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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

168

 

276     

Interpretation of Part 11

(1)   

In this Part, except where the contrary intention appears—

   

“accredited programme” has the meaning given by section 174(2);

   

“activity requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

5

meaning given by section 173;

   

“alcohol treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 184;

   

“the appropriate officer of the court” means, in relation to a magistrates’

10

court, the clerk of the court;

   

“associated”, in relation to offences, is to be read in accordance with

section 161(1) of the Sentencing Act;

   

“attendance centre” has the meaning given by section 193(2);

   

“attendance centre requirement”, in relation to a community order,

15

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 186;

   

“community order” has the meaning given by section 149(1);

   

“community requirement”, in relation to a suspended sentence order, has

the meaning given by section 161(7);

20

   

“community sentence” has the meaning given by section 119(1);

   

“court” (without more), except in Chapter 7, does not include a service

court;

   

“curfew requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

25

meaning given by section 176;

   

“custodial sentence” has the meaning given by section 76 of the

Sentencing Act;

   

“custody plus order” has the meaning given by section 153(4);

   

“default order” has the meaning given by section 271(3);

30

   

“drug rehabilitation requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 181;

   

“electronic monitoring requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

35

order, has the meaning given by section 187;

   

“exclusion requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 177;

   

“guardian” has the same meaning as in the Children and Young Persons

40

Act 1933 (c. 12);

   

“intermittent custody order” has the meaning given by section 155(2);

   

“licence” means a licence under Chapter 6;

   

“local probation board” means a local probation board established under

section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

45

   

“mental health treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 179;

   

“pre-sentence report” has the meaning given by section 130(1);

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 9 — Supplementary

169

 

   

“programme requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 174;

   

“prohibited activity requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

5

order, has the meaning given by section 175;

   

“residence requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 178;

   

“responsible officer”, in relation to an offender to whom a community

10

order, a custody plus order, an intermittent custody order or a

suspended sentence order relates, has the meaning given by section

169;

   

“sentence of imprisonment” does not include a committal—

(a)   

in default of payment of any sum of money,

15

(b)   

for want of sufficient distress to satisfy any sum of money, or

(c)   

for failure to do or abstain from doing anything required to be

done or left undone,

   

and references to sentencing an offender to imprisonment are to be read

accordingly;

20

   

“the Sentencing Act” means the Powers of Criminal Courts (Sentencing)

Act 2000 (c. 6);

   

“service court” means—

(a)   

a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

25

the Naval Discipline Act 1957 (c. 53);

(b)   

a summary appeal court constituted under section 83ZA of the

Army Act 1955, section 83ZA of the Air Force Act 1955 or

section 52FF of the Naval Discipline Act 1957;

(c)   

the Courts-Martial Appeal Court; or

30

(d)   

a Standing Civilian Court;

   

“service disciplinary proceedings” means—

(a)   

any proceedings under the Army Act 1955, the Air Force Act

1955 or the Naval Discipline Act 1957 (whether before a court-

martial or any other court or person authorised under any of

35

those Acts to award a punishment in respect of any offence),

and

(b)   

any proceedings before a Standing Civilian Court;

   

“supervision requirement”, in relation to a community order, custody

plus order, intermittent custody order or suspended sentence order,

40

has the meaning given by section 185;

   

“suspended sentence” and “suspended sentence order” have the meaning

given by section 161(7);

   

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

plus order, intermittent custody order or suspended sentence order,

45

has the meaning given by section 171;

   

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

Crime and Disorder Act 1998 (c. 37).

(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

50

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

170

 

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

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

Act on the imprisonment of young offenders.

5

(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

court is not of the opinion there mentioned,

(b)   

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

10

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 197 or 199 if, because the

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,

15

(d)   

a sentence falls to be imposed under section 198 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,

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

(e)   

a sentence falls to be imposed under section 200 if, because the court is

20

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.

277     

Duty of probation officers to consult with magistrates

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

(a)   

to establish consultation arrangements with local magistrates’ courts

25

committees and local communities,

(b)   

to assist the probation service in the performance of its duties of

reducing offending, and

(c)   

to supervise offenders in the community.

Part 12

30

Miscellaneous

Detention of suspected terrorists

278     

Limit on period of detention without charge of suspected terrorists

(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)

35

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

(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”.

40

(4)   

After that sub-paragraph there is inserted—

“(3A)      

Where the period specified in a warrant of further detention—

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

171

 

(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,

           

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

5

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—

(a)   

the time of his arrest under section 41, or

10

(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

279     

Enforcement of regulations implementing Community legislation on

15

endangered species

(1)   

In this section—

   

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

   

“relevant Community instrument” means—

(a)   

Council Regulation 338/97/EC on the protection of species of

20

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

implementing any relevant Community instrument may, notwithstanding

25

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

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

30

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—

(a)   

who has committed or attempted to commit an offence under

35

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.

(5)   

Until the coming into force of paragraph 3 of Schedule 26 (which amends

40

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

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

45

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

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

172

 

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—

(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

5

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

(with or without amendment).

Miscellaneous provisions about criminal proceedings

280     

Non-appearance of defendant: plea of guilty

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

10

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

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

281     

Preparatory hearings for serious offences not involving fraud

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

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

15

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

case of such seriousness”.

282     

Preparatory hearings to deal with severance and joinder of charges

(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

20

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

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

(d)   

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

25

(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)

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

there is inserted—

30

“(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

paragraph (b) there is inserted—

“(c)   

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

35

283     

Reporting restrictions for preparatory hearings

(1)   

The Criminal Justice Act 1987 (c. 38) 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”.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

173

 

(3)   

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

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.”

5

(4)   

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

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”.

10

(7)   

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

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.”

15

(8)   

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

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.

20

284     

Awards of costs

(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 may be met out of central funds) after “1987” there is inserted

“or section 35(1) of the Criminal Procedure and Investigations Act 1996”.

25

(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.”

30

285     

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

35

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”.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

174

 

(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—

5

“(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—

10

“(5)   

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

if leave to appeal is granted.”

286     

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

15

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—

20

(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

25

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

30

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.”

287     

Appeals following reference by Criminal Cases Review Commission

35

(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

40

 

 

 
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