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Session 2002 - 03
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Criminal Justice Bill


Criminal Justice Bill
Schedule 18 — Mandatory life sentences: transitional cases

    269

 

              (a)             on or after the commencement date a court passes a life sentence in

circumstances where the sentence is fixed by law, and

              (b)             the offence to which the sentence relates was committed before the

commencement date.

  10       The court—

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              (a)             may not make an order under subsection (2) of section 254 specifying

a part of the sentence which in the opinion of the court is greater than

that which, under the practice followed by the Secretary of State

before December 2002, the Secretary of State would have been likely

to notify as mentioned in paragraph 2(a), and

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              (b)             may not make an order under subsection (4) of section 254 unless the

court is of the opinion that, under the practice followed by the

Secretary of State before December 2002, the Secretary of State would

have been likely to give the prisoner a notification falling within

paragraph 2(b).

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Proceedings in High Court

  11      (1)      An application under paragraph 3 or a reference under paragraph 6 is to be

determined by a single judge of the High Court without an oral hearing.

          (2)      In relation to such an application or reference, any reference to “the court” in

section 254(2) to (5) and Schedule 17 is to be read as a reference to the High

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Court.

Giving of reasons

  12      (1)      Where the High Court makes an order under paragraph 3(1)(a) or (b), it

must state in open court, in ordinary language, its reasons for deciding on

the order made.

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          (2)      Where the order is an order under paragraph 3(1)(a) specifying a part of the

sentence shorter than the notified minimum term the High Court must, in

particular, state its reasons for departing from the notified minimum term.

  13       Where the High Court makes an order under subsection (2) or (4) of section

254 on a reference under paragraph 6, subsection (2) of section 255 does not

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apply.

Right of appeal

  14      (1)      A person who has made an application under paragraph 3 or in respect of

whom a reference has been made under paragraph 6 may with the leave of

the Court of Appeal appeal to the Court of Appeal against the decision of the

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High Court on the application or reference.

          (2)      Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House

of Lords from decision of High Court in a criminal cause or matter) and

section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal

from High Court to Court of Appeal in a criminal cause or matter) do not

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apply in relation to a decision to which sub-paragraph (1) applies.

          (3)      The jurisdiction conferred on the Court of Appeal by this paragraph is to be

exercised by the criminal division of that court.

 

 

Criminal Justice Bill
Schedule 19 — Deferment of sentence

    270

 

          (4)      Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal

from criminal division of Court of Appeal) does not prevent an appeal to the

House of Lords under this paragraph.

          (5)      In relation to appeals to the Court of Appeal or the House of Lords under

this paragraph, the Secretary of State may make an order containing

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provision corresponding to any provision in the Criminal Appeal Act 1968

(c. 19) (subject to any specified modifications).

Review of minimum term on reference by Attorney General

  15       Section 36 of the Criminal Justice Act 1988 (c. 33) applies in relation to an

order made by the High Court under paragraph 3(1)(a) as it applies in

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relation to an order made by the Crown Court under section 254(2).

Modification of early release provisions

  16       The early release provisions have effect in their application by virtue of

paragraph 3(1)(a) or (3) to a person to whom paragraph 3 applies as if any

reference to the relevant part of the sentence were a reference to the part

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specified in the order under paragraph 3(1)(a) or, as the case may be, to the

notified minimum term as defined by paragraph 3(4).

Transferred life prisoners

  17       In relation to an existing prisoner who immediately before the

commencement date is a transferred life prisoner for the purposes of section

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33 of the Crime (Sentences) Act 1997 (c. 43), this Schedule is to be read as if—

              (a)             any certificate under subsection (2) of that section were a notification

falling within paragraph 2(a) of this Schedule, and

              (b)             references to any recommendation of the trial judge or the Lord

Chief Justice were omitted.

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Schedule 19

Section 263

 

Deferment of sentence

  1        For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is

substituted—

“Deferment of sentence

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       1            Deferment of sentence

              (1)             The Crown Court or a magistrates’ court may defer passing sentence

on an offender for the purpose of enabling the court, or any other

court to which it falls to deal with him, to have regard in dealing with

him to—

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                    (a)                   his conduct after conviction (including, where appropriate,

the making by him of reparation for his offence); or

                    (b)                   any change in his circumstances;

            but this is subject to subsections (3) and (4) below.

 

 

Criminal Justice Bill
Schedule 19 — Deferment of sentence

    271

 

              (2)             Without prejudice to the generality of subsection (1) above, the

matters to which the court to which it falls to deal with the offender

may have regard by virtue of paragraph (a) of that subsection

include the extent to which the offender has complied with any

requirements imposed under subsection (3)(b) below.

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              (3)             The power conferred by subsection (1) above shall be exercisable

only if—

                    (a)                   the offender consents;

                    (b)                   the offender undertakes to comply with any requirements as

to his conduct during the period of the deferment that the

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court considers it appropriate to impose; and

                    (c)                   the court is satisfied, having regard to the nature of the

offence and the character and circumstances of the offender,

that it would be in the interests of justice to exercise the

power.

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              (4)             Any deferment under this section shall be until such date as may be

specified by the court, not being more than six months after the date

on which the deferment is announced by the court; and, subject to

section 1D(3) below, where the passing of sentence has been deferred

under this section it shall not be further so deferred.

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              (5)             Where a court has under this section deferred passing sentence on an

offender, it shall forthwith give a copy of the order deferring the

passing of sentence and setting out any requirements imposed under

subsection (3)(b) above—

                    (a)                   to the offender,

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                    (b)                   where an officer of a local probation board has been

appointed to act as a supervisor in relation to him, to that

board, and

                    (c)                   where a person has been appointed under section 1A(2)(b)

below to act as a supervisor in relation to him, to that person.

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              (6)             Notwithstanding any enactment, a court which under this section

defers passing sentence on an offender shall not on the same

occasion remand him.

              (7)             Where—

                    (a)                   a court which under this section has deferred passing

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sentence on an offender proposes to deal with him on the

date originally specified by the court, or

                    (b)                   the offender does not appear on the day so specified,

                              the court may issue a summons requiring him to appear before the

court at a time and place specified in the summons, or may issue a

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warrant to arrest him and bring him before the court at a time and

place specified in the warrant.

              (8)             Nothing in this section or sections 1A to 1D below shall affect—

                    (a)                   the power of the Crown Court to bind over an offender to

come up for judgment when called upon; or

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                    (b)                   the power of any court to defer passing sentence for any

purpose for which it may lawfully do so apart from this

section.

 

 

Criminal Justice Bill
Schedule 19 — Deferment of sentence

    272

 

       1A            Further provision about undertakings

              (1)             Without prejudice to the generality of paragraph (b) of section 1(3)

above, the requirements that may be imposed by virtue of that

paragraph include requirements as to the residence of the offender

during the whole or any part of the period of deferment.

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              (2)             Where an offender has undertaken to comply with any requirements

imposed under section 1(3)(b) above the court may appoint—

                    (a)                   an officer of a local probation board, or

                    (b)                   any other person whom the court thinks appropriate,

                              to act as a supervisor in relation to him.

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              (3)             A person shall not be appointed under subsection (2)(b) above

without his consent.

              (4)             It shall be the duty of a supervisor appointed under subsection (2)

above—

                    (a)                   to monitor the offender’s compliance with the requirements;

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and

                    (b)                   to provide the court to which it falls to deal with the offender

in respect of the offence in question with such information as

the court may require relating to the offender’s compliance

with the requirements.

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       1B            Breach of undertakings

              (1)             A court which under section 1 above has deferred passing sentence

on an offender may deal with him before the end of the period of

deferment if—

                    (a)                   he appears or is brought before the court under subsection (3)

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below; and

                    (b)                   the court is satisfied that he has failed to comply with one or

more requirements imposed under section 1(3)(b) above in

connection with the deferment.

              (2)             Subsection (3) below applies where—

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                    (a)                   a court has under section 1 above deferred passing sentence

on an offender;

                    (b)                   the offender undertook to comply with one or more

requirements imposed under section 1(3)(b) above in

connection with the deferment; and

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                    (c)                   a person appointed under section 1A(2) above to act as a

supervisor in relation to the offender has reported to the

court that the offender has failed to comply with one or more

of those requirements.

              (3)             Where this subsection applies, the court may issue—

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                    (a)                   a summons requiring the offender to appear before the court

at a time and place specified in the summons; or

                    (b)                   a warrant to arrest him and bring him before the court at a

time and place specified in the warrant.

 

 

 
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