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Criminal Justice Bill


Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

    350

 

Judicature (Northern Ireland) Act 1978 (c. 23)

  45      (1)                        Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial

on indictment) is amended as follows.

          (2)      In subsection (6A) for “the jury are sworn” there is substituted “the time

when the jury are sworn”.

5

          (3)      After subsection (6A) there is inserted—

              “(6B)                The reference in subsection (6A) to the time when the jury are sworn

includes the time when the jury would be sworn but for—

                    (a)                   the making of an order under Part 7 of the Criminal Justice

Act 2003, or

10

                    (b)                   the application of section 75 of the Terrorism Act 2000.”

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

  46       In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power

to order retrial) for “the jury were discharged from giving a verdict” there is

substituted “no verdict was given”.

15

Supreme Court Act 1981 (c.54)

  47      (1)      Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of

place of trial) is amended as follows.

          (2)      In subsection (2A) for “the jury are sworn” there is substituted “the time

when the jury are sworn”

20

          (3)      After subsection (2A) there is inserted—

              “(2B)                The reference in subsection (2A) to the time when the jury are sworn

includes the time when the jury would be sworn but for the making

of an order under Part 7 of the Criminal Justice Act 2003.”

Police and Criminal Evidence Act 1984 (c. 60)

25

  48      (1)                                 Section 77 of the Police and Criminal Evidence Act 1984 (confessions of

mentally handicapped persons) is amended as follows.

          (2)                        In subsection (1) after “indictment” there is inserted “with a jury”.

          (3)                        In subsection (2) after “indictment” there is inserted “with a jury”.

          (4)               After subsection (2) there is inserted—

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              “(2A)                In any case where at the trial on indictment without a jury of a person

for an offence it appears to the court that a warning under subsection

(1) above would be required if the trial were with a jury, the court

shall treat the case as one in which there is a special need for caution

before convicting the accused on his confession.”.

35

Prosecution of Offences Act 1985 (c.23)

  49       The Prosecution of Offences Act 1985 is amended as follows.

  50       In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is

substituted “on indictment”.

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

    351

 

  51      (1)      Section 22 (power of Secretary of State to set time limits in relation to

preliminary stages of criminal proceedings) is amended as follows.

          (2)      In subsection (11A)—

              (a)             for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”,

5

              (b)             for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

          (3)      After that subsection there is inserted—

              “(11AA)                The references in subsection (11A) above to the time when a jury is

sworn include the time when that jury would be sworn but for the

10

making of an order under Part 7 of the Criminal Justice Act 2003.”

Criminal Justice Act 1987 (c.38)

  52       The Criminal Justice Act 1987 is amended as follows.

  53      (1)      Section 7 (power to order preparatory hearing) is amended as follows.

          (2)      In subsection (1) for “the jury are sworn” there is substituted “the time when

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the jury are sworn”.

          (3)      After subsection (2) there is inserted—

              “(2A)                The reference in subsection (1) above to the time when the jury are

sworn includes the time when the jury would be sworn but for the

making of an order under Part 7 of the Criminal Justice Act 2003.”

20

  54      (1)      Section 9 (the preparatory hearing) is amended as follows.

          (2)                        In subsection (4)(b) for “the jury” there is substituted “a jury”.

          (3)      In subsection (13) for “no jury shall be sworn” there is substituted “the

preparatory hearing shall not be concluded”.

  55      (1)      Section 10 (later stages of trial) is amended as follows.

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          (2)                        In subsection (2) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

          (3)      In subsection (3) for “deciding whether to give leave” there is substituted

“doing anything under subsection (2) above or in deciding whether to do

anything under it”.

30

          (4)      In subsection (4) for “Except as provided by this section” there is substituted

“Except as provided by this section, in the case of a trial with a jury”.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

  56       The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is

amended as follows.

35

  57      (1)      Article 6 (power to order preparatory hearing) is amended as follows.

          (2)                        In paragraph (1) for “the jury are sworn” there is substituted “the time when

the jury are sworn”.

          (3)      After paragraph (2) there is inserted—

          “(2A)                  The reference in paragraph (1) to the time when the jury are sworn

40

includes the time when the jury would be sworn but for—

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

    352

 

                      (a)                     the making of an order under Part 7 of the Criminal Justice

Act 2003, or

                      (b)                     the application of section 75 of the Terrorism Act 2000.”

  58      (1)      Article 8 (the preparatory hearing) is amended as follows.

          (2)                        In paragraph (4)(b) for “the jury” there is substituted “a jury”.

5

          (3)      In paragraph (12) for “no jury shall be sworn” there is substituted “the

preparatory hearing shall not be concluded”.

  59      (1)                        Article 9 (later stages of trial) (as originally enacted) is amended as follows.

          (2)      In paragraph (1) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

10

          (3)      In paragraph (2) for “deciding whether to give leave” there is substituted

“doing anything under paragraph (1) or in deciding whether to do anything

under it”.

          (4)               In paragraph (3) for “Except as provided by this Article” there is substituted

“Except as provided by this Article, in the case of a trial with a jury”.

15

  60      (1)                        Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to

the Criminal Procedure and Investigations Act 1996) is amended as follows.

          (2)      In paragraph (2) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

          (3)      In paragraph (3) for “deciding whether to give leave” there is substituted

20

“doing anything under paragraph (2) or in deciding whether to do anything

under it”.

          (4)               In paragraph (4) for “Except as provided by this Article” there is substituted

“Except as provided by this Article, in the case of a trial with a jury”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

25

  61      (1)                                 Article 75 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (confessions of mentally handicapped persons) is amended as follows.

          (2)                                 In paragraph (1) after “indictment” there is inserted “with a jury”.

          (3)               In paragraph (2) after “indictment” there is inserted “with a jury”.

          (4)               After paragraph (2) there is inserted—

30

          “(2A)                  In any case where at the trial on indictment without a jury of a

person for an offence it appears to the court that a warning under

paragraph (1) would be required if the trial were with a jury, the

court shall treat the case as one in which there is a special need for

caution before convicting the accused on his confession.”

35

Criminal Justice and Public Order Act 1994 (c. 33)

  62       The Criminal Justice and Public Order Act 1994 is amended as follows.

  63       In section 35(2) (effect of accused’s silence at trial) after “indictment” there is

inserted “with a jury”.

  64       In section 51(10)(b) (intimidation of witnesses, jurors and others) after

40

“finding” there is inserted “otherwise than in circumstances where the

proceedings are continued without a jury”.

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 4 — Trials on indictment without a jury

    353

 

Criminal Procedure and Investigations Act 1996 (c.25)

  65       The Criminal Procedure and Investigations Act 1996 is amended as follows.

  66      (1)      Section 29 (power to order preparatory hearing) is amended as follows.

          (2)      In subsection (1)(a) for “the jury are sworn” there is substituted “the time

when the jury are sworn”.

5

          (3)      After subsection (4) there is inserted—

              “(5)                The reference in subsection (1)(a) to the time when the jury are sworn

includes the time when the jury would be sworn but for the making

of an order under Part 7 of the Criminal Justice Act 2003.”

  67       In section 31(4)(b) (the preparatory hearing) for “the jury” there is

10

substituted “a jury”.

  68      (1)      Section 34 (later stages of trial) is amended as follows.

          (2)                        In subsection (2) after “jury” there is inserted “or, in the case of a trial without

a jury, the judge”.

          (3)      In subsection (3) for “deciding whether to give leave” there is substituted

15

“doing anything under subsection (2) or in deciding whether to do anything

under it”.

          (4)      In subsection (4) for “Except as provided by this section” there is substituted

“Except as provided by this section, in the case of a trial with a jury”.

  69       In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn”

20

there is substituted “the preparatory hearing shall not be concluded”.

  70       In section 36(2) (appeals to House of Lords) for “no jury shall be sworn”

there is substituted “the preparatory hearing shall not be concluded”.

  71      (1)      Section 39 (meaning of pre-trial hearing) is amended as follows.

          (2)      In subsection (3)—

25

              (a)             for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”,

              (b)             for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

          (3)      After that subsection there is inserted—

30

              “(4)                The references in subsection (3) to the time when a jury is sworn

include the time when that jury would be sworn but for the making

of an order under Part 7 of the Criminal Justice Act 2003.”

  72      (1)      Schedule 4 (modifications for Northern Ireland) is amended as follows.

          (2)      In paragraph 15 after the substituted version of section 39(2) there is

35

inserted—

              “(2A)                                                                                                But, for the purposes of this Part, a hearing of the kind mentioned in

section 44(2)(b) of the Criminal Justice Act 2003 is not a pre-trial

hearing.”

          (3)      In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—

40

              (a)             for “when a jury is sworn” there is substituted “at the time when a

jury is sworn”, and

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 5 — Evidence

    354

 

              (b)             for “a jury is sworn” there is substituted “the time when a jury is

sworn”.

          (4)               After paragraph 15 there is inserted—

          “15A                  In section 39(4) for “(3)” substitute “(3)(b)”.”

Crime and Disorder Act 1998 (c. 37)

5

  73       In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998

(applications for dismissal) for “a jury properly to convict him” there is

substituted “him to be properly convicted”.

Youth Justice and Criminal Evidence Act 2001 (c. 24)

  74       The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

10

  75       In section 32 (warning to jury) after “indictment” there is inserted “with a

jury”.

  76       In section 39(1) (warning to jury) after “indictment” there is inserted “with a

jury”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

15

  77       In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security

Act 2001 (general interpretation) after “finding” there is inserted “otherwise

than in circumstances where the proceedings are continued without a jury”.

Proceeds of Crime Act 2002 (c. 29)

  78       In section 316(9)(c) of the Proceeds of Crime Act 2002 (general

20

interpretation) after “finding” there is inserted “otherwise than in

circumstances where the proceedings are continued without a jury”.

Part 5

Evidence

Criminal Procedure Act 1865 (c. 18)

25

  79       In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for

offence may be proved if not admitted)—

              (a)             for “A witness may be” there is substituted “If, upon a witness being

lawfully”;

              (b)             the words “and upon being so questioned, if” are omitted.

30

Criminal Evidence Act 1898 (c. 36)

  80       In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—

              (a)             at the beginning of subsection (2) there is inserted “Subject to section

93 of the Criminal Justice Act 2003 (admissibility of evidence of

defendant’s bad character),”;

35

              (b)             subsection (3) is omitted.

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 6 — Miscellaneous

    355

 

Army Act 1955 (c. 18)

  81                In section 99(1) of the Army Act 1955 (rules of evidence) after “courts-martial

etc)” there is inserted “to Schedules 5 and 6 to the Criminal Justice Act 2003”.

Air Force Act 1955 (c. 19)

  82                In section 99(1) of the Air Force Act 1955 (rules of evidence) after “courts-

5

martial etc)” there is inserted “to Schedules 5 and 6 to the Criminal Justice

Act 2003”.

Naval Discipline Act 1957 (c. 53)

  83                In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after

“courts-martial etc)” there is inserted “to Schedules 5 and 6 to the Criminal

10

Justice Act 2003”.

Armed Forces Act 1976 (c. 52)

  84                In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of

evidence) after “paragraph 12 below” there is inserted “to Schedules 5 and 6

to the Criminal Justice Act 2003”.

15

Police and Criminal Evidence Act 1984 (c. 60)

  85       In section 74(3) of the Police and Criminal Evidence Act 1984 (proof of

defendant’s conviction for offence to prove commission of that offence) the

words from “in so far” to “he is charged,” are omitted.

Part 6

20

Miscellaneous

Criminal Appeal Act 1968 (c. 19)

  86       The Criminal Appeal Act 1968 is amended as follows.

  87       In section 45(1) (construction of references to Court of Appeal) for “section

44A” there is substituted “sections 44A and 51”.

25

  88      (1)      Section 51 (interpretation) is amended as follows.

          (2)      In subsection (1) the definition of “the defendant” is omitted.

          (3)      After that subsection there is inserted—

              “(1A)                In Part 2 of this Act “the defendant”—

                    (a)                   in relation to an appeal under section 33(1) of this Act against

30

a decision of the Court of Appeal on an appeal under Part 1

of this Act, means the person who was the appellant before

the Court of Appeal,

                    (b)                   in relation to an appeal under section 33(1) of this Act against

any other decision, means a defendant in the proceedings

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before the Crown Court who was a party to the proceedings

before the Court of Appeal, and

 

 

Criminal Justice Bill
Schedule 30 — Further minor and consequential amendments
Part 6 — Miscellaneous

    356

 

                    (c)                   in relation to an appeal under section 33(1B) of this Act, shall

be construed in accordance with section 33(4) of this Act;

                              and, subject to section 33(1A) of this Act, “prosecutor” shall be

construed accordingly.”

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

5

  89       The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

  90      (1)      Section 19 (legal aid) is amended as follows.

          (2)                        In subsection (1) after “an appeal” there is inserted “under this Part of this

Act”.

          (3)      In subsection (1A) for “for the purpose” there is substituted “in respect”.

10

          (4)      In subsection (1A)(a)—

              (a)             the words “application for leave to” are omitted, and

              (b)             after “hearings)” there is inserted “or section 46 of the Criminal

Justice Act 2003”.

          (5)      For subsection (1A)(b) there is substituted—

15

                    “(b)                      any other appeal to the Court of Appeal under any Northern

Ireland legislation (whenever passed or made) from

proceedings before the Crown Court; or

                    (c)                      an application for leave to appeal in relation to an appeal

mentioned in paragraph (a) or (b) above.”

20

          (6)      After subsection (1A) there is inserted—

              “(1B)                The Crown Court or the Court of Appeal may order that an acquitted

person shall be given legal aid in respect of an application made in

relation to him under section 70 of the Criminal Justice Act 2003.”

          (7)      In subsection (3) for “an appellant” there is substituted “a person”.

25

  91      (1)      Section 28 (costs) is amended as follows.

          (2)      In subsection (2)(a) for “this Part” there is substituted “section 19(1)”.

          (3)      After subsection (2) there is inserted—

              “(2AA)                The expenses of any solicitor or counsel assigned to a person

pursuant to a grant of legal aid under section 19(1A) or (1B) of this

30

Act shall, up to an amount allowed by the Master (Taxing Office), be

defrayed by the Lord Chancellor.”

          (4)      In subsection (2A) after “(2)(a)” there is inserted “or (2AA)”.

          (5)               In subsection (2G)—

              (a)             after “(2)(a)” there is inserted “or (2AA)”, and

35

              (b)             for “subsection (2)” there is substituted “subsections (2) and (2AA)”.

  92       For section 31(3) (definition of defendant and prosecutor) there is

substituted—

              “(3)                In this Part of this Act “the defendant”—

                    (a)                   in relation to an appeal under subsection (1) above against a

40

decision of the Court on an appeal under Part 1 of this Act,

means the person who was the appellant before the Court;

 

 

 
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