摘要
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.
要点
- 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
章节
修正历史
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.