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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Miscellaneous

    160

 

                    “unpaid work requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 181;

                    “youth offending team” means a team established under section 39 of the

Crime and Disorder Act 1998 (c. 37).

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     (2)    For the purposes of any provision of this Part which requires the determination

of the age of a person by the court or the Secretary of State, his age is to be taken

to be that which it appears to the court or (as the case may be) the Secretary of

State to be after considering any available evidence.

     (3)    Any reference in this Part to an offence punishable with imprisonment is to be

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read without regard to any prohibition or restriction imposed by or under any

Act on the imprisonment of young offenders.

     (4)    For the purposes of this Part—

           (a)           a sentence falls to be imposed under subsection (2) of section 51A of the

Firearms Act 1968 (c. 27) if it is required by that subsection and the

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court is not of the opinion there mentioned,

           (b)           a sentence falls to be imposed under section 110(2) or 111(2) of the

Sentencing Act if it is required by that provision and the court is not of

the opinion there mentioned,

           (c)           a sentence falls to be imposed under section 207 or 209 if, because the

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court is of the opinion mentioned in subsection (1)(b) of that section, the

court is obliged to pass a sentence complying with that section,

           (d)           a sentence falls to be imposed under section 208 if, because the court is

of the opinion mentioned in subsection (1)(b) of that section and

considers that the case falls within subsection (2) or (3) of that section,

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the court is obliged to pass a sentence complying with that section, and

           (e)           a sentence falls to be imposed under section 210 if, because the court is

of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section,

the court is obliged to pass a sentence complying with that section.

 282   Duty of probation officers to consult with magistrates

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It shall be the duty of the chief officer of each probation area—

           (a)           to establish consultation arrangements with local magistrates’ courts

committees and local communities,

           (b)           to assist the probation service in the performance of its duties of

reducing offending, and

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           (c)           to supervise offenders in the community.

Part 12

Miscellaneous

Detention of suspected terrorists

 283   Limit on period of detention without charge of suspected terrorists

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     (1)    Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows.

     (2)    At the beginning of paragraph 29(3) (duration of warrants of further detention)

there is inserted “Subject to paragraph 36(3A),”.

 

 

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Part 12 — Miscellaneous

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     (3)    In sub-paragraph (3) of paragraph 36 (extension of warrants)—

           (a)           at the beginning there is inserted “Subject to sub-paragraph (3A),”, and

           (b)           for the words from “beginning” onwards there is substituted

“beginning with the relevant time”.

     (4)    After that sub-paragraph there is inserted—

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        “(3A)                               Where the period specified in a warrant of further detention—

                    (a)                   ends at the end of the period of seven days beginning with

the relevant time, or

                    (b)                   by virtue of a previous extension (or further extension) under

this sub-paragraph, ends after the end of that period,

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                                       the specified period may, on an application under this paragraph, be

extended or further extended to a period ending not later than the

end of the period of fourteen days beginning with the relevant time.

        (3B)                               In this paragraph “the relevant time”, in relation to a person,

means—

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                    (a)                   the time of his arrest under section 41, or

                    (b)                   if he was being detained under Schedule 7 when he was

arrested under section 41, the time when his examination

under that Schedule began.”

Enforcement of legislation on endangered species

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 284   Enforcement of regulations implementing Community legislation on

endangered species

     (1)    In this section—

                    “the 1972 Act” means the European Communities Act 1972 (c. 68);

                    “relevant Community instrument” means—

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                  (a)                 Council Regulation 338/97/EC on the protection of species of

wild fauna and flora by regulating the trade therein, and

                  (b)                 Commission Regulation 1808/01/EC on the implementation of

the Council Regulation mentioned in paragraph (a).

     (2)    Regulations made under section 2(2) of the 1972 Act for the purpose of

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implementing any relevant Community instrument may, notwithstanding

paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on

conviction on indictment with imprisonment for a term not exceeding five

years.

     (3)    In relation to Scotland and Northern Ireland, regulations made under section

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2(2) of the 1972 Act for the purpose of implementing any relevant Community

instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972

Act, create offences punishable on summary conviction with imprisonment for

a term not exceeding six months.

     (4)    In Scotland, a constable may arrest without a warrant a person—

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           (a)           who has committed or attempted to commit an offence under

regulations made under section 2(2) of the 1972 Act for the purpose of

implementing any relevant Community instrument, or

           (b)           whom he has reasonable grounds for suspecting to have committed or

to have attempted to commit such an offence.

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Part 12 — Miscellaneous

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     (5)    Until the coming into force of paragraph 3 of Schedule 25 (which amends

paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—

           (a)           with the omission of the words “in relation to Scotland and Northern

Ireland”, and

           (b)           as if, in relation to England and Wales, the definition of “relevant

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Community instrument” also included Council Directive 92/43/EEC

on the conservation of natural habitats and wild fauna and flora as

amended by the Act of Accession to the European Union of Austria,

Finland and Sweden and by Council Directive 97/62/EC.

     (6)    Any reference in this section to a Community instrument is to be read—

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           (a)           as a reference to that instrument as amended from time to time, and

           (b)           where any provision of that instrument has been repealed, as including

a reference to any instrument that re-enacts the repealed provision

(with or without amendment).

Miscellaneous provisions about criminal proceedings

15

 285   Non-appearance of defendant: plea of guilty

In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of

accused: plea of guilty) subsection (1)(a)(i) (which excludes offences

punishable with imprisonment for term exceeding 3 months) is omitted.

 286   Preparatory hearings for serious offences not involving fraud

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In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25)

(power to order preparatory hearings) in subsection (1) (preparatory hearing

may be held in complex or lengthy trial) after “complexity” there is inserted “a

case of such seriousness”.

 287   Preparatory hearings to deal with severance and joinder of charges

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     (1)    In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the

purposes of preparatory hearings in fraud cases) after paragraph (d) there is

inserted “or

                  “(e)                    considering questions as to the severance or joinder of charges.”

     (2)    In section 9(3) of that Act (determinations as to the admissibility of evidence

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etc) after paragraph (c) there is inserted “and

                  (d)                    any question as to the severance or joinder of charges.”

     (3)    In section 9(11) of that Act (appeals against orders or rulings under section

9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”.

     (4)    In section 29(2) of the Criminal Procedure and Investigations Act 1996 (c. 25)

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(purposes of preparatory hearings in non-fraud cases) after paragraph (d)

there is inserted—

                  “(e)                    considering questions as to the severance or joinder of

charges,”.

     (5)    In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after

40

paragraph (b) there is inserted—

                  “(c)                    any question as to the severance or joinder of charges.”

 

 

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Part 12 — Miscellaneous

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 288   Reporting restrictions for preparatory hearings

     (1)    The Criminal Justice Act 1987 is amended as follows.

     (2)    In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great

Britain” there is substituted “the United Kingdom”.

     (3)    In section 11A (offences in connection with reporting) after subsection (3) there

5

is inserted—

           “(3A)              Proceedings for an offence under this section shall not be instituted in

Northern Ireland otherwise than by or with the consent of the Attorney

General for Northern Ireland.”

     (4)    In section 17(3) (extent) after “sections 2 and 3;” there is inserted “sections 11

10

and 11A;”.

     (5)    The Criminal Procedure and Investigations Act 1996 is amended as follows.

     (6)    In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great

Britain” there is substituted “the United Kingdom”.

     (7)    In section 38 (offences in connection with reporting) after subsection (3) there

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is inserted—

           “(3A)              Proceedings for an offence under this section shall not be instituted in

Northern Ireland otherwise than by or with the consent of the Attorney

General for Northern Ireland.”

     (8)    In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great

20

Britain” there is substituted “the United Kingdom”.

     (9)    In section 79(3) (extent) after “Parts III” there is inserted “(other than sections

37 and 38)”.

     (10)   In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.

 289   Awards of costs

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     (1)    The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

     (2)    In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal

Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is

inserted “or section 35(1) of the Criminal Procedure and Investigations Act

1996”.

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     (3)    In section 18(2) (award of costs against accused in case of dismissal of appeal

under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c)

there is inserted “or

                  (d)                    an appeal or application for leave to appeal under section 35(1)

of the Criminal Procedure and Investigations Act 1996.”

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 290   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

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to appeal against conviction,”.

 

 

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Part 12 — Miscellaneous

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     (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

5

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

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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.”

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 291   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.

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     (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”.

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     (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—

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           “(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—

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           “(5)              In this section “respondent” includes a person who will be a respondent

if leave to appeal is granted.”

 292   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.

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Part 12 — Miscellaneous

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     (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.

5

           (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”.

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 293   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”.

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     (3)    After section 3 there is inserted—

       “3A            Power 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,

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                  (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.

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           (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.”

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 294   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”.

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     (3)    After section 3 there is inserted—

       “3A            Power 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,

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                  (b)                 if he had not so pleaded, he could on the indictment have

pleaded, or been found, guilty of some other offence, and

 

 

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Part 12 — Miscellaneous

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                  (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

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and pass such sentence in substitution for the sentence passed at the

trial as may be warranted in law by the plea so substituted.”

 295   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)

10

after “an offence” there is inserted “to which he did not plead guilty”.

     (3)    After section 14 there is inserted—

       “14A            Substitution 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

15

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

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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,

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being a sentence warranted by the relevant Service Act for that other

offence, but not a sentence of greater severity.”

 296   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

30

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.”

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     (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

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                  (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.”

 

 

 
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