[excerpts]

The Criminal Justice and Police Act 2001

Section 39

Intimidation of witnesses

(1) A person commits an offence if-

(a) he does an act which intimidates, and is intended to intimidate, another person ("the victim");

(b) he does the act-

(i) knowing or believing that the victim is or may be a witness in any relevant proceedings; and

(ii) intending, by his act, to cause the course of justice to be obstructed, perverted or interfered with;

and

(2) For the purposes of subsection (1) it is immaterial-

(a) whether or not the act that is done is done in the presence of the victim;

(b) whether that act is done to the victim himself or to another person; and

(c) whether or not the intention to cause the course of justice to be obstructed, perverted or interfered with is the predominating intention of the person doing the act in question.

(3) If, in proceedings against a person for an offence under this section, it is proved-

(a) that he did any act that intimidated, and was intended to intimidate, another person, and

(b) that he did that act knowing or believing that that other person was or might be a witness in any relevant proceedings that had already commenced,

he shall be presumed, unless the contrary is shown, to have done the act with the intention of causing the course of justice to be obstructed, perverted or interfered with.

(4) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(5) References in this section to a witness, in relation to any proceedings, include references to a person who provides, or is able to provide, any information or any document or other thing which might be used as evidence in those proceedings or which (whether or not admissible as evidence in those proceedings)-

(a) might tend to confirm evidence which will be or might be admitted in those proceedings;

(b) might be referred to in evidence given in those proceedings by another witness; or

(6) References in this section to doing an act include references to issuing any threat (whether against a person or his finances or property or otherwise), or making any other statement.

(7) This section is in addition to, and not in derogation of, any offence subsisting at common law.

Section 40

Harming witnesses etc.

(1) A person commits an offence if, in circumstances falling within subsection (2)-

(a) he does an act which harms, and is intended to harm, another person; or

(b) intending to cause another person to fear harm, he threatens to do an act which would harm that other person.

(2) The circumstances fall within this subsection if-

(a) the person doing or threatening to do the act does so knowing or believing that some person (whether or not the person harmed or threatened or the person against whom harm is threatened) has been a witness in relevant proceedings; and

(b) he does or threatens to do that act because of that knowledge or belief.

(3) If, in proceedings against a person for an offence under this section, it is proved that, within the relevant period-

(a) he did an act which harmed, and was intended to harm, another person, or

(b) intending to cause another person to fear harm, he threatened to do an act which would harm that other person,

and that he did the act, or (as the case may be) threatened to do the act, with the knowledge or belief required by paragraph (a) of subsection (2), he shall be presumed, unless the contrary is shown, to have done the act, or (as the case may be) threatened to do the act, because of that knowledge or belief.

(4) For the purposes of this section it is immaterial-

(a) whether or not the act that is done or threatened, or the threat that is made, is or would be done or is made in the presence of the person who is or would be harmed or of the person who is threatened;

(b) whether or not the motive mentioned in subsection (2)(b) is the predominating motive for the act or threat; and

(5) A person guilty of an offence under this section shall be liable-

(a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(6) In this section "the relevant period", in relation to an act done, or threat made, with the knowledge or belief that a person has been a witness in any relevant proceedings, means the period that begins with the commencement of those proceedings and ends one year after they are finally concluded.

(7) References in this section to a witness, in relation to any proceedings, include references to a person who has provided any information or any document or other thing which was or might have been used as evidence in those proceedings or which (whether or not it was admissible as evidence in those proceedings)-

(a) tended to confirm or might have tended to confirm any evidence which was or could have been given in those proceedings;

(b) was or might have been referred to in evidence given in those proceedings by another witness; or

(8) This section is in addition to, and not in derogation of, any offence subsisting at common law.

Section 78

Taking fingerprints

(1) In section 27 of the 1984 Act (requirement to attend police station for fingerprinting), after subsection (1) there shall be inserted-

"(1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in paragraph (c) of subsection (1) above, that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that subsection if-

(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(1B) Subsections (1) and (1A) above apply-

(a) where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, or

(b) where a person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence,

as they apply where a person has been convicted of an offence, and references in this section to a conviction shall be construed accordingly."

(2) In section 61(3)(a) of the 1984 Act (compulsory fingerprinting under the authorisation of a police officer of at least the rank of superintendent), for "superintendent" there shall be substituted "inspector".

(3) After section 61(3) of the 1984 Act there shall be inserted-

"(3A) Where a person charged with a recordable offence or informed that he will be reported for such an offence has already had his fingerprints taken as mentioned in paragraph (b)(ii) of subsection (3) above, that fact shall be disregarded for the purposes of that subsection if-

(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally)."

(4) After section 61(4) of the 1984 Act there shall be inserted-

"(4A) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if-

(a) the court, or

(b) an officer of at least the rank of inspector,

authorises them to be taken.

(4B) A court or officer may only give an authorisation under subsection (4A) if-

(a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or

(b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion."

(5) In section 61(5) of the 1984 Act (authorisation to be in writing or oral but to be confirmed in writing), after "(3)(a)" there shall be inserted "or (4A)".

(6) In section 61(6) of the 1984 Act (compulsory fingerprinting of persons convicted of recordable offences), for "he has been convicted of a recordable offence" there shall be substituted-

"(a) he has been convicted of a recordable offence;

(b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted; or

(c) he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence."

(7) After section 61(8) of the 1984 Act there shall be inserted-

"(8A) Where a person's fingerprints are taken electronically, they must be taken only in such manner, and using such devices, as the Secretary of State has approved for the purposes of electronic fingerprinting."

(8) In section 65(1) of the 1984 Act (supplementary provisions of Part 5), for the definition of "fingerprints" there shall be substituted-

""fingerprints", in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of-

(a) any of that person's fingers; or

(b) either of his palms;".

(9) Section 39 of the Criminal Justice Act 1948 (c. 58) (proof of previous convictions by fingerprints) shall cease to have effect.