The Criminal Justice and Public Order Act 1994 makes the most important changes to criminal litigation for a decade.

In its 172 sections and 11 schedules are provisions which will be of the greatest importance to practitioners.THE RIGHT OF SILENCESs.34 to 39 - likely to come into force in spring 1995In future, if the defendant fails to tell the police of his defence to the charge, or fails to explain certain incriminating circumstances when called upon to do so, or refuses to testify in court, the court may draw such inferences as appear proper.

Before these rules come into force new codes of practice will be published.A later article will describe these important new laws in detail, and analyse the effect they are likely to have in practice.BAILSs.25 to 30 - likely to come into force in spring 1995-- Rape and homicide.

Bail can no longer be granted to someone charged with rape or homicide if they have a previous conviction for such an offence.-- Offence committed while on bail.

It will be a ground for refusing bail that the defendant is charged with an indictable or either way offence, and was on bail on the date of the offence.

If the new charge is a mere summary offence this ground will not apply.

However, the court might still refuse bail on the old ground that he would commit a further offence while on bail if released.-- Conditional police bail.

In the past, the police could not grant conditional bail.

S.27 changes this by giving the custody officer virtually the same power to impose bail conditions as a court.

All conditions, including sureties and security, may be imposed, except that a requirement t o reside in a bail hostel can only be imposed by a court.-- Reconsideration of decisions granting bail.

The prosecution may apply to the magistrates at any time to reconsider a decision to grant bail.

This only applies to indictable and either way offences, and only if new information is available.

This supplements the power granted by the Bail (Amendment) Act 1993, which allows the prosecution to appeal to the Crown Court against a decision of the magistrates to grant bail.EVIDENCESs.31 to 33 - likely to come into force in early 1995-- Imputations on character.

S.1(f)(ii) of the Criminal Evidence Act 1898 is amended so that a defendant may be cross-examined on his criminal convictions if he casts imputations on the character of 'the deceased victim of the alleged crime'.In the past, alleged murderers sometimes gave evidence attacking the character of their victim.

They could do this without any fear that their own character would be exposed under s.1(f)(ii) of the Criminal Evidence Act 1898 because the deceased victim was not a prosecution witness.

This corrects that omission.-- Corroboration.

The rule that the judge must warn the jury of the dangers of convicting on the uncorroborated evidence of an accomplice or the alleged victim of a sexual offence is abolished.

The Act also abolishes various rules under the Sexual Offences Act 1956, which provided that a person could not be convicted of certain offences on the evidence of one witness only.In future, the judge will only give a warning where it appears necessary in the circumstances.

There remain a few offences, such as treason, perjury and speeding, where corroboration is still required as a matter of law.COMMITTAL PROCEEDINGSS.44 and sched 4 pt 1 - likely to come into force in the second half of 1995Committal proceedings are to be replaced with a simpler procedure called transfer for trial.

The crucial difference is that witnesses can no longer be called at this stage, and normally the case will be transferred to the Crown Court as an administrative matter without any hearing being necessary.The change implements a recommendation of the Royal Commission on Criminal Procedure, which felt that it was unjust to witnesses, and unnecessary, that they could be made to give evidence once at committal and again at the Crown Court trial.

The new procedure will be as follows:-- The prosecution sends to the court and to the accused a 'notice of the prosecution case' specifying the charge(s) and including a set of documents containing the evidence on which the charge(s) are based.-- The accused may make an 'application for dismissal'.

This is an application, in writing to the magistrates' court, for the charge, or any of the charges, to be dismissed.

The prosecution may oppose the application in writing.

The court may consider the written application without an oral hearing.-- An unrepresented accused has a right to make oral representations to the court when it considers the application.

A represented accused may, in his written application for dismissal of the charges, include a request for leave to make oral representations on the grounds of the complexity or difficulty of the case.

Even if this is allowed witnesses will not be heard.

The court merely considers the written evidence and the oral or written representations of both sides.-- The court will dismiss the charge if it considers 'that there is not sufficient evidence against the accused to put him on trial by jury for the offence charged'.

Alternatively the court may substitute another charge.-- U nless there is a successful application for dismissal, the court will transfer the case to the Crown Court.-- The witness orders formerly made at committal are abolished.

New rules of court will fill in the details of the new procedure, and will make provision for a plea and directions hearing before most Crown Court trials.

At that hearing appropriate witness orders will be made.

Time limits will be laid down for the whole procedure.PUBLIC ORDERSs.61 to 71 - mostly in force since 3 November 1994-- Raves.

A rave is defined as a gathering in the open air of 100 or more persons at which amplified music is played during the night.

If the music is likely to be so loud or prolonged as to cause serious distress to the inhabitants of the locality then the police may direct those organising or attending to leave the land.Failure to leave involves the commission of an offence carrying three months imprisonment, and the possibility of forfeiture of sound equipment.

The powers apply even if there is no trespass involved, but will not apply to raves which are indoors, nor to raves which cause distress only to passers-by rather than inhabitants.-- Aggravated trespass.

Demonstrators such as hunt saboteurs and the M11 protesters are targeted by the new offence of aggravated trespass.

This is trespassing on land in the open air and doing anything intended to intimidate, obstruct or disrupt some lawful activity.

Once again, three months imprisonment can be imposed.-- Trespassory assemblies.

The Public Order Act 1986 is toughened up, with new powers being introduced for the police to obtain an order from the local authority banning an assembly which is to be held on private land without the consent of the occupier, and which may result in serious disruption to the life of the community.SQUATTERSSs.72 to 75 - likely to come into force in early 1995The Lord Chancellor's Department is shortly to introduce new rules of court to allow property owners to go ex parte to the county court for an 'interim possession order' against squatters.

Thereafter the squatters must leave within 24 hours, failing which they can go to prison for up to six months.

A constable in uniform may arrest the squatters if they fail to leave.The new procedure is analogous to that used to obtain interim injunctions, and can be used against shop-squatters as well as residential squatters.

The respondents have to leave, even if they intend later to challenge the right of the applicant to the order.

However, in that case they may have the right to be restored to occupation, and to compensation.

The Act creates various criminal offences in relation to the new procedure so that, for example, if someone makes a false or misleading statement for the purpose of obtaining an interim possession order they can be sent to prison for up to two years.TAKING BODY SAMPLESSs.54 to 59 - likely to come into force in spring 1995These provisions have largely been provoked by the new technique of DNA profiling.

They greatly extend the circumstances in which the police may take body samples from suspects.In future, non-intimate samples may be taken from anyone charged with a recordable offence.

All imprisonable offences are recordable, as are a few non-imprisonable offences.

In some circumstances the samples, and information derived from them, may be retained even though the suspect is not convicted of an offence.When someone is charged in future the police may not only photograph and fingerprint him, but also take from him a sample for DNA profiling.

They may then keep the r esults on file, much as they have kept fingerprints on file in the past, and so may build up a DNA library.

When other crimes are committed in the future they may be able to check the DNA profiles in their records.SEXUAL OFFENCESSs.142 to 148 - in force since 3 November 1994The age of consent for homosexual acts is reduced from 21 to 18.

Rape is redefined to include rape of men as well as women, and to include anal as well as vaginal rape.

Homosexual activity within the armed forces and merchant navy is decriminalised.

Consensual buggery of a woman over 18 is decriminalised.SENTENCINGMostly to come into force in early 1995Provisions on sentencing are scattered throughout the Act.-- Secure training orders.

Ss.1 to 24 provide a new sentence for persistent offenders aged between 12 and 14.-- Reduction in sentences for guilty pleas.

S.48 says that in sentencing an offender who has pleaded guilty the court shall take into account the stage at which the offender indicated his intention to plead guilty and the circumstances in which this indication was given.If the court imposes a punishment which is less severe than it would otherwise have imposed, it shall state in open court that it has done so.

This implements a recommendation of the Royal Commission on Criminal Procedure, and may allow more open plea bargaining.-- Increases in penalties.

S.92 increases the maximum penalty for obscene, offensive or annoying telephone calls from a £1000 fine to six months imprisonment.

This should put an end to the practice of charging serious nuisance callers with assault causing actual or grievous bodily harm.

Sched 8 increases the penalties for a number of offences, most notably under the Misuse of Drugs Act.

For example, the maximum fine for possession of cannabis goes up from £500 to £2500.OTHER CHANGES-- New rules on jury service, including the disqualification from jury service of those on bail (ss.40 to 43).-- A new offence of intimidation of witnesses and jurors (s.51).-- Circuit judges to be able to sit as judges of the Criminal Division of the Court of Appeal (s.52).-- New police powers of stop and search in anticipation of violence (s.60).-- The police may now be able to direct trespassers who intend to reside on land to leave if they have brought six (previously 12) vehicles onto the land; this is achieved by repeal of s.39 of the Public Order Act 1986, and the enactment of a new version (s.61).-- The definition of 'displaced residential occupiers' and 'protected intending occupiers' in the Criminal Law Act 1977 is extended, increasing the class of those who can use force to evict residential squatters (ss.72 to 74).-- New powers of local authorities to remove unauthorised campers, and the abolition of the duty on local authorities to provide sites for gypsies (ss.77 to 80).-- New powers and offences in relation to terrorism (ss.81 to 83).-- Tougher rules on obscenity and indecency, including provisions relating to child pornography, and increased penalties for dealing in unclassified videos (ss.84 to 91).-- Constables from England and Wales to have powers of arrest in Scotland and Northern Ireland, and vice versa (ss.136 to 141).-- Ticket touts to be guilty of an offence if they try to sell tickets to a designated football match (s.166).-- Taxi touts to be guilty of an offence, except in relation to a licensed taxi or in other limited circumstances (s.167).