There is no rule to say that the investigation of an offence cannot begin until after it has been committed. For the Act, the meaning of ‘criminal investigation’ has the same meaning in Part I as in Part II, and accordingly, where an investigation into an offence begins before the cut off point after which old, full-style committals cease to be available, and the offence is committed after that date, an old style committal remains available. ‘In particular this may be so in a surveillance case or where a series of offences is committed, some before and some after the appointed day. Whether, of course, in any given case that is the correct view will be a question of fact for the examining magistrates. They must . . ask themselves the simple question: when did the criminal investigation of this offence begin?’
Citations:
Times 07-Dec-1999, Gazette 07-Jan-2000, [1999] 164 JP 209
Statutes:
Criminal Procedure and Investigations Act 1996
Citing:
Cited – Regina v Norfolk Stipendary Magistrates ex parte Keable Admn 29-Jan-1998
A police investigation into an offence not yet committed, did not count as an investigation into that offence for the purposes of setting the start date under the Act. . .
Cited by:
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Judicial Review
Updated: 09 April 2022; Ref: scu.85598