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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

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              (5)             the magistrates’ court could deal with him if it had just convicted

him of the offence.

              (6)             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

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commit him to the Crown Court to be dealt with in respect of certain

other offences) shall apply accordingly.

              (7)             Section 4(7) above applies for the purposes of this section as it applies

for the purposes of that section.”

  23       For section 5 (power of Crown Court on committal for sentence under

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sections 3 and 4) there is substituted—

       “5            Power of Crown Court on committal for sentence under sections 3, 3A

and 4

              (1)                             Where an offender is committed by a magistrates’ court for sentence

under section 3, 3A or 4 above, the Crown Court shall inquire into the

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circumstances of the case and may deal with the offender in any way

in which it could deal with him if he had just been convicted of the

offence on indictment before the court.

              (2)                             In relation to committals under section 4 above, subsection (1) above

has effect subject to section 4(4) and (5) above.

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              (3)             Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to

the effect of an indication of sentence under section 20 of that Act)

shall not apply in respect of any specified offence (within the

meaning of section 204 of the Criminal Justice Act 2003)—

                    (a)                   in respect of which the offender is committed under section

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3A(2) above; or

                    (b)                   in respect of which—

                           (i)                          the offender is committed under section 4(2) above;

and

                           (ii)                         the court states under section 4(4) above that, in its

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opinion, it also has power to commit the offender

under section 3A(2) above.”

  24       After section 5 there is inserted—

       “5A            Power of Crown Court on committal for sentence under sections 3B,

3C and 4A

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              (1)             Where an offender is committed by a magistrates’ court for sentence

under section 3B, 3C or 4A above, the Crown Court shall inquire into

the circumstances of the case and may deal with the offender in any

way in which it could deal with him if he had just been convicted of

the offence on indictment before the court.

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              (2)             In relation to committals under section 4A above, subsection (1)

above has effect subject to section 4A(4) and (5) above.”

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences

    181

 

  25       In section 6 (committal for sentence in certain cases where offender

committed in respect of another offence), in subsection (4)(b), for “3 and 4”

there is substituted “3 to 4A”.

Schedule 4

Section 62

 

Qualifying offences for purposes of Part 10

5

Part 1

List of offences

Offences Against the Person

Murder

  1        Murder.

10

Attempted murder

  2        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit murder.

Soliciting Murder

  3        An offence under section 4 of the Offences against the Person Act 1861

15

(c. 100).

Manslaughter

  4        Manslaughter.

Wounding or causing grievous bodily harm with intent

  5        An offence under section 18 of the Offences against the Person Act 1861

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(c. 100).

Kidnapping

  6        Kidnapping.

Sexual Offences

Rape

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  7        An offence under section 1 of the Sexual Offences Act 1956 (c. 69).

Attempted rape

  8        An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit an offence under section 1 of the Sexual Offences Act

1956.

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Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences

    182

 

Intercourse with a girl under thirteen

  9        An offence under section 5 of the Sexual Offences Act 1956 (c. 69).

Incest by a man with a girl under thirteen

  10       An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to

have been committed with a girl under thirteen.

5

Drugs Offences

Unlawful importation of Class A drug

  11       An offence under section 50(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

10

Unlawful exportation of Class A drug

  12       An offence under section 68(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Producing or being concerned in production of Class A drug

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  13       An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged

to have been committed in relation to a Class A drug (as defined by section

2 of that Act).

Supplying or offering to supply Class A drug

  14       An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged

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to have been committed in relation to a Class A drug (as defined by section

2 of that Act).

Theft Offences

Robbery

  15       An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged

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that, at some time during the commission of the offence, the defendant had

in his possession a firearm or imitation firearm (as defined by section 57 of

the Firearms Act 1968 (c. 27)).

Criminal Damage Offences

Arson endangering life

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  16       An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48)

alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

  17       An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 10
Part 1 — List of offences

    183

 

Intent or conspiracy to cause explosion likely to endanger life or property

  18       An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3).

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

  19       An offence under section 51 or 52 of the International Criminal Court Act

5

2001 (c. 17).

Grave breaches of the Geneva Conventions

  20       An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

  21       An offence under section 56 of the Terrorism Act 2000 (c. 11).

10

Hostage-taking

  22       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security

Hijacking of aircraft

  23       An offence under section 1 of the Aviation Security Act 1982 (c. 36).

15

Destroying, damaging or endangering the safety of an aircraft

  24       An offence under section 2 of the Aviation Security Act 1982 (c. 36).

Hijacking of ships

  25       An offence under section 9 of the Aviation and Maritime Security Act 1990

(c. 31).

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Seizing or exercising control of fixed platforms

  26       An offence under section 10 of the Aviation and Maritime Security Act 1990

(c. 31).

Destroying ships or fixed platforms or endangering their safety

  27       An offence under section 11 of the Aviation and Maritime Security Act 1990

25

(c. 31).

Hijacking of Channel Tunnel trains

  28       An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.

1994/570).

 

 

Criminal Justice Bill
Schedule 5 — Evidence of bad character: armed forces

    184

 

Seizing or exercising control of the Channel Tunnel system

  29       An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.

1994/570).

Conspiracy

Conspiracy

5

  30       An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy

to commit an offence listed in this Schedule.

Part 2

Supplementary

  31       A reference in this Schedule to an offence includes a reference to an offence

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of aiding, abetting, counselling or procuring the commission of the offence.

  32       A reference in this Schedule to an enactment includes a reference to the

enactment as enacted and as amended from time to time.

Schedule 5

Section 97

 

Evidence of bad character: armed forces

15

  1        Sections 81 to 90, 93, 94 and 96, in so far as they are not applied in relation to

proceedings before service courts by provision contained in or made under

any other Act, have effect in relation to such proceedings (whether in the

United Kingdom or elsewhere) as they have effect in relation to criminal

proceedings.

20

  2       (1)      Section 91 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

          (2)      In subsection (1)—

              (a)             for “judge and jury” substitute “court-martial”;

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              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

              (c)             for the words after paragraph (b) substitute “the judge advocate

must either direct the court to acquit the defendant of the offence or,

if he considers that there ought to be a retrial, dissolve the court.”

          (3)      In subsection (2)—

30

              (a)             for “jury” substitute “court”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”.

          (4)      In subsection (3)—

              (a)             for paragraph (a) substitute—

                           “(a)                             a court is required to determine under section 115B(2)

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of the Army Act 1955, section 115B(2) of the Air Force

Act 1955 or section 62B(2) of the Naval Discipline Act

1957 whether a person charged with an offence did

the act or made the omission charged,”;

 

 

Criminal Justice Bill
Schedule 6 — Hearsay evidence: armed forces

    185

 

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

              (c)             for the words after paragraph (c) substitute “the judge advocate must

either direct the court to acquit the defendant of the offence or, if he

considers that there ought to be a rehearing, dissolve the court.”

          (5)      For subsection (4) substitute—

5

              “(4)                This section does not prejudice any other power a judge advocate

may have to direct a court to acquit a person of an offence or to

dissolve a court.”

  3        Section 94, as it applies in relation to proceedings before service courts, has

effect with the substitution of the following for subsection (1)—

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              “(1)                Where the court makes a relevant ruling—

                    (a)                   it must state in open court (but, in the case of a ruling by a

judge advocate, in the absence of the other members of the

court) its reasons for the ruling;

                    (b)                   if it is a Standing Civilian Court, it must cause the ruling and

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the reasons for it to be entered in the note of the court’s

proceedings.”

  4        Section 95 has effect as if, in subsection (7), the definition of “rules of court”

included rules regulating the practice and procedure of service courts.

  5       (1)      In this Schedule, and in section 91 as applied by this Schedule, “court-

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martial” means a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53).

          (2)      In this Schedule “service court” means—

              (a)             a court-martial;

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              (b)             a summary appeal court constituted under section 83ZA of the Army

Act 1955 (3 & 4 Eliz. 2 c. 18), section 83ZA of the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or section 52FF of the Naval Discipline Act 1957

(c. 53);

              (c)             the Courts-Martial Appeal Court;

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              (d)             a Standing Civilian Court.

Schedule 6

Section 119

 

Hearsay evidence: armed forces

Application to proceedings before service courts

  1        Sections 98 to 105, 107, 108, 110, 111 to 113 and 116 to 118, in so far as they

35

are not applied in relation to proceedings before service courts by provision

contained in or made under any other Act, have effect in relation to such

proceedings (whether in the United Kingdom or elsewhere) as they have

effect in relation to criminal proceedings.

  2       (1)      In their application to such proceedings those sections have effect with the

40

following modifications.

 

 

Criminal Justice Bill
Schedule 6 — Hearsay evidence: armed forces

    186

 

          (2)      In section 100(2)(c) for “United Kingdom” substitute “country where the

court is sitting”.

          (3)      In section 101 insert after subsection (7)—

              “(8)                In subsection (4) “criminal proceedings” includes summary

proceedings under section 76B of the Army Act 1955, section 76B of

5

the Air Force Act 1955 or section 52D of the Naval Discipline Act

1957; and the definition of “criminal proceedings” in section 118(1)

has effect accordingly.”

          (4)      In section 111, for subsection (7) substitute—

              “(7)                The appropriate rules are those regulating the practice and

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procedure of service courts.”

          (5)      In section 117(10), at the end of the definition of “rules of court” insert—

                                        “(d)                        rules regulating the practice and procedure of service

courts.”

          (6)      In section 118 insert after subsection (1)—

15

              “(1A)                In this Part “criminal investigation” includes any investigation

which may lead—

                    (a)                   to proceedings before a court-martial or Standing Civilian

Court, or

                    (b)                   to summary proceedings under section 76B of the Army Act

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1955, section 76B of the Air Force Act 1955 or section 52D of

the Naval Discipline Act 1957.”

  3       (1)      Section 106 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

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          (2)      In subsection (1) for “judge and jury” substitute “court-martial”.

          (3)      In subsection (2)—

              (a)             for “jury when they retire to consider their” substitute “court when it

retires to consider its”.

              (b)             for “the court” in paragraph (a) substitute “the judge advocate”;

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              (c)             for “the jury” in paragraph (b) substitute “the court”.

  4       (1)      Section 109 has effect in relation to proceedings before courts-martial

(whether in the United Kingdom or elsewhere) with the following

modifications.

          (2)      In subsection (1)—

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              (a)             for “judge and jury” substitute “court-martial”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”;

              (c)             for the words after paragraph (b) substitute “the judge advocate

must either direct the court to acquit the defendant of the offence or,

if he considers that there ought to be a retrial, dissolve the court.”

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          (3)      In subsection (2)—

              (a)             for “jury” substitute “court”;

              (b)             for “the court is satisfied” substitute “the judge advocate is satisfied”.

          (4)      In subsection (3)—

              (a)             for paragraph (a) substitute—

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