Secondary Legislation for the Criminal Procedure and Investigations Act 2016

Overview

Views are sought on the three items of subordinate legislation necessary to enable the Act to be brought into operation on 1 April 2017.

There are two codes:

• The first code guides the police as to the conduct and recording of criminal investigations
• The second code relates to the conduct by the police of interviews of witnesses disclosed by the defence.

The set of draft regulations propose time periods within which the parties involved in a criminal case going for trial are to perform their respective duties in respect of disclosure of evidence, prosecution unused material and the defence statement of case.

Why your views matter

The documents are based (as is the Act itself) on UK models. In respect of the code of practice on criminal investigations the earlier code used by the UK has been preferred on the grounds it is a more appropriate fit for the Island. It is certainly less complex than the current code in operation in the UK and, it is suggested, the key to the success of the Act in progressing the aims of the criminal justice strategy is simplicity. 

Subject to views expressed through the consultation in respect of the draft secondary legislation, and any changes that may be necessary as a result, the intention is to submit the legislation to the March 2017 sitting of Tynwald with a view to implementing the Act on 1 April 2017.

Code of Practice for Criminal Investigations

Code of Practice for Police Interviews of Witnesses

Time Limits Regulations