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Criminal Justice Bill


Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 5 — Evidence

414

 

      (4)  

After paragraph 15 there is inserted—

“15A       

In section 39(4) for “(3)” substitute “(3)(b)”.”

Crime and Disorder Act 1998 (c. 37)

73         

In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998

(applications for dismissal) for “a jury properly to convict him” there is

5

substituted “him to be properly convicted”.

Youth Justice and Criminal Evidence Act 2001 (c. 24)

74         

The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

75         

In section 32 (warning to jury) after “indictment” there is inserted “with a

jury”.

10

76         

In section 39(1) (warning to jury) after “indictment” there is inserted “with a

jury”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

77         

In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security

Act 2001 (general interpretation) after “finding” there is inserted “otherwise

15

than in circumstances where the proceedings are continued without a jury”.

Proceeds of Crime Act 2002 (c. 29)

78         

In section 316(9)(c) of the Proceeds of Crime Act 2002 (general

interpretation) after “finding” there is inserted “otherwise than in

circumstances where the proceedings are continued without a jury”.

20

Part 5

Evidence

Criminal Procedure Act 1865 (c. 18)

79         

In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for

offence may be proved if not admitted)—

25

(a)   

for “A witness may be” there is substituted “If, upon a witness being

lawfully”;

(b)   

the words “and upon being so questioned, if” are omitted.

Criminal Evidence Act 1898 (c. 36)

80         

In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—

30

(a)   

at the beginning of subsection (2) there is inserted “Subject to section

84 of the Criminal Justice Act 2003 (admissibility of evidence of

defendant’s bad character),”;

(b)   

subsection (3) is omitted.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 6 — Miscellaneous

415

 

Army Act 1955 (c. 18)

81         

In section 99(1) of the Army Act 1955 (rules of evidence) after “courts-martial

etc)” there is inserted “to Schedules 5 and 6 to the Criminal Justice Act 2003”.

Air Force Act 1955 (c. 19)

82         

In section 99(1) of the Air Force Act 1955 (rules of evidence) after “courts-

5

martial etc)” there is inserted “to Schedules 5 and 6 to the Criminal Justice

Act 2003”.

Naval Discipline Act 1957 (c. 53)

83         

In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after

“courts-martial etc)” there is inserted “to Schedules 5 and 6 to the Criminal

10

Justice Act 2003”.

Armed Forces Act 1976 (c. 52)

84         

In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of

evidence) after “paragraph 12 below” there is inserted “to Schedules 5 and 6

to the Criminal Justice Act 2003”.

15

Police and Criminal Evidence Act 1984 (c. 60)

85    (1)  

Section 74 of the Police and Criminal Evidence Act 1984 (conviction as

evidence of commission of offence) is amended as follows.

      (2)  

In subsection (1) (commission of offence by non-defendant) for the words

from “, where to do so” to “committed that offence” there is substituted “that

20

that person committed that offence, where evidence of his having done so is

admissible”.

      (3)  

In subsection (3) (commission of offence by defendant)” the words from “in

so far” to “he is charged,” are omitted.

Part 6

25

Miscellaneous

Criminal Appeal Act 1968 (c. 19)

86         

The Criminal Appeal Act 1968 is amended as follows.

87         

In section 31(1) (powers of Court of Appeal exercisable by single judge) after

paragraph (a) there is inserted—

30

“(aa)   

the power to give leave under section 14(4B) of the Criminal

Appeal Act 1995;”.

88         

In section 31A (powers of Court of Appeal exercisable by registrar) after

subsection (4) there is inserted—

“(5)   

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

35

respondent if leave to appeal is granted.”

89         

In section 45 (construction of references to Court of Appeal)—

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 6 — Miscellaneous

416

 

(a)   

in subsection (1), for “section 44A” there is substituted “sections 44A

and 51”,

(b)   

in subsection (2) after “sections” there is inserted “23A,”.

90    (1)  

Section 51 (interpretation) is amended as follows.

      (2)  

In subsection (1) the definition of “the defendant” is omitted.

5

      (3)  

After that subsection there is inserted—

“(1A)   

In Part 2 of this Act “the defendant”—

(a)   

in relation to an appeal under section 33(1) of this Act against

a decision of the Court of Appeal on an appeal under Part 1

of this Act, means the person who was the appellant before

10

the Court of Appeal,

(b)   

in relation to an appeal under section 33(1) of this Act against

any other decision, means a defendant in the proceedings

before the Crown Court who was a party to the proceedings

before the Court of Appeal, and

15

(c)   

in relation to an appeal under section 33(1B) of this Act, shall

be construed in accordance with section 33(4) of this Act;

   

and, subject to section 33(1A) of this Act, “prosecutor” shall be

construed accordingly.”

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

20

91         

The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

92    (1)  

Section 19 (legal aid) is amended as follows.

      (2)  

In subsection (1) after “an appeal” there is inserted “under this Part of this

Act”.

      (3)  

In subsection (1A) for “for the purpose” there is substituted “in respect”.

25

      (4)  

In subsection (1A)(a)—

(a)   

the words “application for leave to” are omitted, and

(b)   

after “hearings)” there is inserted “or section 46 of the Criminal

Justice Act 2003”.

      (5)  

For subsection (1A)(b) there is substituted—

30

“(b)   

any other appeal to the Court of Appeal under any Northern

Ireland legislation (whenever passed or made) from

proceedings before the Crown Court; or

(c)   

an application for leave to appeal in relation to an appeal

mentioned in paragraph (a) or (b) above.”

35

      (6)  

After subsection (1A) there is inserted—

“(1B)   

The Crown Court or the Court of Appeal may order that an acquitted

person shall be given legal aid in respect of an application made in

relation to him under section 64 of the Criminal Justice Act 2003.”

      (7)  

In subsection (3) for “an appellant” there is substituted “a person”.

40

93    (1)  

Section 28 (costs) is amended as follows.

      (2)  

In subsection (2)(a) for “this Part” there is substituted “section 19(1)”.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 6 — Miscellaneous

417

 

      (3)  

After subsection (2) there is inserted—

“(2AA)   

The expenses of any solicitor or counsel assigned to a person

pursuant to a grant of legal aid under section 19(1A) or (1B) of this

Act shall, up to an amount allowed by the Master (Taxing Office), be

defrayed by the Lord Chancellor.”

5

      (4)  

In subsection (2A) after “(2)(a)” there is inserted “or (2AA)”.

      (5)  

In subsection (2G)—

(a)   

after “(2)(a)” there is inserted “or (2AA)”, and

(b)   

for “subsection (2)” there is substituted “subsections (2) and (2AA)”.

94         

For section 31(3) (definition of defendant and prosecutor) there is

10

substituted—

“(3)   

In this Part of this Act “the defendant”—

(a)   

in relation to an appeal under subsection (1) above against a

decision of the Court on an appeal under Part 1 of this Act,

means the person who was the appellant before the Court;

15

(b)   

in relation to an appeal under subsection (1) above against

any other decision, means a defendant in the proceedings

before the Crown Court who was a party to the proceedings

before the Court;

(c)   

in relation to an appeal under subsection (1B) above, shall be

20

construed in accordance with subsection (4) below;

   

and, subject to subsection (1A) above, “prosecutor” shall be

construed accordingly.”

95         

In section 45 (powers of Court of Appeal exercisable by single judge) after

subsection (3B) there is inserted—

25

“(3C)   

Subject to section 44(4) above, the power of the Court of Appeal to

give leave under section 14(4B) of the Criminal Appeal Act 1995 may

be exercised by a single judge of the Court.”

Criminal Justice Act 1988 (c. 33)

96         

In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—

30

(a)   

in subsection (3), for “10” there is substituted “11”,

(b)   

in subsection (9)(b), for “10 and 35(1)” there is substituted “11 and

35(1)”.

Criminal Appeal Act 1995 (c. 35)

97         

In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by

35

Criminal Cases Review Commission for Court of Appeal) for “case”, in both

places where it occurs, there is substituted “appeal or application for leave

to appeal”.

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

98         

In section 159 of the Powers of Criminal Courts (Sentencing) Act 2000

40

(execution of process between England and Wales and Scotland), for

“paragraph 3(2) of Schedule 1” there is substituted “paragraph 3(2) or 9C(2)

of Schedule 1”.

 

 

 
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Revised 13 November 2003