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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 5 — Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003

188

 

Part 3

Offences under the law of Northern Ireland

36         

Murder.

37         

Manslaughter.

38         

Rape.

5

39         

An offence under section 4 of the Offences against the Person Act

1861 (c. 100) (soliciting murder).

40         

An offence under section 18 of that Act (wounding with intent to

cause grievous bodily harm).

41         

An offence under section 4 of the Criminal Law Amendment Act

10

1885 (c. 69) (intercourse with a girl under 14).

42         

An offence of robbery under section 8 of the Theft Act (Northern

Ireland) 1969 (c. 16) where, at some time during the commission of

the offence, the offender had in his possession a firearm or an

imitation firearm within the meaning of the Firearms (Northern

15

Ireland) Order 1981.

43         

An offence under Article 17 of the Firearms (Northern Ireland)

Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with

intent to endanger life).

44         

An offence under Article 18(1) of that Order (use of a firearm to

20

resist arrest).

45         

An offence under Article 19 of that Order (carrying a firearm with

criminal intent).

46         

An offence under Article 58 of the Firearms (Northern Ireland)

Order 2004 (S.I. 2004/702 (N.I.3)) (possession of firearm with

25

intent to endanger life).

47         

An offence under Article 59 of that Order (use of a firearm to resist

arrest).

48         

An offence under Article 60 of that Order (carrying a firearm with

criminal intent).

30

49         

An offence under section 47 of the Sexual Offences Act 2003

(paying for sexual services of a child) if the offender was liable on

conviction on indictment to imprisonment for life.

50    (1)  

An attempt to commit an offence specified in the preceding

paragraphs of this Part of this Schedule (“a listed offence”).

35

      (2)  

Conspiracy to commit a listed offence.

      (3)  

Incitement to commit a listed offence.

      (4)  

An offence under Part 2 of the Serious Crime Act 2007 in relation

to which a listed offence is the offence (or one of the offences)

which the person intended or believed would be committed.

40

 

 

Criminal Justice and Immigration Bill
Schedule 6 — Credit for period of remand on bail: transitional provisions

189

 

      (5)  

Aiding, abetting, counselling or procuring the commission of a

listed offence.

Part 4

Offences under service law

51         

An offence under section 70 of the Army Act 1955, section 70 of the

5

Air Force Act 1955 or section 42 of the Naval Discipline Act 1957

as respects which the corresponding civil offence (within the

meaning of the Act in question) is an offence specified in Part 1 of

this Schedule.

52    (1)  

An offence under section 42 of the Armed Forces Act 2006 as

10

respects which the corresponding offence under the law of

England and Wales (within the meaning given by that section) is

an offence specified in Part 1 of this Schedule.

      (2)  

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.)

applies for the purposes of this paragraph as if the reference in

15

subsection (3)(b) of that section to any of the following provisions

of that Act were a reference to this paragraph.

Part 5

Interpretation

53         

In this Schedule, “imprisonment for life” includes custody for life

20

and detention for life.”

Schedule 6

Section 22

 

Credit for period of remand on bail: transitional provisions

1          

A period specified under paragraph 2 is to be treated as being a relevant

period within the meaning of section 67 of the Criminal Justice Act 1967

25

(c. 80).

2     (1)  

This paragraph applies where—

(a)   

a court sentences an offender to a term of imprisonment for an

offence that was committed before 4th April 2005,

(b)   

the offender was remanded on bail by a court in the course of or in

30

connection with proceedings for the offence, or any related offence,

after the coming into force of paragraph 1, and

(c)   

the offender’s bail was subject to a qualifying curfew condition and

an electronic monitoring condition (“the relevant conditions”).

      (2)  

Subject to sub-paragraph (4), the court must by order specify the credit

35

period.

      (3)  

The “credit period” is the number days represented by half of the sum of—

(a)   

the day on which the offender’s bail was first subject to conditions

that, had they applied throughout the day in question, would have

been relevant conditions, and

40

 

 

Criminal Justice and Immigration Bill
Schedule 6 — Credit for period of remand on bail: transitional provisions

190

 

(b)   

the number of other days on which the offender’s bail was subject to

those conditions (excluding the last day on which it was so subject),

           

rounded up to the nearest whole number.

      (4)  

Sub-paragraph (2) does not apply if and to the extent that—

(a)   

rules made by the Secretary of State so provide, or

5

(b)   

it is in the opinion of the court just in all the circumstances not to give

a direction under that subsection.

      (5)  

Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does

not specify the credit period under sub-paragraph (2), it may in accordance

with either of those paragraphs by order specify a lesser period.

10

      (6)  

Rules under sub-paragraph (4)(a) may, in particular, make provision in

relation to—

(a)   

sentences of imprisonment for consecutive terms;

(b)   

sentences of imprisonment for terms which are wholly or partly

concurrent;

15

(c)   

periods during which a person granted bail subject to the relevant

conditions is also subject to electronic monitoring required by an

order made by a court or the Secretary of State.

      (7)  

In considering whether it is of the opinion mentioned in sub-paragraph

(4)(b) the court must, in particular, take into account whether or not the

20

offender has, at any time whilst on bail subject to the relevant conditions,

broken either or both of them.

      (8)  

Where the court specifies a period under sub-paragraph (2) or (5) it shall

state in open court—

(a)   

the number of days on which the offender was subject to the relevant

25

conditions, and

(b)   

the number of days in the period specified.

      (9)  

Sub-paragraph (10) applies where the court—

(a)   

does not specify the credit period under sub-paragraph (2) but does

specify a lesser period under sub-paragraph (5), or

30

(b)   

does not specify a period under either sub-paragraph (2) or (5).

     (10)  

The court shall state in open court—

(a)   

that its decision is in accordance with rules made under paragraph

(a) of sub-paragraph (4), or

(b)   

that it is of the opinion mentioned in paragraph (b) of that sub-

35

paragraph and what the circumstances are.

     (11)  

In this paragraph—

“electronic monitoring condition” means any electronic monitoring

requirements imposed under section 3(6ZAA) of the Bail Act 1976

(c. 63) for the purpose of securing the electronic monitoring of a

40

person’s compliance with a qualifying curfew condition;

“qualifying curfew condition” means a condition of bail which requires

the person granted bail to remain at one or more specified places for

a total of not less than 9 hours in any given day; and

“related offence” means an offence, other than the offence for which the

45

sentence is imposed (“offence A”), with which the offender was

 

 

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders

191

 

charged and the charge for which was founded on the same facts or

evidence as offence A.

Schedule 7

Section 38(6)

 

Youth default orders: modification of provisions applying to youth

rehabilitation orders

5

General

1          

Any reference to the offender is, in relation to a youth default order, to be

read as a reference to the person in default; and any reference to the time

when the offender is convicted is to be read as a reference to the time when

the order is made.

10

Unpaid work requirement

2     (1)  

In its application to a youth default order, paragraph 10 of Schedule 1

(unpaid work requirement) is modified as follows.

      (2)  

Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were

substituted—

15

“(a)   

not less than 20, and

(b)   

in the case of an amount in default which is specified in the

first column of the following Table, not more than the

number of hours set out opposite that amount in the second

column.

20

 

TABLE

 
 

Amount

Number of

 
  

hours

 
 

An amount not exceeding

40

 
 

£200

  

25

 

An amount exceeding £200

60

 
 

but not exceeding £500

  
 

An amount exceeding £500

100”.

 

      (3)  

Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted

“(or section 38(7)(a) applies)”.

30

Attendance centre requirement

3     (1)  

In its application to a youth default order, paragraph 12 of Schedule 1

(attendance centre requirement) is modified as follows.

      (2)  

Sub-paragraph (2) has effect as if—

(a)   

in paragraph (a), for the words following “conviction” there were

35

substituted “must be, in the case of an amount in default which is

specified in the first column of the following Table, not more than the

 

 

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders

192

 

number of hours set out opposite that amount in the second column.

 

TABLE

 
 

Amount

Number of

 
  

hours

 
 

An amount not exceeding

8

 

5

 

£250

  
 

An amount exceeding £250

14

 
 

but not exceeding £500

  
 

An amount exceeding £500

24”,

 

(b)   

in paragraph (b), for the words following “conviction” there were

10

substituted “must be, in the case of an amount in default which is

specified in the first column of the following Table, not more than the

number of hours set out opposite that amount in the second column.

 

TABLE

 
 

Amount

Number of

 

15

  

hours

 
 

An amount not exceeding

8

 
 

£250

  
 

An amount exceeding £250

14

 
 

but not exceeding £500

  

20

 

An amount exceeding £500

24”,

 

(c)   

in paragraph (c), for “must not be more than 12” there were

substituted “must be, in the case of an amount in default which is

specified in the first column of the following Table, not more than the

number of hours set out opposite that amount in the second column.

25

 

TABLE

 
 

Amount

Number of

 
  

hours

 
 

An amount not exceeding

8

 
 

£250

  

30

 

An amount exceeding £250

10

 
 

but not exceeding £500

  
 

An amount exceeding £500

12”.

 
 

 

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders

193

 

Curfew requirement

4     (1)  

In its application to a youth default order, paragraph 14 of Schedule 1

(curfew requirement) is modified as follows.

      (2)  

That paragraph has effect as if after sub-paragraph (2) there were inserted—

   “(2A)  

In the case of an amount in default which is specified in the first

5

column of the following Table, the number of days on which the

person in default is subject to the curfew requirement must not

exceed the number of days set out opposite that amount in the

second column.

 

TABLE

 

10

 

Amount

Number of days

 
 

An amount not exceeding

20

 
 

£200

  
 

An amount exceeding £200

30

 
 

but not exceeding £500

  

15

 

An amount exceeding £500

60

 
 

but not exceeding £1,000

  
 

An amount exceeding

90

 
 

£1,000 but not exceeding

  
 

£2,000

  

20

 

An amount exceeding

180”.

 
 

£2,000

  

Enforcement, revocation and amendment of youth default order

5     (1)  

In its application to a youth default order, Schedule 2 (breach, revocation or

amendment of youth rehabilitation orders) is modified as follows.

25

      (2)  

Any reference to the offence in respect of which the youth rehabilitation

order was made is to be read as a reference to the default in respect of which

the youth default order was made.

      (3)  

Accordingly, any power of the court to revoke a youth rehabilitation order

and deal with the offender for the offence is to be taken to be a power to

30

revoke the youth default order and deal with him in any way in which the

court which made the youth default order could deal with him for his

default in paying the sum in question.

      (4)  

Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted

“as having been made by a magistrates’ court”.

35

      (5)  

The following provisions are omitted—

(a)   

paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),

(b)   

paragraph 11(5),

(c)   

paragraph 18(7), and

(d)   

paragraph 19(3).

40

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 1 — Amendments to the Criminal Appeal Act 1968

194

 

Power to alter amount of money or number of hours or days

6          

The Secretary of State may by order amend paragraph 2, 3 or 4 by

substituting for any reference to an amount of money or a number of hours

or days there specified a reference to such other amount or number as may

be specified in the order.

5

Transfer of youth default order to Northern Ireland

7     (1)  

In its application to a youth default order, Schedule 3 is modified as follows.

      (2)  

Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted—

    “(3)  

Nothing in sub-paragraph (1) affects the application of section

38(7) to a youth default order made or amended in accordance

10

with paragraph 1 or 2.”

      (3)  

Paragraph 12 has effect as if, after paragraph (b) there were inserted—

“(bb)   

any power to impose a fine on the offender”.

Schedule 8

Section 46

 

Appeals in criminal cases

15

Part 1

Amendments to the Criminal Appeal Act 1968

1          

The Criminal Appeal Act 1968 (c. 19) has effect subject to the following

amendments.

Time limit on grant of certificates of fitness for appeal

20

2          

In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert

“, within 28 days from the date of the conviction,”.

3          

In section 11 (supplementary provisions as to appeal against sentence), in

subsection (1A)—

(a)   

after “if” insert “, within 28 days from the date on which the sentence

25

was passed,”, and

(b)   

for “the sentence” substitute “it”.

4          

In section 12 (appeal against verdict of not guilty on ground of insanity), in

subsection (1)(b) after “if” insert “, within 28 days from the date of the

verdict,”.

30

5          

In section 15 (appeal against finding of disability), in subsection (2)(b) after

“if” insert “, within 28 days from the date of the finding that the accused did

the act or made the omission charged,”.

Powers of Court to substitute different sentence

6     (1)  

Section 4 (sentence when appeal allowed on part of indictment) is amended

35

as follows.

 

 

 
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