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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc

    209

 

                              section 5A(1) below shall not apply unless he is convicted before the

Crown Court of one or more of the related offences.

              (5)             Where section 5A(1) below does not apply, the Crown Court may

deal with the offender in respect of the offence in any way in which

the magistrates’ court could deal with him if it had just convicted

5

him of the offence.

              (6)             Where the court commits a person under subsection (2) above,

section 6 below (which enables a magistrates’ court, where it

commits a person under this section in respect of an offence, also to

commit him to the Crown Court to be dealt with in respect of certain

10

other offences) shall apply accordingly.

              (7)             Section 4(7) above applies for the purposes of this section as it applies

for the purposes of that section.”

  26       For section 5 (power of Crown Court on committal for sentence under

sections 3 and 4) there is substituted—

15

       “5            Power of Crown Court on committal for sentence under sections 3, 3A

and 4

              (1)                             Where an offender is committed by a magistrates’ court for sentence

under section 3, 3A or 4 above, the Crown Court shall inquire into the

circumstances of the case and may deal with the offender in any way

20

in which it could deal with him if he had just been convicted of the

offence on indictment before the court.

              (2)                             In relation to committals under section 4 above, subsection (1) above

has effect subject to section 4(4) and (5) above.

              (3)             Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to

25

the effect of an indication of sentence under section 20 of that Act)

shall not apply in respect of any specified offence (within the

meaning of section 215 of the Criminal Justice Act 2003)—

                    (a)                   in respect of which the offender is committed under section

3A(2) above; or

30

                    (b)                   in respect of which—

                           (i)                          the offender is committed under section 4(2) above;

and

                           (ii)                         the court states under section 4(4) above that, in its

opinion, it also has power to commit the offender

35

under section 3A(2) above.”

  27       After section 5 there is inserted—

       “5A            Power of Crown Court on committal for sentence under sections 3B,

3C and 4A

              (1)             Where an offender is committed by a magistrates’ court for sentence

40

under section 3B, 3C or 4A above, the Crown Court shall inquire into

the circumstances of the case and may deal with the offender in any

way in which it could deal with him if he had just been convicted of

the offence on indictment before the court.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales

    210

 

              (2)             In relation to committals under section 4A above, subsection (1)

above has effect subject to section 4A(4) and (5) above.”

  28       In section 6 (committal for sentence in certain cases where offender

committed in respect of another offence), in subsection (4)(b), for “3 and 4”

there is substituted “3 to 4A”.

5

Schedule 4

Section 69

 

Qualifying offences for purposes of Part 10

Part 1

List of offences for England and Wales

Offences Against the Person

10

Murder

  1        Murder.

Attempted murder

  2        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit murder.

15

Soliciting murder

  3        An offence under section 4 of the Offences against the Person Act 1861

(c. 100).

Manslaughter

  4        Manslaughter.

20

Wounding or causing grievous bodily harm with intent

  5        An offence under section 18 of the Offences against the Person Act 1861.

Kidnapping

  6        Kidnapping.

Sexual Offences

25

Rape

  7        An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section

1 or 2 of the Sexual Offences Act 2003.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales

    211

 

Attempted rape

  8        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit an offence under section 1 of the Sexual Offences Act

1956 (c. 69) or section 1 or 2 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen

5

  9        An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen

  10       An offence under section 10 of the Sexual Offences Act 1956 alleged to have

been committed with a girl under thirteen.

Drugs Offences

10

Unlawful importation of Class A drug

  11       An offence under section 50(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

15

  12       An offence under section 68(2) of the Customs and Excise Management Act

1979 alleged to have been committed in respect of a Class A drug (as defined

by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

  13       An offence under section 170(1) or (2) of the Customs and Excise

20

Management Act 1979 alleged to have been committed in respect of a Class

A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug

  14       An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to

have been committed in relation to a Class A drug (as defined by section 2

25

of that Act).

Supplying or offering to supply Class A drug

  15       An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to

have been committed in relation to a Class A drug (as defined by section 2

of that Act).

30

Theft Offences

Robbery

  16       An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged

that, at some time during the commission of the offence, the defendant had

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences for England and Wales

    212

 

in his possession a firearm or imitation firearm (as defined by section 57 of

the Firearms Act 1968 (c. 27)).

Criminal Damage Offences

Arson endangering life

  17       An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48)

5

alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

  18       An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

  19       An offence under section 3(1)(a) of the Explosive Substances Act 1883.

10

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

  20       An offence under section 51 or 52 of the International Criminal Court Act

2001 (c. 17).

Grave breaches of the Geneva Conventions

15

  21       An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

  22       An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

  23       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

20

Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security

Hijacking of aircraft

  24       An offence under section 1 of the Aviation Security Act 1982 (c. 36).

Destroying, damaging or endangering the safety of an aircraft

  25       An offence under section 2 of the Aviation Security Act 1982.

25

Hijacking of ships

  26       An offence under section 9 of the Aviation and Maritime Security Act 1990

(c. 31).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland

    213

 

Seizing or exercising control of fixed platforms

  27       An offence under section 10 of the Aviation and Maritime Security Act 1990

(c. 31).

Destroying ships or fixed platforms or endangering their safety

  28       An offence under section 11 of the Aviation and Maritime Security Act 1990.

5

Hijacking of Channel Tunnel trains

  29       An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.

1994/570).

Seizing or exercising control of the Channel Tunnel system

  30       An offence under article 5 of the Channel Tunnel (Security) Order 1994.

10

Conspiracy

Conspiracy

  31       An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy

to commit an offence listed in this Part of this Schedule.

Part 2

15

List of offences for Northern Ireland

Offences Against the Person

Murder

  32       Murder.

Attempted murder

20

  33       An offence under Article 3 of the Criminal Attempts and Conspiracy

(Northern Ireland) Order 1983 of attempting to commit murder.

Soliciting murder

  34       An offence under section 4 of the Offences against the Person Act 1861

(c. 100).

25

Manslaughter

  35       Manslaughter.

Wounding or causing grievous bodily harm with intent

  36       An offence under section 18 of the Offences against the Person Act 1861.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland

    214

 

Kidnapping

  37       Kidnapping.

Sexual Offences

Rape

  38       Rape.

5

Attempted rape

  39       An offence under section 2 of the Attempted Rape, etc., Act (Northern

Ireland) 1960.

Intercourse with a girl under fourteen

  40       An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69)

10

of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteen

  41       An offence under section 1(1) of the Punishment of Incest Act 1908 (c.45)

alleged to have been committed with a girl under fourteen.

Drugs Offences

15

Unlawful importation of Class A drug

  42       An offence under section 50(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

20

  43       An offence under section 68(2) of the Customs and Excise Management Act

1979 alleged to have been committed in respect of a Class A drug (as defined

by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

  44                An offence under section 170(1) or (2) of the Customs and Excise

25

Management Act 1979 alleged to have been committed in respect of a Class

A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug

  45                An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to

have been committed in respect of a Class A drug (as defined by section 2 of

30

that Act).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 2 — List of offences for Northern Ireland

    215

 

Supplying or offering to supply Class A drug

  46                An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged

to have been committed in respect of a Class A drug (as defined by section 2

of that Act).

Theft Offences

5

Robbery

  47       An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 where

it is alleged that, at some time during the commission of the offence, the

defendant had in his possession a firearm or imitation firearm (as defined by

Article 2(2) of the Firearms (Northern Ireland) Order 1981).

10

Criminal Damage Offences

Arson endangering life

  48       An offence under Article 3(2) of the Criminal Damage (Northern Ireland)

Order 1977 alleged to have been committed by destroying or damaging

property by fire.

15

Causing explosion likely to endanger life or property

  49       An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

  50       An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism

20

Genocide, crimes against humanity and war crimes

  51       An offence under section 51 or 52 of the International Criminal Court Act

2001 (c. 17).

Grave breaches of the Geneva Conventions

  52       An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

25

Directing terrorist organisation

  53       An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

  54       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

 

 

 
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