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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Miscellaneous

182

 

(4)   

The responsible authority must pay to or in respect of the persons so appointed

such allowances as the Secretary of State may determine.

(5)   

As soon as practicable after the end of each period of 12 months beginning with

1 April, the responsible authority for each area must—

(a)   

prepare a report on the discharge by it during that period of the

5

functions conferred by section 297 and this section, and

(b)   

publish the report in that area.

(6)   

The report must include—

(a)   

details of the arrangements established by the responsible authority,

and

10

(b)   

information of such descriptions as the Secretary of State has notified to

the responsible authority that he wishes to be included in the report.

299     

Section 297: interpretation

(1)   

For the purposes of section 297, a person is a relevant sexual or violent offender

if he falls within one or more of subsections (2) to (5).

15

(2)   

A person falls within this subsection if he is subject to the notification

requirements of Part 2 of the Sexual Offences Act 2003.

(3)   

A person falls within this subsection if—

(a)   

he is convicted by a court in England or Wales of murder or an offence

specified in Schedule 14, and

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(b)   

one of the following sentences is imposed on him in respect of the

conviction—

(i)   

a sentence of imprisonment for a term of 12 months or more,

(ii)   

a sentence of detention in a young offender institution for a

term of 12 months or more,

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(iii)   

a sentence of detention during Her Majesty’s pleasure,

(iv)   

a sentence of detention for public protection under section 198,

(v)   

a sentence of detention for a period of 12 months or more under

section 91 of the Sentencing Act (offenders under 18 convicted

of certain serious offences),

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(vi)   

a sentence of detention under section 200,

(vii)   

a detention and training order for a term of 12 months or more,

or

(viii)   

a hospital or guardianship order within the meaning of the

Mental Health Act 1983 (c. 20).

35

(4)   

A person falls within this subsection if—

(a)   

he is found not guilty by a court in England and Wales of murder or an

offence specified in Schedule 14 by reason of insanity or to be under

such a disability and to have done the act charged against him in

respect of such an offence, and

40

(b)   

one of the following orders is made in respect of the act charged against

him as the offence—

(i)   

an order that he be admitted to hospital, or

(ii)   

a guardianship order within the meaning of the Mental Health

Act 1983.

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Criminal Justice Bill
Part 12 — Miscellaneous

183

 

(5)   

A person falls within this subsection if the first condition set out in section 28(2)

or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second

condition set out in section 28(3) or 29(3) of that Act is satisfied in his case.

(6)   

In this section “court” does not include a service court, as defined by section

276(1).

5

Criminal record certificates

300     

Criminal record certificates: amendments of Part 5 of Police Act 1997

Schedule 33 (which contains amendments of Part 5 of the Police Act 1997

(c. 50)) shall have effect.

Civil proceedings brought by offenders

10

301     

Civil proceedings for trespass to the person brought by offender

(1)   

This section applies where—

(a)   

a person (“the claimant”) claims that another person (“the defendant”)

did an act amounting to trespass to the claimant’s person, and

(b)   

the claimant has been convicted of an imprisonable offence committed

15

on the same occasion as that on which the act is alleged to have been

done.

(2)   

Civil proceedings relating to the claim may be brought only with the

permission of the court.

(3)   

The court may give permission for the proceedings to be brought only if there

20

is evidence that either—

(a)   

the condition in subsection (5) is not met, or

(b)   

in all the circumstances, the defendant’s act was grossly

disproportionate.

(4)   

If the court gives permission and the proceedings are brought, it is a defence

25

for the defendant to prove both—

(a)   

that the condition in subsection (5) is met, and

(b)   

that, in all the circumstances, his act was not grossly disproportionate.

(5)   

The condition referred to in subsection (3)(a) and (4)(a) is that the defendant

did the act only because—

30

(a)   

he believed that the claimant—

(i)   

was about to commit an offence,

(ii)   

was in the course of committing an offence, or

(iii)   

had committed an offence immediately beforehand; and

(b)   

he believed that the act was necessary to—

35

(i)   

defend himself or another person,

(ii)   

protect or recover property,

(iii)   

prevent the commission or continuation of an offence, or

(iv)   

apprehend, or secure the conviction, of the claimant after he had

committed an offence;

40

   

or was necessary to assist in achieving any of those things.

 

 

Criminal Justice Bill
Part 13 — General

184

 

(6)   

Subsection (4) is without prejudice to any other defence.

(7)   

In this section—

(a)   

the reference to trespass to the person is a reference to—

(i)   

assault,

(ii)   

battery, or

5

(iii)   

false imprisonment;

(b)   

references to a defendant’s belief are to his honest belief, whether or not

the belief was also reasonable;

(c)   

“court” means the High Court or a county court; and

(d)   

“imprisonable offence” means an offence which, in the case of a person

10

aged 18 or over, is punishable by imprisonment.

Part 13

General

302     

Orders and rules

(1)   

This section applies to—

15

(a)   

any power conferred by this Act on the Secretary of State to make an

order or rules,

(b)   

the power conferred by section 140 on the Lord Chancellor to make an

order.

(2)   

The power, unless it is a power to make rules under section 211(5), is

20

exercisable by statutory instrument.

(3)   

The power—

(a)   

may be exercised so as to make different provision for different

purposes or different areas, and

(b)   

may be exercised either for all the purposes to which the power

25

extends, or for those purposes subject to specified exceptions, or only

for specified purposes.

(4)   

The power includes power to make—

(a)   

any supplementary, incidental or consequential provision, and

(b)   

any transitory, transitional or saving provision,

30

   

which the Minister making the instrument considers necessary or expedient.

(5)   

A statutory instrument containing—

(a)   

an order under any of the following provisions—

   

section 25(5),

   

section 86,

35

   

section 133(7),

   

section 150,

   

section 169(3),

   

section 195,

   

section 218(5),

40

   

section 232,

   

section 239,

   

section 241(6),

 

 

Criminal Justice Bill
Part 13 — General

185

 

   

section 253(2),

   

section 255(1),

   

section 263,

   

section 272(5),

   

section 297(7), and

5

   

paragraph 5 of Schedule 29,

(b)   

an order making any provision by virtue of section 305(2)(b) which

adds to, replaces or omits any part of the text of an Act, or

(c)   

rules under section 212(4)(a),

   

may only be made if a draft of the statutory instrument has been laid before,

10

and approved by a resolution of, each House of Parliament.

(6)   

Any other statutory instrument made in the exercise of a power to which this

section applies is subject to annulment in pursuance of a resolution of either

House of Parliament.

(7)   

Subsection (6) does not apply to a statutory instrument containing only an

15

order made under one or more of the following provisions—

   

section 174(3)(b),

   

section 187(3),

   

section 225(5),

   

section 297(6)(i), and

20

   

section 308.

303     

Further minor and consequential amendments

Schedule 34 (further minor and consequential amendments) shall have effect.

304     

Repeals

Schedule 35 (repeals) shall have effect.

25

305     

Supplementary and consequential provision, etc.

(1)   

The Secretary of State may by order make—

(a)   

any supplementary, incidental or consequential provision, and

(b)   

any transitory, transitional or saving provision,

   

which he considers necessary or expedient for the purposes of, in consequence

30

of, or for giving full effect to any provision of this Act.

(2)   

An order under subsection (1) may, in particular—

(a)   

provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

other provision has come into force, with such modifications as are

35

specified in the order, and

(b)   

amend or repeal—

(i)   

any Act passed before, or in the same Session as, this Act, and

(ii)   

subordinate legislation made before the passing of this Act.

(3)   

Nothing in this section limits the power by virtue of section 302(4)(b) to include

40

transitional or saving provision in an order under section 308.

 

 

Criminal Justice Bill
Part 13 — General

186

 

(4)   

The amendments that may be made under subsection (2)(b) are in addition to

those made by or under any other provision of this Act.

(5)   

In this section “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

(6)   

Schedule 36 (which contains transitory and transitional provisions and

5

savings) shall have effect.

306     

Provision for Northern Ireland

(1)   

An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47)

(provision dealing with certain reserved matters) which contains a statement

that it is made only for purposes corresponding to those of any provisions of

10

this Act specified in subsection (2)—

(a)   

shall not be subject to subsections (3) to (9) of that section (affirmative

resolution of both Houses of Parliament), but

(b)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

15

(2)   

The provisions are—

(a)   

in Part 1, sections 1, 3(3), 4, 6 to 9 and 12 and paragraphs 1, 2, 5 to 10 and

20 of Schedule 1, and

(b)   

Parts 7, 8 and 10.

(3)   

In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is

20

in force (suspension of devolved government in Northern Ireland)—

(a)   

the reference in subsection (1) above to section 85 of the Northern

Ireland Act 1998 shall be read as a reference to paragraph 1 of the

Schedule to the Northern Ireland Act 2000 (legislation by Order in

Council during suspension), and

25

(b)   

the reference in subsection (1)(a) above to subsections (3) to (9) of that

section shall be read as a reference to paragraph 2 of that Schedule.

(4)   

The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26)

(transfer of certain functions to Director of Public Prosecutions for Northern

Ireland) to any function of the Attorney General for Northern Ireland of

30

consenting to the institution of criminal proceedings includes any such

function which is conferred by an amendment made by this Act.

(5)   

Any reference to any provision of the Criminal Appeal (Northern Ireland) Act

1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435

(N.I. 10)) is to be read as a reference to that provision as amended by this Act.

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307     

Expenses

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown by virtue of this

Act, and

(b)   

any increase attributable to this Act in the sums payable out of money

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so provided under any other enactment.

 

 

 
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Revised 13 November 2003