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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

215

 

(d)   

the address of any such firm;

(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

5

company;

(g)   

any working address of the accused in his capacity as a

person engaged by any such company;

   

and here “engaged” means engaged under a contract of service or a

contract for services.

10

(10)   

Subsection (1) above shall be in addition to, and not in derogation

from, the provisions of any other enactment with respect to the

publication of reports of court proceedings.

(11)   

In this section—

   

“allocation or sending proceedings” means, in relation to an

15

information charging an indictable offence—

(a)   

any proceedings in the magistrates’ court at which

matters are considered under any of the following

provisions—

(i)   

sections 19 to 23 of the 1980 Act;

20

(ii)   

section 51, 51A or 52 above;

(b)   

any proceedings in the magistrates’ court before the

court proceeds to consider any matter mentioned in

paragraph (a) above; and

(c)   

any proceedings in the magistrates’ court at which an

25

application under section 25(2) of the 1980 Act is

considered;

   

“publish”, in relation to a report, means publish the report,

either by itself or as part of a newspaper or periodical, for

distribution to the public;

30

   

“relevant programme” means a programme included in a

programme service (within the meaning of the Broadcasting

Act 1990);

   

“relevant time” means a time when events giving rise to the

charges to which the proceedings relate occurred.

35

52B     

Offences in connection with reporting

(1)   

If a report is published or included in a relevant programme in

contravention of section 52A above, each of the following persons is

guilty of an offence—

(a)   

in the case of a publication of a written report as part of a

40

newspaper or periodical, any proprietor, editor or publisher

of the newspaper or periodical;

(b)   

in the case of a publication of a written report otherwise than

as part of a newspaper or periodical, the person who

publishes it;

45

(c)   

in the case of the inclusion of a report in a relevant

programme, any body corporate which is engaged in

providing the service in which the programme is included

and any person having functions in relation to the

 

 

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

216

 

programme corresponding to those of the editor of a

newspaper.

(2)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(3)   

Proceedings for an offence under this section shall not, in England

5

and Wales, be instituted otherwise than by or with the consent of the

Attorney General.

(4)   

Proceedings for an offence under this section shall not, in Northern

Ireland, be instituted otherwise than by or with the consent of the

Attorney General for Northern Ireland.

10

(5)   

Subsection (11) of section 52A above applies for the purposes of this

section as it applies for the purposes of that section.”.

      (2)  

In section 121 (short title, commencement and extent)—

(a)   

in subsection (6), after paragraph (b) there is inserted—

“(bb)   

sections 52A and 52B;”, and

15

(b)   

in subsection (8), after “(5) above,” there is inserted “sections 52A and

52B above,”.

20    (1)  

Schedule 3 (procedure where persons are sent for trial under section 51 of

the Crime and Disorder Act 1998) is amended as follows.

      (2)  

In paragraph 1(1)—

20

(a)   

after “51” there is inserted “or 51A”, and

(b)   

in paragraph (b), for “subsection (7) of that section” there is

substituted “section 51D(1) of this Act”.

      (3)  

In paragraph 2—

(a)   

in sub-paragraph (1)—

25

(i)   

after “51” there is inserted “or 51A”, and

(ii)   

for “subsection (7) of that section” there is substituted

“section 51D(1) of this Act”, and

(b)   

sub-paragraphs (4) and (5) are omitted.

      (4)  

In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “or 51A”.

30

      (5)  

In paragraph 5, in sub-paragraph (2), after “51” there is inserted “or 51A”.

      (6)  

Paragraph 6 is amended as follows—

(a)   

in sub-paragraph (1), after “51” there is inserted “or 51A”,

(b)   

in sub-paragraph (2), for the words from the second “offence” to the

end there is substituted “indictable offence for which he was sent for

35

trial or, as the case may be, any of the indictable offences for which

he was so sent”, and

(c)   

in sub-paragraph (9), for “indictable-only” there is substituted

“indictable”.

      (7)  

In paragraph 7—

40

(a)   

in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

(b)   

in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence”,

(c)   

in sub-paragraph (3), after “each” there is inserted “remaining”,

 

 

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

217

 

(d)   

in sub-paragraph (7), for “consider” there is substituted “decide”,

and

(e)   

after sub-paragraph (8) there is inserted—

“(9)       

In this paragraph, a “main offence” is—

(a)   

an offence for which the person has been sent to the

5

Crown Court for trial under section 51(1) of this

Act; or

(b)   

an offence—

(i)   

for which the person has been sent to the

Crown Court for trial under subsection (5)

10

of section 51 or subsection (6) of section 51A

of this Act (“the applicable subsection”);

and

(ii)   

in respect of which the conditions for

sending him to the Crown Court for trial

15

under the applicable subsection (as set out

in paragraphs (a) to (c) of section 51(5) or

paragraphs (a) and (b) of section 51A(6))

continue to be satisfied.”

      (8)  

In paragraph 8—

20

(a)   

in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

(b)   

in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence (within the meaning

of paragraph 7 above)”,

(c)   

in sub-paragraph (2)(a), after “each” there is inserted “remaining”,

25

and

(d)   

in sub-paragraph (2)(d), for “consider” there is substituted “decide”.

      (9)  

In paragraph 9—

(a)   

in sub-paragraph (1), for “consider” there is substituted “decide”,

and

30

(b)   

for sub-paragraphs (2) and (3), there is substituted—

“(2)       

Before deciding the question, the court—

(a)   

shall give the prosecution an opportunity to inform

the court of the accused’s previous convictions (if

any); and

35

(b)   

shall give the prosecution and the accused an

opportunity to make representations as to whether

summary trial or trial on indictment would be

more suitable.

(3)        

In deciding the question, the court shall consider—

40

(a)   

whether the sentence which a magistrates’ court

would have power to impose for the offence would

be adequate; and

(b)   

any representations made by the prosecution or the

accused under sub-paragraph (2)(b) above,

45

           

and shall have regard to any allocation guidelines (or

revised allocation guidelines) issued as definitive

guidelines under section 142 of the Criminal Justice Act

2003.

 

 

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

218

 

(4)        

Where—

(a)   

the accused is charged on the same occasion with

two or more offences; and

(b)   

it appears to the court that they constitute or form

part of a series of two or more offences of the same

5

or a similar character;

           

sub-paragraph (3)(a) above shall have effect as if references

to the sentence which a magistrates’ court would have

power to impose for the offence were a reference to the

maximum aggregate sentence which a magistrates’ court

10

would have power to impose for all of the offences taken

together.

(5)        

In this paragraph any reference to a previous conviction is

a reference to—

(a)   

a previous conviction by a court in the United

15

Kingdom, or

(b)   

a previous finding of guilt in—

(i)   

any proceedings under the Army Act 1955,

the Air Force Act 1955 or the Naval

Discipline Act 1957 (whether before a court-

20

martial or any other court or person

authorised under any of those Acts to

award a punishment in respect of any

offence), or

(ii)   

any proceedings before a Standing Civilian

25

Court.”

     (10)  

In paragraph 10—

(a)   

for sub-paragraph (2), there is substituted—

“(2)       

The court shall explain to the accused in ordinary

language—

30

(a)   

that it appears to the court more suitable for him to

be tried summarily for the offence;

(b)   

that he can either consent to be so tried or, if he

wishes, be tried on indictment; and

(c)   

in the case of a specified offence (within the

35

meaning of section 196 of the Criminal Justice Act

2003), that if he is tried summarily and is convicted

by the court, he may be committed for sentence to

the Crown Court under section 3A of the Powers of

Criminal Courts (Sentencing) Act 2000 if the

40

committing court is of such opinion as is

mentioned in subsection (2) of that section.”, and

(b)   

in sub-paragraph (3), for “by a jury” there is substituted “on

indictment”.

     (11)  

In paragraph 11, in sub-paragraph (a), for “by a jury” there is substituted “on

45

indictment”.

     (12)  

Paragraph 12 shall cease to have effect.

     (13)  

In paragraph 13—

(a)   

in sub-paragraph (1)(a), after “51” there is inserted “or 51A”,

 

 

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

219

 

(b)   

in sub-paragraph (1)(b), for “offence that is triable only on

indictment” there is substituted “main offence”,

(c)   

in sub-paragraph (2), the words from “unless” to the end are omitted,

and

(d)   

for sub-paragraph (3) there is substituted—

5

“(3)       

In this paragraph, a “main offence” is—

(a)   

an offence for which the child or young person has

been sent to the Crown Court for trial under section

51A(2) of this Act; or

(b)   

an offence—

10

(i)   

for which the child or young person has

been sent to the Crown Court for trial under

subsection (7) of section 51 of this Act; and

(ii)   

in respect of which the conditions for

sending him to the Crown Court for trial

15

under that subsection (as set out in

paragraphs (a) and (b) of that subsection)

continue to be satisfied.”

     (14)  

In paragraph 15, in each of sub-paragraphs (3) and (4), for “considered”

there is substituted “decided”.

20

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

21         

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

22         

For section 3 (committal for sentence on summary trial of offence triable

either way) there is substituted—

“3      

Committal for sentence on indication of guilty plea to serious offence

25

triable either way

(1)   

Subject to subsection (4) below, this section applies where—

(a)   

a person aged 18 or over appears or is brought before a

magistrates’ court (“the court”) on an information charging

him with an offence triable either way (“the offence”);

30

(b)   

he or his representative indicates under section 17A or (as the

case may be) 17B of the Magistrates’ Courts Act 1980 (initial

procedure: accused to indicate intention as to plea), but not

section 20(7) of that Act, that he would plead guilty if the

offence were to proceed to trial; and

35

(c)   

proceeding as if section 9(1) of that Act were complied with

and he pleaded guilty under it, the court convicts him of the

offence.

(2)   

If the court is of the opinion that—

(a)   

the offence; or

40

(b)   

the combination of the offence and one or more offences

associated with it,

   

was so serious that the Crown Court should, in the court’s opinion,

have the power to deal with the offender in any way it could deal

with him if he had been convicted on indictment, the court may

45

commit him in custody or on bail to the Crown Court for sentence in

accordance with section 5(1) below.

 

 

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

220

 

(3)   

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

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.

5

(4)   

This section does not apply in relation to an offence as regards which

this section is excluded by section 17D of the Magistrates’ Courts Act

1980 (certain offences where value involved is small).

(5)   

The preceding provisions of this section shall apply in relation to a

corporation as if—

10

(a)   

the corporation were an individual aged 18 or over; and

(b)   

in subsection (2) above, the words “in custody or on bail”

were omitted.”

23         

After section 3 there is inserted—

“3A     

Committal for sentence of dangerous adult offenders  

15

(1)   

This section applies where on the summary trial of a specified

offence triable either way a person aged 18 or over is convicted of the

offence.

(2)   

If, in relation to the offence, it appears to the court that the criteria for

the imposition of a sentence under section 197(3) or 199(2) of the

20

Criminal Justice Act 2003 would be met, the court must commit the

offender in custody or on bail to the Crown Court for sentence in

accordance with section 5(1) below.

(3)   

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

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

25

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.

(4)   

In reaching any decision under or taking any step contemplated by

this section—

30

(a)   

the court shall not be bound by any indication of sentence

given in respect of the offence under section 20 of the

Magistrates’ Courts Act 1980 (procedure where summary

trial appears more suitable); and

(b)   

nothing the court does under this section may be challenged

35

or be the subject of any appeal in any court on the ground that

it is not consistent with an indication of sentence.

(5)   

Nothing in this section shall prevent the court from committing a

specified offence to the Crown Court for sentence under section 3

above if the provisions of that section are satisfied.

40

(6)   

In this section, references to a specified offence are to a specified

offence within the meaning of section 196 of the Criminal Justice Act

2003.

 

 

 
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