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UK Law Reference
All Legislation
Criminal Law
c. 33
England & Wales

Criminal Justice and Public Order Act 1994

View on legislation.gov.uk

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.