Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons
PART III, CRIMINAL JUSTICE SYSTEM - continued
Time limits etc. - continued

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Additional time limits for persons under 18.

44. After section 22 of the 1985 Act there shall be inserted the following section-

"Additional time limits for persons under 18.	22A. - (1) The Secretary of State may by regulations make provision-
	(a) with respect to a person under the age of 18 at the time of his arrest in connection with an offence, as to the maximum period to be allowed for the completion of the stage beginning with his arrest and ending with the date fixed for his first appearance in court in connection with the offence ("the initial stage");
	(b) with respect to a person convicted of an offence who was under that age at the time of his arrest for the offence or (where he was not arrested for it) the laying of the information charging him with it, as to the period within which the stage between his conviction and his being sentenced for the offence should be completed.
	(2) Subsection (2) of section 22 above applies for the purposes of regulations under subsection (1) above as if-
	(a) the reference in paragraph (d) to custody or overall time limits were a reference to time limits imposed by the regulations; and
	(b) the reference in paragraph (e) to proceedings instituted before the commencement of any provisions of the regulations were a reference to a stage begun before that commencement.
	(3) A magistrates' court may, at any time before the expiry of the time limit imposed by the regulations under subsection (1)(a) above ("the initial stage time limit"), extend, or further extend, that limit; but the court shall not do so unless it is satisfied-
	(a) that the need for the extension is due to some good and sufficient cause; and
	(b) that the investigation has been conducted, and (where applicable) the prosecution has acted, with all due diligence and expedition.
	(4) Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires before the person arrested is charged with the offence, he shall not be charged with it unless further evidence relating to it is obtained, and-
	(a) if he is then under arrest, he shall be released;
	(b) if he is then on bail under Part IV of the Police and Criminal Evidence Act 1984, his bail (and any duty or conditions to which it is subject) shall be discharged.
	(5) Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires after the person arrested is charged with the offence but before the date fixed for his first appearance in court in connection with it, the court shall stay the proceedings.
	(6) Where-
	(a) a person escapes from arrest; or
	(b) a person who has been released on bail under Part IV of the Police and Criminal Evidence Act 1984 fails to surrender himself at the appointed time,
	and is accordingly unlawfully at large for any period, that period shall be disregarded, so far as the offence in question is concerned, for the purposes of the initial stage time limit.
	(7) Subsections (7) to (9) of section 22 above apply for the purposes of this section, at any time after the person arrested has been charged with the offence in question, as if any reference (however expressed) to a custody or overall time limit were a reference to the initial stage time limit.
	(8) Where a person is convicted of an offence in any proceedings, the exercise of the power conferred by subsection (3) above shall not be called into question in any appeal against that conviction.
	(9) Any reference in this section (however expressed) to a person being charged with an offence includes a reference to the laying of an information charging him with it."

Re-institution of stayed proceedings.

45. After section 22A of the 1985 Act there shall be inserted the following section-

"Re-institution of proceedings stayed under section 22(4) or 22A(5).	22B. - (1) This section applies where proceedings for an offence ("the original proceedings") are stayed by a court under section 22(4) or 22A(5) of this Act.
	(2) If-
	(a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs;
	(b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or
	(c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs,
	fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.
	(3) Fresh proceedings shall be instituted as follows-
	(a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment;
	(b) where the original proceedings were stayed by a magistrates' court, by laying an information.
	(4) Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 (limitation of time).
	(5) Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done-
	(a) by the prosecutor in compliance or purported compliance with section 3, 4, 7 or 9 of the Criminal Procedure and Investigations Act 1996; or
	(b) by the accused in compliance or purported compliance with section 5 or 6 of that Act.
	(6) Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction."

Date of first court appearance in bail cases.

46. - (1) In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words "subsection (4)" there shall be substituted the words "subsections (3A) and (4)".

(2) After that subsection there shall be inserted the following subsection-

	"(3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates' court, he shall appoint for the appearance-
	(a) a date which is not later than the first sitting of the court after the person is charged with the offence; or
	(b) where he is informed by the clerk to the justices for the relevant petty sessions area that the appearance cannot be accommodated until a later date, that later date."

Functions of courts etc.

Powers of youth courts.

47. - (1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time-

(a) before the start of the trial; or

(b) after conviction and before sentence,

remit the person for trial or, as the case may be, for sentence to a magistrates' court (other than a youth court) acting for the same petty sessions area as the youth court.

In this subsection "the start of the trial" shall be construed in accordance with section 22(11B) of the 1985 Act.

(2) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection-

	"(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact-
	(a) that the court commits the accused for trial for another offence; or
	(b) that the accused is charged with another offence."

(3) After subsection (1) of section 24 of the 1980 Act (summary trial of information against child or young person for indictable offence) there shall be inserted the following subsection-

	"(1A) Where a magistrates' court-
	(a) commits a person under the age of 18 for trial for an offence of homicide; or
	(b) in a case falling within subsection (1)(a) above, commits such a person for trial for an offence,
	the court may also commit him for trial for any other indictable offence with which he is charged at the same time if the charges for both offences could be joined in the same indictment."

(4) In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 ("the 1933 Act"), the words from the beginning to "court; and" shall cease to have effect.

Youth courts: power of stipendiary magistrates to sit alone.

48. - (1) In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)-

(a) in paragraph (a), after the word "shall", in the first place where it occurs, there shall be inserted the words "either consist of a metropolitan stipendiary magistrate sitting alone or" and the word "shall", in the other place where it occurs, shall cease to have effect;

(b) in paragraph (b), after the words "the chairman" there shall be inserted the words "(where applicable)"; and

(2) In paragraph 17 of that Schedule, the words "or, if a metropolitan stipendiary magistrate, may sit alone" shall cease to have effect.

Powers of magistrates' courts exercisable by single justice etc.

49. - (1) The following powers of a magistrates' court for any area may be exercised by a single justice of the peace for that area, namely-

(a) to extend bail or to impose or vary conditions of bail;

(b) to mark an information as withdrawn;

(c) to dismiss an information, or to discharge an accused in respect of an information, where no evidence is offered by the prosecution;

(d) to make an order for the payment of defence costs out of central funds;

(e) to request a pre-sentence report following a plea of guilty and, for that purpose, to give an indication of the seriousness of the offence;

(f) to request a medical report and, for that purpose, to remand the accused in custody or on bail;

(g) to remit an offender to another court for sentence;

(h) where a person has been granted police bail to appear at a magistrates' court, to appoint an earlier time for his appearance;

(i) to extend, with the consent of the accused, a custody time limit or an overall time limit;

(j) where a case is to be tried on indictment, to grant representation under Part V of the Legal Aid Act 1988 for purposes of the proceedings in the Crown Court;

(k) where an accused has been convicted of an offence, to order him to produce his driving licence;

(l) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court;

(m) to give, vary or revoke directions for the conduct of a trial, including directions as to the following matters, namely-

(i) the timetable for the proceedings;

(ii) the attendance of the parties;

(iii) the service of documents (including summaries of any legal arguments relied on by the parties);

(iv) the manner in which evidence is to be given; and

(n) to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

(2) Without prejudice to the generality of subsection (1) of section 144 of the 1980 Act (rules of procedure)-

(a) rules under that section may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area; and

(b) rules under that section which make such provision as is mentioned in paragraph (a) above may make different provision for different areas.

(3) Rules under that section which make such provision as is mentioned in subsection (2) above shall not authorise a justices' clerk-

(a) without the consent of the prosecutor and the accused, to extend bail on conditions other than those (if any) previously imposed, or to impose or vary conditions of bail;

(b) to give an indication of the seriousness of an offence for the purposes of a pre-sentence report;

(c) to remand the accused in custody for the purposes of a medical report or, without the consent of the prosecutor and the accused, to remand the accused on bail for those purposes on conditions other than those (if any) previously imposed;

(d) to give a direction prohibiting the publication of matters disclosed or exempted from disclosure in court; or

(e) without the consent of the parties, to give, vary or revoke orders for separate or joint trials in the case of two or more accused or two or more informations.

(4) Before making any rules under that section which make such provision as is mentioned in subsection (2) above in relation to any area, the Lord Chancellor shall consult justices of the peace and justices' clerks for that area.

(5) In this section and section 50 below "justices' clerk" has the same meaning as in section 144 of the 1980 Act.

Early administrative hearings.

50. - (1) Where a person ("the accused") has been charged with an offence at a police station, the magistrates' court before whom he appears or is brought for the first time in relation to the charge may, unless the accused falls to be dealt with under section 51 below, consist of a single justice.

(2) At a hearing conducted by a single justice under this section-

(a) the accused shall be asked whether he wishes to receive legal aid; and

(b) if he indicates that he does, his eligibility for it shall be determined; and

(c) if it is determined that he is eligible for it, the necessary arrangements or grant shall be made for him to obtain it.

(3) At such a hearing the single justice-

(a) may exercise, subject to subsection (2) above, such of his powers as a single justice as he thinks fit; and

(b) on adjourning the hearing, may remand the accused in custody or on bail.

(4) This section applies in relation to a justices' clerk as it applies in relation to a single justice; but nothing in subsection (3)(b) above authorises such a clerk to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.

(5) In this section "legal aid" means representation under Part V of the Legal Aid Act 1988.

Prepared 12 June 1998