Criminal Justice Act 2003, section 134

Interpretation of Chapter 2

Part 11 Evidence

(1)In this Chapter—

  • “copy”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly;

  • “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;

  • “document” means anything in which information of any description is recorded;

  • “oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;

  • “statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.

(2)Section 115 (statements and matters stated) contains other general interpretative provisions.

(3)Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter has effect as if each offence were charged in separate proceedings.

Cases considering section 134 10

Clipston v R. (Rev 1)

[2011] EWCA Crim 446 · 4 March 2011Defines

Section 134(1) defines criminal proceedings for the Act as those to which strict rules of evidence apply. The court held that Part 2 confiscation proceedings do not meet that definition, despite their criminal nature. (see paras [53]-[60])

Watson, R (on the application of) v Dartford Magistrates' Court

[2005] EWHC 905 (Admin) · 6 May 2005

The court directed that the business documents could now be adduced under section 134, as part of the evidential law in force when the trial resumed (see paras [9]-[14]).

Twist & Ors v R.

[2011] EWCA Crim 1143 · 12 May 2011

The court treated the Act as a complete code for hearsay in criminal proceedings to which the strict rules of evidence apply (see para [3]).

What each judgment says about section 134 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I88S. 134 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 6 (subject to art. 2(2), Sch. 2)