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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Ninth Marshalled List]


 

Clause 269

 

THE BARONESS WALMSLEY

 The Baroness Walmsley gives notice of her intention to oppose the Question that Clause 269 stand part of the Bill.
 

Clause 271

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 271 stand part of the Bill.
 

Clause 284

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 163, line 15, leave out "fourteen" and insert "ten"
 

After Clause 289

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Extension of investigations by Criminal Cases Review Commission in England and Wales
(1)  Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2)  In subsection (1) after "conviction" there is inserted "or an application for leave to appeal against conviction,".
(3)  In paragraph (a) of that subsection—
(a)  at the beginning there is inserted "in the case of an appeal,", and
(b)  for "case", in both places where it occurs, there is substituted "appeal".
(4)  After paragraph (a) of that subsection there is inserted—
    "(aa)  in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;".
(5)  After that subsection there is inserted—
    "(1A)  A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act."
(6)  After subsection (4) there is inserted—
    "(5)  In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
Insert the following new Clause—
  "Extension of investigations by Criminal Cases Review Commission in Northern Ireland
(1)  Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2)  In subsection (1) after "conviction" there is inserted "or an application for leave to appeal against conviction,".
(3)  In paragraph (a) of that subsection—
(a)  at the beginning there is inserted "in the case of an appeal,", and
(b)  for "case", in both places where it occurs, there is substituted "appeal".
(4)  After paragraph (a) of that subsection there is inserted—
    "(aa)  in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;".
(5)  After that subsection there is inserted—
    "(1A)  A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below."
(6)  After subsection (4) there is inserted—
    "(5)  In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
Insert the following new Clause—
  "Appeals following reference by Criminal Cases Review Commission
(1)  Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.
(2)  After subsection (4) there is inserted—
    "(4A)  Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.
    (4B)  The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference."
(3)  In subsection (5) for "any of sections 9 to" there is substituted "section 11 or"."
Insert the following new Clause—
  "Power to substitute conviction of alternative offence on appeal in England and Wales
(1)  The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)  In section 3 (power to substitute conviction of alternative offence) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 3 there is inserted—
    "3APower to substitute conviction of alternative offence after guilty plea
    (1)  This section applies on an appeal against conviction where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.
    (2)  The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.""
Insert the following new Clause—
  "Power to substitute conviction of alternative offence on appeal in Northern Ireland
(1)  The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2)  In section 3 (power to substitute conviction of alternative offence) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 3 there is inserted—
    "3APower to substitute conviction of alternative offence after guilty plea
    (1)  This section applies where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
    (2)  The Court may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.""
Insert the following new Clause—
  "Substitution of conviction on different charge on appeal from court-martial
(1)  The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
(2)  In section 14 (substitution of conviction on different charge) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 14 there is inserted—
    "14ASubstitution of conviction on different charge after guilty plea
    (1)  This section applies where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
    (2)  The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.""
Insert the following new Clause—
  "Appeals against sentences in England and Wales
(1)  The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)  In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—
    "(3)  An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court."
(3)  In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—
    "(7)  For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—
    (a)  they are passed on the same day; or
    (b)  they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.""
 

After Clause 294

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Insert the following new Clause—
  "Overcrowded prison establishments
  No prison shall hold more prisoners than is provided for in its certified normal level of accommodation without Parliament being informed and then only when it is deemed safe to do so by the responsible authority."
 

Clause 298

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 298 stand part of the Bill.
 

Schedule 29

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Schedule 29 be the twenty-ninth Schedule of the Bill.
 

Schedule 30

 

THE BARONESS SCOTLAND OF ASTHAL

Page 355, line 23, at end insert—
 "86A      In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
    "(aa)  the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;".
 86B      In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—
    "(5)      In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
Page 355, line 24, leave out "45(1)" and insert "45"
Page 355, line 24, after "Appeal)" insert—
"(a)  in subsection (1),"
Page 355, line 25, at end insert—
"(b)  in subsection (2) after "sections" there is inserted "23A,"."
Page 357, line 8, at end insert—
 "92A      In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
    "(3C)      Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court."
 

Criminal Justice Act 1988 (c. 33)

 92B      In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
(a)  in subsection (3), for "10" there is substituted "11",
(b)  in subsection (9)(b), for "10 and 35(1)" there is substituted "11 and 35(1)".
 

Criminal Appeal Act 1995 (c. 35)

 92C      In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for "case", in both places where it occurs, there is substituted "appeal or application for leave to appeal"."
 

Schedule 31

 

THE BARONESS SCOTLAND OF ASTHAL

Page 372, line 21, column 2, at beginning insert—
  "Section 10(4).
  In section 11(2), the words from "(which expression" to "purposes of section 10)"."
 

Clause 305

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 174, line 7, at end insert—
"(5)  Section 284 shall cease to have effect at the end of 3 years beginning with the date on which this Act receives Royal Assent."
 

Clause 306

 

THE BARONESS SCOTLAND OF ASTHAL

Page 174, line 34, at end insert—
  "section (Appeals following reference by Criminal Cases Review Commission);"
Page 174, line 36, at end insert—
      "section (Extension of investigations by Criminal Cases Review Commission in Northern Ireland);
      section (Power to substitute conviction of alternative offence on appeal in Northern Ireland);"
Page 175, line 13, at end insert—
"(da)  section (Substitution of conviction on different charge on appeal from court-martial),"

 
 
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©Parliamentary copyright 2003
9 October 2003