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For all these, he was indicted on two counts, of having an article with a blade or point in a public place, contrary to Section 139(1) of the Criminal Justice Act 1988. Wang was tried in the Crown Court at Chelmsford , also in Essex, before His Honour Judge Pearson, Circuit Judge , with a jury.
In addition to the statutory tests for exclusion of bad character evidence the power to exclude evidence under section 78 PACE 1984 [11] Police and Criminal Evidence Act 1984 is not affected by the Criminal Justice Act 2003 provisions (House of Lords, Hansard, 19 November 2003, Col. 1988). Both provisions exist alongside one another.
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020. [4]
Section 139 of the Criminal Justice Act 1988 also creates an offence of having a pointed or bladed article in a public place without good reason or lawful authority. [21] Certain exemptions exist, namely if the knife is a pocket knife that does not lock in place and if the cutting edge (not blade) is under 3 inches.
The Criminal Justice Act 2003 defines hearsay as statements "not made in oral evidence in the proceedings" being used "as evidence of any matter stated". [17] If the statements are being used for purposes other than serving "as evidence of any matter stated", they are not covered by the definition of hearsay in the 2003 Act. [18]
The Criminal Justice Act 2003. doubled the period of detention of a terrorist suspect for questioning to 14 days. [3] justified by the claim that forensic analysis of chemical weapons materials might not be complete in 7 days. [4] The Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003 [5]
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By virtue of section 7(2)(a) of the 1974 act rehabilitated or spent convictions are admissible in criminal proceedings where they are relevant to "the determination of any issue". This is a narrow exception, which allows a sentencing court to have regard to all previous convictions including spent convictions in determining the appropriate ...