Last amended by Anti-social Behaviour Act 2003 in 2003. Amended the 'rave' provisions (s.63), lowering the threshold to gatherings of 20 or more people and widening the description of the music covered.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Criminal Justice and Public Order Act 1994 made wide-ranging and controversial changes to criminal justice and public order. Most significantly it qualified the right to silence, allowing courts and juries to draw adverse inferences where a suspect fails to mention facts later relied on, fails to give evidence at trial, or fails to account for objects, substances, or their presence at a scene (ss.34-37). It created new public-order offences aimed at travellers, squatters, and the free-party movement — powers to remove trespassers on land (s.61), the offence of aggravated trespass (s.68), and powers in relation to 'raves' (ss.63-67). It also extended the definition of rape to include male victims and curtailed the right of an accused to insist on committal proceedings.
Key Points
- Adverse inferences from silence (ss.34-37) — where the accused fails to mention facts later relied on, fails to give evidence, or fails to account for objects, substances, or presence
- Power to remove trespassers on land (s.61) and to deal with unauthorised encampments
- Offence of aggravated trespass (s.68) — trespass plus conduct intended to intimidate, obstruct, or disrupt lawful activity
- Powers in relation to 'raves' — gatherings with amplified music likely to cause serious distress (ss.63-67)
- Extended the definition of rape to include male victims
- Curtailed the right of an accused to insist on committal proceedings
Parts & Sections
Amendments History
1999 — Youth Justice and Criminal Evidence Act 1999
Provided (s.58) that no adverse inference may be drawn under ss.34-37 where the accused had not been allowed the opportunity to consult a solicitor.
2003 — Anti-social Behaviour Act 2003
Amended the 'rave' provisions (s.63), lowering the threshold to gatherings of 20 or more people and widening the description of the music covered.
Frequently asked questions
- Can a court draw inferences if I stay silent during questioning or at trial?
- The Act allows courts or juries to draw adverse inferences if you fail to mention facts later relied on in your defence, fail to give evidence at trial, or fail to account for objects, substances, or your presence at a scene. However, no such inference can be drawn if you were not given the opportunity to consult a solicitor.
- What powers do police have regarding raves?
- The Act grants police powers to direct people to leave gatherings defined as 'raves'. These are gatherings with amplified music likely to cause serious distress to the local community. The Anti-social Behaviour Act 2003 later amended these provisions, lowering the threshold to gatherings of 20 or more people and widening the description of music covered.
- Can police remove trespassers from private land?
- The Act gave police the power to direct trespassers to leave land where the occupier has asked them to and certain conditions are met. This power is specifically designed to help deal with unauthorised encampments and collective trespass on land.
- Did the Act change the definition of rape?
- Yes, the Criminal Justice and Public Order Act 1994 extended the legal definition of rape to include male victims. This was one of the wide-ranging changes the Act made to criminal law in England and Wales.