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Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1 — Principal amendments

    211

 

              (5)             Where section 5A(1) below does not apply, the Crown Court may

deal with the offender in respect of the offence in any way in which

the magistrates’ court could deal with him if it had just convicted

him of the offence.

              (6)             Where the court commits a person under subsection (2) above,

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section 6 below (which enables a magistrates’ court, where it

commits a person under this section in respect of an offence, also to

commit him to the Crown Court to be dealt with in respect of certain

other offences) shall apply accordingly.

              (7)             Section 4(7) above applies for the purposes of this section as it applies

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for the purposes of that section.”

  26       For section 5 (power of Crown Court on committal for sentence under

sections 3 and 4) there is substituted—

       “5            Power of Crown Court on committal for sentence under sections 3, 3A

and 4

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              (1)                             Where an offender is committed by a magistrates’ court for sentence

under section 3, 3A or 4 above, the Crown Court shall inquire into the

circumstances of the case and may deal with the offender in any way

in which it could deal with him if he had just been convicted of the

offence on indictment before the court.

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              (2)                             In relation to committals under section 4 above, subsection (1) above

has effect subject to section 4(4) and (5) above.

              (3)             Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to

the effect of an indication of sentence under section 20 of that Act)

shall not apply in respect of any specified offence (within the

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meaning of section 206 of the Criminal Justice Act 2003)—

                    (a)                   in respect of which the offender is committed under section

3A(2) above; or

                    (b)                   in respect of which—

                           (i)                          the offender is committed under section 4(2) above;

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and

                           (ii)                         the court states under section 4(4) above that, in its

opinion, it also has power to commit the offender

under section 3A(2) above.”

  27       After section 5 there is inserted—

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       “5A            Power of Crown Court on committal for sentence under sections 3B,

3C and 4A

              (1)             Where an offender is committed by a magistrates’ court for sentence

under section 3B, 3C or 4A above, the Crown Court shall inquire into

the circumstances of the case and may deal with the offender in any

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way in which it could deal with him if he had just been convicted of

the offence on indictment before the court.

              (2)             In relation to committals under section 4A above, subsection (1)

above has effect subject to section 4A(4) and (5) above.”

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    212

 

  28       In section 6 (committal for sentence in certain cases where offender

committed in respect of another offence), in subsection (4)(b), for “3 and 4”

there is substituted “3 to 4A”.

Part 2

minor and consequential amendments

5

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

  29      (1)                        Section 2 of the Administration of Justice (Miscellaneous Provisions) Act

1933 (procedure for indictment of offenders) is amended as follows.

          (2)                                          In subsection (2)—

              (a)             in paragraph (a), for “committed” there is substituted “sent”,

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              (b)             paragraphs (aa) to (ac) are omitted,

              (c)             for paragraph (i) there is substituted—

                           “(i)                             where the person charged has been sent for trial, the

bill of indictment against him may include, either in

substitution for or in addition to any count charging

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an offence specified in the notice under section 57D(1)

of the Crime and Disorder Act 1998, any counts

founded on material which, in pursuance of

regulations made under paragraph 1 of Schedule 3 to

that Act, was served on the person charged, being

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counts which may lawfully be joined in the same

indictment;”,

              (d)             paragraphs (iA) and (iB) are omitted,

              (e)             in paragraph (ii), for “the committal” there is substituted “such

notice”, and

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              (f)             the words from “and in paragraph (iA)” to the end are omitted.

          (3)      In subsection (3)(b), for “committed” there is substituted “sent”.

Criminal Justice Act 1967 (c. 80)

  30      (1)      The Criminal Justice Act 1967 is amended as follows.

          (2)      In section 9 (proof by written statement), in subsection (1), the words “, other

30

than committal proceedings,” are omitted.

          (3)      In section 36 (interpretation), in subsection (1), the definition of “committal

proceedings” is omitted.

Criminal Appeal Act 1968 (c. 19)

  31      (1)      The Criminal Appeal Act 1968 is amended as follows.

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          (2)      In section 1 (right of appeal), in subsection (3), for “committed him” there is

substituted “sent him to the Crown Court”.

          (3)      In section 9 (appeal against sentence following conviction on indictment), in

subsection (2), the words from “section 41” to “either way offence” are

omitted.

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Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    213

 

Theft Act 1968 (c. 60)

  32                In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft

or handling stolen goods), subsection (4A) is omitted.

Criminal Justice Act 1972 (c. 71)

  33                In section 46 of the Criminal Justice Act 1972 (admissibility of written

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statements outside England and Wales), subsections (1A) to (1C) are

omitted.

Interpretation Act 1978 (c. 30)

  34                In Schedule 1 to the Interpretation Act 1978 (words and expressions

defined)—

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              (a)             in the definition of “Committed for trial”, paragraph (a) is omitted,

              (b)             after the entry for “Secretary of State” there is inserted—

                                      ““Sent for trial” means, in relation to England and Wales, sent

by a magistrates’ court to the Crown Court for trial pursuant

to section 51 or 51A of the Crime and Disorder Act 1998.”

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Magistrates’ Courts Act 1980 (c. 43)

  35      (1)               The Magistrates’ Courts Act 1980 is amended as follows.

          (2)                                 Sections 4 to 8 (which relate to committal proceedings) shall cease to have

effect and the cross-heading preceding section 4 is omitted.

          (3)      In section 29 (power of magistrates’ court to remit a person under 17 for trial

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to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the

words from “proceeds” to the end there is substituted “sends him to the

Crown Court for trial under section 51 or 51A of the Crime and Disorder Act

1998; and”.

          (4)      The following sections shall cease to have effect—

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              (a)             section 97A (summons or warrant as to committal proceedings),

              (b)                             section 103 (evidence of persons under 14 in committal proceedings

for assault, sexual offences etc), and

              (c)             section 106 (false written statements tendered in evidence).

          (5)               In section 150 (interpretation of other terms), in subsection (1), the definition

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of “committal proceedings” is omitted.

          (6)               In section 155 (short title, extent and commencement), in subsection (2)(a),

the words “8 (except subsection (9))” are omitted.

Supreme Court Act 1981 (c. 54)

  36      (1)               The Supreme Court Act 1981 is amended as follows.

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          (2)      In section 76 (committal for trial: alteration of place of trial)—

              (a)             in subsection (1), for the words from “varying” (where it first

appears) to “to Crown Court)” there is substituted “substituting

some other place for the place specified in a notice under section

51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”)”,

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Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    214

 

              (b)             in subsection (3), for the words “fixed by the magistrates’ court, as

specified in a notice under a relevant transfer provision” there is

substituted “specified in a section 51D notice”,

              (c)             subsection (5) is omitted, and

              (d)             in the heading, for “Committal” there is substituted “Sending”.

5

          (3)      In section 77 (committal for trial: date of trial)—

              (a)             in subsection (1), for “committal for trial or the giving of a notice of

transfer under a relevant transfer provision” there is substituted

“being sent for trial”,

              (b)             in subsection (2), for “committed by a magistrates’ court or in respect

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of whom a notice of transfer under a relevant transfer provision has

been given” there is substituted “sent for trial”,

              (c)             in subsection (3), for “of committal for trial or of a notice of transfer”

there is substituted “when the defendant is sent for trial”,

              (d)             subsection (4) is omitted, and

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              (e)             in the heading, for “Committal” there is substituted “Sending”.

          (4)      In section 80 (process to compel appearance), in subsection (2), for

“committed” there is substituted “sent”.

          (5)      In section 81—

              (a)             in subsection (1)—

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                    (i)                   in paragraph (a)—

                           (a)                          the words “who has been committed in custody for

appearance before the Crown Court or in relation to

whose case a notice of transfer has been given under

a relevant transfer provision or” are omitted, and

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                           (b)                          after “51” there is inserted “or 51A”,

                    (ii)                  in paragraph (g), sub-paragraph (i) is omitted, and

              (b)             subsection (7) is omitted.

Police and Criminal Evidence Act 1984 (c. 60)

  37      (1)               The Police and Criminal Evidence Act 1984 is amended as follows.

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          (2)      In section 71 (microfilm copies), the paragraph beginning “Where the

proceedings” is omitted.

          (3)      In section 76 (confessions), subsection (9) is omitted.

          (4)      In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Prosecution of Offences Act 1985 (c. 23)

35

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

          (2)      In section 7A (powers of non-legal staff), for subsection (6) there is

substituted—

              “(6)                This section applies to an offence if it is triable only on indictment or

is an offence for which the accused has been sent for trial.”

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          (3)      In section 16 (defence costs)—

              (a)             in subsection (1), paragraph (b) is omitted, and

              (b)             in subsection (2)—

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    215

 

                    (i)                   in paragraph (a), for “committed” there is substituted “sent”,

and

                    (ii)                  paragraph (aa) is omitted, and

              (c)             subsection (12) is omitted.

          (4)      In section 22 (power of Secretary of State to set time limits in relation to

5

preliminary stages of criminal proceedings), in subsection (11)—

              (a)             in paragraph (a) of the definition of “appropriate court”, for

“committed for trial, sent for trial under section 51 of the Crime and

Disorder Act 1998” there is substituted “sent for trial”,

              (b)             for the definition of “custody of the Crown Court” there is

10

substituted—

                                      ““custody of the Crown Court” includes custody to which a

person is committed in pursuance of—

                           (a)                          section 43A of the Magistrates’ Courts Act 1980

(magistrates’ court dealing with a person brought

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before it following his arrest in pursuance of a

warrant issued by the Crown Court); or

                           (b)                          section 52 of the Crime and Disorder Act 1998

(provisions supplementing section 51);”.

          (5)               In section 23 (discontinuance of proceedings in magistrates’ court), in

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subsection (2), for paragraphs (a) to (c) there is substituted—

                    “(a)                      any stage of the proceedings after the court has begun to hear

evidence for the prosecution at a summary trial of the

offence; or

                    (b)                      any stage of the proceedings after the accused has been sent

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for trial for the offence.”

          (6)      In section 23A (discontinuance of proceedings after accused has been sent

for trial)—

              (a)             in paragraph (b) of subsection (1), the words from “under” to “1998”

are omitted, and

30

              (b)             in subsection (2), for “51(7)” there is substituted “51D(1)”.

Criminal Justice Act 1987 (c. 38)

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

          (2)               Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall

cease to have effect.

35

          (3)      In section 11 (restrictions on reporting)—

              (a)             in subsection (2), paragraph (a) is omitted,

              (b)             subsection (3) is omitted,

              (c)             in subsection (7), “(3),” is omitted,

              (d)             in subsection (8), “(3),” is omitted,

40

              (e)             subsections (9) and (10) are omitted,

              (f)             in subsection (11), paragraphs (a) and (d) are omitted.

Criminal Justice Act 1988 (c. 33)

  40      (1)      The Criminal Justice Act 1988 is amended as follows.

          (2)      In section 30 (expert reports), subsection (4A) is omitted.

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Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    216

 

          (3)      In section 40 (power to join in indictment count for common assault etc), in

subsection (1)—

              (a)             the words “were disclosed to a magistrates’ court inquiring into the

offence as examining justices or” are omitted,

              (b)             after “51” there is inserted “or 51A”.

5

          (4)      Section 41 (power of Crown Court to deal with summary offence where

person committed for either way offence) shall cease to have effect.

Criminal Justice Act 1991 (c. 53)

  41      (1)      The Criminal Justice Act 1991 is amended as follows.

          (2)               Section 53 (notices of transfer in certain cases involving children) shall cease

10

to have effect.

          (3)               Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease

to have effect.

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

  42      (1)      The Criminal Justice and Public Order Act 1994 is amended as follows.

15

          (2)      In section 34 (effect of accused’s failure to mention facts when questioned or

charged), in subsection (2)—

              (a)             paragraph (a) is omitted, and

              (b)             in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

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          (3)      In section 36 (effect of accused’s failure or refusal to account for objects,

substances or marks), in subsection (2)—

              (a)             paragraph (a) is omitted, and

              (b)             in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

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          (4)      In section 37 (effect of accused’s failure or refusal to account for presence at

a particular place), in subsection (2)—

              (a)             paragraph (a) is omitted, and

              (b)             in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted

“paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998”.

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Criminal Procedure and Investigations Act 1996 (c. 25)

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

          (2)      In section 1 (application of this Part), in subsection (2)—

              (a)             paragraphs (a) to (c) are omitted, and

              (b)             in paragraph (cc), the words from “under” to the end are omitted.

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          (3)      In section 5 (compulsory disclosure by accused)—

              (a)             in subsection (1), for “(2) to” there is substituted “(3A) and”,

              (b)             subsections (2) and (3) are omitted, and

              (c)             in subsection (3A), in paragraph (b), for “subsection (7) of section 51”

there is substituted “subsection (1) of section 51D”.

40

          (4)      In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c)

of the modified section 3(8) are omitted.

 

 

Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — minor and consequential amendments

    217

 

          (5)      In section 28 (introduction to Part 3), in subsection (1)—

              (a)             for paragraph (a) there is substituted—

                           “(a)                             on or after the appointed day the accused is sent for

trial for the offence concerned,”, and

              (b)             paragraph (b) is omitted.

5

          (6)               In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph

(a) there is substituted—

                    “(a)                      after the accused has been sent for trial for the offence, and”.

          (7)               Section 68 (use of written statements and depositions at trial) and          Schedule

2 (statements and depositions) shall cease to have effect.

10

Crime and Disorder Act 1998 (c. 37)

  44                The Crime and Disorder Act 1998 is amended as follows.

  45                In section 52 (provisions supplementing section 51)—

              (a)             in subsection (1), after “51” there is inserted “or 51A”,

              (b)             in subsection (5), after “51” there is inserted “or 51A”,

15

              (c)             in subsection (6), after “51” there is inserted “or 51A”, and

              (d)             in the heading, after “51” there is inserted “and 51A”.

  46                In section 121 (short title, commencement and extent), in subsection (8),

before “paragraphs 7(1)” there is inserted “paragraph 3 of Schedule 3 to this

Act, section 52(6) above so far as relating to that paragraph,”.

20

  47                In paragraph 3 of Schedule 3 (reporting restrictions)—

              (a)             in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great

Britain” there is substituted “the United Kingdom”,

              (b)             in sub-paragraph (8), after paragraph (b) there is inserted—

                             “(bb)                               where the application made by the accused under

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paragraph 2(1) above relates to a charge for an

offence in respect of which notice has been given to

the court under section 51B of this Act, any relevant

business information;”,

              (c)             after sub-paragraph (9) there is inserted—

30

                 “(9A)                                                                                                The following is relevant business information for the

purposes of sub-paragraph (8) above—

                             (a)                            any address used by the accused for carrying on a

business on his own account;

                             (b)                            the name of any business which he was carrying on

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on his own account at any relevant time;

                             (c)                            the name of any firm in which he was a partner at

any relevant time or by which he was engaged at

any such time;

                             (d)                            the address of any such firm;

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                             (e)                            the name of any company of which he was a

director at any relevant time or by which he was

otherwise engaged at any such time;

                             (f)                            the address of the registered or principal office of

any such company;

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