and community orders with specific requirements. It also established dangerous offender provisions that allow for indeterminate and extended sentences. The purposes of sentencing include punishment, reduction of crime, reform, public protection, and reparation.