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Criminal Justice Bill


Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 3 — Supplementary

    216

 

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

Hijacking of aircraft

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

Destroying, damaging or endangering the safety of an aircraft

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

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Hijacking of ships

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

(c. 31).

Seizing or exercising control of fixed platforms

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

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Destroying ships or fixed platforms or endangering their safety

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

Hijacking of Channel Tunnel trains

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

1994/570).

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Seizing or exercising control of the Channel Tunnel system

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

Conspiracy

Conspiracy

  62       An offence under Article 9 of the Criminal Attempts and Conspiracy

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(Northern Ireland) Order 1983 of conspiracy to commit an offence listed in

this Part of this Schedule.

Part 3

Supplementary

  63       A reference in this Schedule to an offence includes a reference to an offence

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of aiding, abetting, counselling or procuring the commission of the offence.

  64       A reference in this Schedule to an enactment includes a reference to the

enactment as enacted and as amended from time to time.

 

 

Criminal Justice Bill
Schedule 5 — Evidence of bad character: armed forces

    217

 

Schedule 5

Section 106

 

Evidence of bad character: armed forces

  1        Sections 90 to 99, 102, 103 and 105, in so far as they are not applied in relation

to proceedings before service courts by provision contained in or made

under any other Act, have effect in relation to such proceedings (whether in

5

the United Kingdom or elsewhere) as they have effect in relation to criminal

proceedings.

  2        Section 95, as it applies in relation to proceedings before service courts, has

effect with the substitution in subsection (1)(a) of “charge sheet” for “written

charge or indictment”.

10

  3       (1)      Section 100 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

          (2)      In subsection (1)—

              (a)             for “judge and jury” substitute “court-martial”;

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              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

              (c)             for the words after paragraph (b) substitute “the judge advocate

must either direct the court to acquit the defendant of the offence or,

if he considers that there ought to be a retrial, dissolve the court.”

          (3)      In subsection (2)—

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              (a)             for “jury” substitute “court”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”.

          (4)      In subsection (3)—

              (a)             for paragraph (a) substitute—

                           “(a)                             a court is required to determine under section 115B(2)

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of the Army Act 1955, section 115B(2) of the Air Force

Act 1955 or section 62B(2) of the Naval Discipline Act

1957 whether a person charged with an offence did

the act or made the omission charged,”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

30

              (c)             for the words after paragraph (c) substitute “the judge advocate must

either direct the court to acquit the defendant of the offence or, if he

considers that there ought to be a rehearing, dissolve the court.”

          (5)      For subsection (4) substitute—

              “(4)                This section does not prejudice any other power a judge advocate

35

may have to direct a court to acquit a person of an offence or to

dissolve a court.”

  4        Section 103, as it applies in relation to proceedings before service courts, has

effect with the substitution of the following for subsection (1)—

              “(1)                Where the court makes a relevant ruling—

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                    (a)                   it must state in open court (but, in the case of a ruling by a

judge advocate in proceedings before a court-martial, in the

absence of the other members of the court) its reasons for the

ruling;

 

 

Criminal Justice Bill
Schedule 6 — Hearsay evidence: armed forces

    218

 

                    (b)                   if it is a Standing Civilian Court, it must cause the ruling and

the reasons for it to be entered in the note of the court’s

proceedings.”

  5        Section 104 has effect as if, in subsection (7), the definition of “rules of court”

included rules regulating the practice and procedure of service courts.

5

  6       (1)      In this Schedule, and in section 100 as applied by this Schedule, “court-

martial” means a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53).

          (2)      In this Schedule “service court” means—

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              (a)             a court-martial;

              (b)             a summary appeal court constituted under section 83ZA of the Army

Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of

the Naval Discipline Act 1957;

              (c)             the Courts-Martial Appeal Court;

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              (d)             a Standing Civilian Court.

Schedule 6

Section 128

 

Hearsay evidence: armed forces

Application to proceedings before service courts

  1        Sections 107 to 114, 116, 117, 119, 120 to 122 and 126 to 127, in so far as they

20

are not applied in relation to proceedings before service courts by provision

contained in or made under any other Act, have effect in relation to such

proceedings (whether in the United Kingdom or elsewhere) as they have

effect in relation to criminal proceedings.

  2       (1)      In their application to such proceedings those sections have effect with the

25

following modifications.

          (2)      In section 109(2)(c) for “United Kingdom” substitute “country where the

court is sitting”.

          (3)      In section 110 insert after subsection (7)—

              “(8)                In subsection (4) “criminal proceedings” includes summary

30

proceedings under section 76B of the Army Act 1955, section 76B of

the Air Force Act 1955 or section 52D of the Naval Discipline Act

1957; and the definition of “criminal proceedings” in section 127(1)

has effect accordingly.”

          (4)      In section 116(4) for paragraph (a) substitute—

35

                    “(a)                      in the case of proceedings before a court-martial, proceedings

held for the determination of the issue must take place before

the judge advocate in the absence of the other members of the

court;”.

          (5)      In section 120, for subsection (7) substitute—

40

              “(7)                The appropriate rules are those regulating the practice and

procedure of service courts.”

 

 

Criminal Justice Bill
Schedule 6 — Hearsay evidence: armed forces

    219

 

          (6)      In section 125(10), at the end of the definition of “rules of court” insert—

                                        “(d)                        rules regulating the practice and procedure of service

courts.”

          (7)      In section 127 insert after subsection (1)—

              “(1A)                In this Part “criminal investigation” includes any investigation

5

which may lead—

                    (a)                   to proceedings before a court-martial or Standing Civilian

Court, or

                    (b)                   to summary proceedings under section 76B of the Army Act

1955, section 76B of the Air Force Act 1955 or section 52D of

10

the Naval Discipline Act 1957.”

  3       (1)      Section 115 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

          (2)      In subsection (1) for “judge and jury” substitute “court-martial”.

15

          (3)      In subsection (2)—

              (a)             for “jury when they retire to consider their” substitute “court when it

retires to consider its”.

              (b)             for “the court” in paragraph (a) substitute “the judge advocate”;

              (c)             for “the jury” in paragraph (b) substitute “the court”.

20

  4       (1)      Section 118 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

          (2)      In subsection (1)—

              (a)             for “judge and jury” substitute “court-martial”;

25

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

              (c)             for the words after paragraph (b) substitute “the judge advocate

must either direct the court to acquit the defendant of the offence or,

if he considers that there ought to be a retrial, dissolve the court.”

          (3)      In subsection (2)—

30

              (a)             for “jury” substitute “court”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”.

          (4)      In subsection (3)—

              (a)             for paragraph (a) substitute—

                           “(a)                             a court is required to determine under section 115B(2)

35

of the Army Act 1955, section 115B(2) of the Air Force

Act 1955 or section 62B(2) of the Naval Discipline Act

1957 whether a person charged with an offence did

the act or made the omission charged,”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

40

              (c)             for the words after paragraph (b) substitute “the judge advocate

must either direct the court to acquit the defendant of the offence or,

if he considers that there ought to be a rehearing, dissolve the court.”

          (5)      For subsection (4) substitute—

              “(4)                This section does not prejudice any other power a judge advocate

45

may have to direct a court to acquit a person of an offence or to

dissolve a court.”

 

 

Criminal Justice Bill
Schedule 6 — Hearsay evidence: armed forces

    220

 

Amendments

  5        For paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968

(c. 20) (use at retrial under Naval Discipline Act 1957 of record of evidence

given at original trial) substitute—

          “1                  Evidence given at the retrial of any person under section 19 of this

5

Act shall be given orally if it was given orally at the original trial,

unless—

                      (a)                     section 109 of the Criminal Justice Act 2003 applies

(admissibility of hearsay evidence where a witness is

unavailable); or

10

                      (b)                     the witness is unavailable to give evidence, otherwise than

as mentioned in subsection (2) of that section, and section

107(1)(d) of that Act applies (admission of hearsay

evidence under residual discretion).”

  6        For paragraph 3 of that Schedule (use at retrial under Army Act 1955 of

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record of evidence given at original trial) substitute—

          “3                  Evidence given at the retrial of any person under section 19 of this

Act shall be given orally if it was given orally at the original trial,

unless—

                      (a)                     section 109 of the Criminal Justice Act 2003 applies

20

(admissibility of hearsay evidence where a witness is

unavailable); or

                      (b)                     the witness is unavailable to give evidence, otherwise than

as mentioned in subsection (2) of that section, and section

107(1)(d) of that Act applies (admission of hearsay

25

evidence under residual discretion).”

  7        For paragraph 5 of that Schedule (use at retrial under Air Force Act 1955 of

record of evidence given at original trial) substitute—

          “5                  Evidence given at the retrial of any person under section 19 of this

Act shall be given orally if it was given orally at the original trial,

30

unless—

                      (a)                     section 109 of the Criminal Justice Act 2003 applies

(admissibility of hearsay evidence where a witness is

unavailable); or

                      (b)                     the witness is unavailable to give evidence, otherwise than

35

as mentioned in subsection (2) of that section, and section

107(1)(d) of that Act applies (admission of hearsay

evidence under residual discretion).”

Interpretation

  8        In this Schedule, and in any provision of this Part as applied by this

40

Schedule—

                    “court-martial” means a court-martial constituted under the Army Act

1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

the Naval Discipline Act 1957 (c. 53);

                    “service court” means—

45

                    (a)                   a court-martial;

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 1 — Preliminary

    221

 

                    (b)                   a summary appeal court constituted under section 83ZA of

the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 83ZA of the

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 52FF of the

Naval Discipline Act 1957 (c. 53);

                    (c)                   the Courts-Martial Appeal Court;

5

                    (d)                   a Standing Civilian Court.

Schedule 7

Section 172

 

Breach, revocation or amendment of community order

Part 1

Preliminary

10

Interpretation

  1        In this Schedule—

                    “the offender”, in relation to a community order, means the person in

respect of whom the order is made;

                    “the petty sessions area concerned”, in relation to a community order,

15

means the petty sessions area for the time being specified in the

order;

                    “the responsible officer” has the meaning given by section 188.

  2        In this Schedule—

              (a)             references to a drug rehabilitation requirement of a community

20

order being subject to review are references to that requirement

being subject to review in accordance with section 201(1)(b);

              (b)             references to the court responsible for a community order imposing

a drug rehabilitation requirement which is subject to review are to be

construed in accordance with section 201(4).

25

  3        For the purposes of this Schedule—

              (a)             a requirement falling within any paragraph of section 170(1) is of the

same kind as any other requirement falling within that paragraph,

and

              (b)             an electronic monitoring requirement is a requirement of the same

30

kind as any requirement falling within section 170(1) to which it

relates.

Orders made on appeal

  4        Where a community order has been made on appeal, it is to be taken for the

purposes of this Schedule to have been made by the Crown Court.

35

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order

    222

 

Part 2

Breach of requirement of order

Duty to give warning

  5       (1)      If the responsible officer is of the opinion that the offender has failed without

reasonable excuse to comply with any of the requirements of a community

5

order, the officer must give him a warning under this paragraph unless—

              (a)             the offender has within the previous twelve months been given a

warning under this paragraph in relation to a failure to comply with

any of the requirements of the order, or

              (b)             the officer causes an information to be laid before a justice of the

10

peace in respect of the failure.

          (2)      A warning under this paragraph must—

              (a)             describe the circumstances of the failure,

              (b)             state that the failure is unacceptable, and

              (c)             inform the offender that if within the next twelve months he again

15

fails to comply with any requirement of the order, he will be liable to

be brought before a court.

          (3)      The responsible officer must, as soon as practicable after the warning has

been given, record that fact.

          (4)      In relation to any community order which was made by the Crown Court

20

and does not include a direction that any failure to comply with the

requirements of the order is to be dealt with by a magistrates’ court, the

reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a

reference to the Crown Court.

Breach of order after warning

25

  6       (1)      If—

              (a)             the responsible officer has given a warning under paragraph 5 to the

offender in respect of a community order, and

              (b)             at any time within the twelve months beginning with the date on

which the warning was given, the responsible officer is of the

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opinion that the offender has since that date failed without

reasonable excuse to comply with any of the requirements of the

order,

                   the officer must cause an information to be laid before a justice of the peace

in respect of the failure in question.

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          (2)      In relation to any community order which was made by the Crown Court

and does not include a direction that any failure to comply with the

requirements of the order is to be dealt with by a magistrates’ court, the

reference in sub-paragraph (1) to a justice of the peace is to be read as a

reference to the Crown Court.

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Issue of summons or warrant by justice of the peace

  7       (1)      This paragraph applies to—

              (a)             a community order made by a magistrates’ court, or

 

 

 
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