Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 25 — Further minor and consequential amendments
Part 3 — Trials on indictment without a jury
    277

              “(2B)                The reference in subsection (2A) to the time when the jury are sworn
is to be read, in the case of a trial conducted without a jury, as a
reference to the time when, if the trial were conducted with a jury,
the jury would be sworn.”
Criminal Justice Act 1987 (c.38)
5
  26      (1)      Section 7 of the Criminal Justice Act 1987 (c. 38) (power to order preparatory
hearing) is amended as follows.
          (2)      In subsection (1) for “the jury are sworn” there is substituted “the time when
the jury are sworn”.
          (3)      After subsection (2) there is inserted—
10
              “(2A)                The reference in subsection (1) above to the time when the jury are
sworn is to be read, in the case of a trial conducted without a jury, as
a reference to the time when, if the trial were conducted with a jury,
the jury would be sworn.”
Prosecution of Offences Act 1985 (c.23)
15
  27      (1)      Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary
of State to set time limits in relation to preliminary stages of criminal
proceedings) is amended as follows.
          (2)      In subsection (11A)—
              (a)             for “when a jury is sworn” there is substituted “at the time when a
20
jury is sworn”,
              (b)             for “a jury is sworn” there is substituted “the time when a jury is
sworn”.
          (3)      After that subsection there is inserted—
              “(11AA)                The references in subsection (11A) above to the time when a jury is
25
sworn are to be read, in the case of a trial conducted without a jury,
as references to the time when, if the trial were conducted with a jury,
the jury would be sworn.”
Criminal Procedure and Investigations Act 1996 (c.25)
  28      (1)      Section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25)
30
(power to order preparatory hearing) is amended as follows.
          (2)      In subsection (1)(a) for “the jury are sworn” there is substituted “the time
when the jury are sworn”.
          (3)      After subsection (4) there is inserted—
              “(5)                The reference in subsection (1)(a) to the time when the jury are sworn
35
is to be read, in the case of a trial conducted without a jury, as a
reference to the time when, if the trial were conducted with a jury,
the jury would be sworn.”
  29      (1)      Section 39 of that Act (meaning of pre-trial hearing) is amended as follows.
          (2)      In subsection (3)—
40
              (a)             for “when a jury is sworn” there is substituted “at the time when a
jury is sworn”,

Criminal Justice Bill
Schedule 25 — Further minor and consequential amendments
Part 5 — Miscellaneous
    278

              (b)             for “a jury is sworn” there is substituted “the time when a jury is
sworn”.
          (3)      After that subsection there is inserted—
              “(4)                The references in subsection (3) to the time when a jury is sworn are
to be read, in the case of a trial conducted without a jury, as
5
references to the time when, if the trial were conducted with a jury,
the jury would be sworn.”
Part 4
Evidence of bad character
Criminal Procedure Act 1865 (c. 18)
10
  30       In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for
offence may be proved if not admitted)—
              (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.
15
Criminal Evidence Act 1898 (c. 36)
  31       In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—
              (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),”;
20
              (b)             subsection (3) is omitted.
Police and Criminal Evidence Act 1984 (c. 60)
  32       In section 74(3) of the Police and Criminal Evidence Act 1984 (proof of
defendant’s conviction for offence to prove commission of that offence) the
words from “in so far” to “he is charged,” are omitted.
25
Part 5
Miscellaneous
  33      (1)      For paragraphs 16(h) and (i) of Schedule 4 to the Police Reform Act 2002
(c.30) (search warrants) there is substituted—
                      “(h)                        section 21(1), (2) and (9) of that Act (provision of record of
30
seizure) shall have effect in relation to the seizure of
anything in exercise of the powers conferred by virtue of
sub-paragraph (c) or (e) as if the references to a constable
and to an officer included references to that person; and
                      (i)                        section 21(3) to (9) and section 22 of that Act (access,
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copying and retention) shall have effect in relation to
anything seized in exercise of those powers or taken away
following the imposition of a requirement by virtue of sub-
paragraph (g)—
                             (i)                            as they have effect in relation to anything seized in
40
exercise of the power conferred by section 8(2) of

Criminal Justice Bill
Schedule 26 — Repeals
Part 2 — Bail
    279

                             (i)                            that Act or taken away following the imposition of
a requirement by virtue of section 20 of that Act;
and
                             (ii)                           as if the references to a constable in subsections (3),
(4), (5) and (9) of section 21 included references to a
5
person to whom this paragraph applies.”
Schedule 26
Section 267

Repeals
Part 1
Repeals relating to amendments of Police and Criminal Evidence Act 1984
10

Short title and chapter
Extent of repeal

Police and Criminal Evidence
In section 1(8), the word “and” at the end of

Act 1984 (c. 60)
paragraph (c).

In section 54—

     (a)    in subsection (1), the words “and record

15

or cause to be recorded”, and

     (b)    subsection (2).

In section 67—

     (a)    the word “such” in subsections (9),

(10)(a), (b) and (c) and in both places where it

20

occurs in subsection (11), and

     (b)    the words “of practice to which this

section applies” in subsection (9A).

In section 113—

     (a)    in subsection (4) the words “issued

25

under that subsection”,

     (b)    in subsection (8) the words “of practice

issued under this section”, and

     (c)    in subsection (10) the word “such” in

both places where it occurs.

30

Criminal Justice and Public
Section 29(3).

Order Act 1994 (c. 33)

Armed Forces Act 2001 (c. 19)
In section 2(9), the word “and” at the end of

paragraph (c).

Police Reform Act 2002 (c. 30)
In Schedule 7, paragraph 9(1) and (6).

35
Part 2
Bail

Short title and chapter
Extent of repeal

Criminal Justice Act 1967 (c. 80)
In section 22(3), the words from “except that” to

the end.

40

Criminal Justice Bill
Schedule 26 — Repeals
Part 4 — Evidence of bad character
    280

Short title and chapter
Extent of repeal

Courts Act 1971 (c. 23)
In Schedule 8, in paragraph 48(b), the word

“22(3)”.

Bail Act 1976 (c. 63)
In section 3(6), the words “to secure that”.

In section 3A(5), the words “for the purpose of

5

preventing that person from”.

In Part 1 of Schedule 1—

  (a) paragraph 2A,

  (b) paragraph 6,

  (c) in paragraph 9, the words “or 2A”.

10

Supreme Court Act 1981 (c. 54)
In section 81(1)(g), the word “or” at the end of

sub-paragraph (ii).

Criminal Justice Act 1991 (c. 53)
In Schedule 11, in paragraph 22(2), the words

“and the words” onwards.

Criminal Justice and Public
Section 26.

15

Order Act 1994 (c. 33)
In Schedule 10, paragraph 34.

Powers of Criminal Courts
In Schedule 9, paragraph 87(b).

(Sentencing) Act 2000 (c. 6)

Part 3
Disclosure
20

Short title and chapter
Extent of repeal

Criminal Justice Act 1987 (c. 38)
In section 9(5)(i) and (iii).

Criminal Justice (Serious Fraud)
Article 8(5)(i) and (iii).

(Northern Ireland) Order

1988 (S.I. 1988/1846 (N.I. 16))

25

Criminal Procedure and
Section 5(6) to (9).

Investigations Act 1996 (c. 25)
Section 6(3).

Section 7.

Section 9.

Section 20(2).

30

Section 31(6)(a) and (c).

Part 4
Evidence of bad character

Short title and chapter
Extent of repeal

Criminal Procedure Act 1865
In section 6, the words “and upon being so

35

(c. 18)
questioned, if”.

Criminal Evidence Act 1898
Section 1(3).

(c. 36)

Children and Young Persons
Section 16(2) and (3).

Act 1963 (c. 37)

40

Criminal Justice Bill
Schedule 26 — Repeals
Part 5 — Hearsay evidence
    281

Short title and chapter
Extent of repeal

Criminal Evidence Act 1979
In section 1, the words from “each of the

(c. 16)
following” to “1898, and”.

Police and Criminal Evidence
In section 74(3), the words from “in so far” to

Act 1984 (c. 60)
“he is charged,”.

5

Criminal Justice and Public
Section 31.

Order Act 1994 (c. 33)

Crime (Sentences) Act 1997
In Schedule 4, paragraph 4.

(c. 43)

Youth Justice and Criminal
In Schedule 4, paragraph 1(5).

10

Evidence Act 1999 (c. 23)

Powers of Criminal Courts
In Schedule 9, paragraph 23.

(Sentencing) Act 2000 (c. 6)

Part 5
Hearsay evidence
15

Short title and chapter
Extent of repeal

Registered Designs Act 1949
In section 17, in subsection (8) the words

(c. 88)
“Subject to subsection (11) below,” and in

subsection (10) the words “, subject to

subsection (11) below,”.

20

Patents Act 1977 (c. 37)
In section 32, in subsection (9) the words

“Subject to subsection (12) below,” and in

subsection (11) the words “, subject to

subsection (12) below,”.

Customs and Excise
Section 75A(6)(b).

25

Management Act 1979 (c. 2)

Criminal Justice Act 1988 (c. 33)
Part 2.

Schedule 2.

In Schedule 13, paragraphs 2 to 5.

In Schedule 15, paragraph 32.

30

Criminal Justice (International
In section 3(10) the words from “and” to the

Co-operation) Act 1990 (c. 5)
end.

In Schedule 4, paragraph 6(2).

Finance Act 1994 (c. 9)
Section 22(2)(b).

In Schedule 7, paragraph 1(6)(b).

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Value Added Tax Act 1994
In Schedule 7, paragraph 6(6)(b).

(c. 23)

Criminal Justice and Public
In Schedule 9, paragraph 31.

Order Act 1994 (c. 33)

Civil Evidence Act 1995 (c. 38)
In Schedule 1, paragraph 12.

40

Finance Act 1996 (c. 8)
In Schedule 5, paragraph 2(6)(a).

Criminal Procedure and
In Schedule 1, paragraphs 28 to 31.

Investigations Act 1996 (c. 25)

Criminal Justice Bill
Schedule 26 — Repeals
Part 6 — Sentencing: general
    282

Short title and chapter
Extent of repeal

Crime and Disorder Act 1998
In Schedule 3, paragraph 5(4).

(c. 37)

Youth Justice and Criminal
In Schedule 4, paragraph 16.

Evidence Act 1999 (c. 23)

5

Finance Act 2000 (c. 17)
In Schedule 6, paragraph 126(2)(a).

Finance Act 2001 (c. 9)
In Schedule 7, paragraph 3(2)(a).

Part 6
Sentencing: general

Short title and chapter
Extent of repeal

10

Criminal Justice Act 1967 (c. 80)
In section 104(1), the definition of “suspended

sentence”.

Criminal Appeal Act 1968
Section 11(4).

(c. 19)

Social Work (Scotland) Act 1968
In section 94(1), the definition of “community

15

(c. 49)
rehabilitation order”.

Bail Act 1976 (c. 63)
In section 2(1)(d), the words “placing the

offender on probation or”.

Magistrates’ Courts Act 1980
Section 133(2).

(c. 43)
In Schedule 6A, the entry relating to section

20

123(3) of the Powers of Criminal Courts

(Sentencing) Act 2000.

Mental Health Act 1983 (c. 20)
In section 37(1B), the words “109(2),”.

In section 45A(1)(b), the words from “except” to

“1997”.

25

Criminal Justice Act 1988 (c. 33)
In section 36(2), the words “109(2),”.

Road Traffic Offenders Act 1988
In section 46(1), paragraph (a) and the word

(c. 53)
“or” following it.

Football Spectators Act 1989
In section 7, subsection (9) and in subsection

(c. 37)
(10)(b) the words from “(or” to the end.

30

Children Act 1989 (c. 41)
In Schedule 9A, in paragraph 4(2)(g), the words

“placed on probation or”.

Criminal Justice Act 1991 (c. 53)
Sections 32 to 51.

Section 65.

Schedule 5.

35

In Schedule 12—

     (a)    in paragraph 8(8), paragraph (d), and

     (b)    in paragraph 9(3), paragraph (d).

Criminal Justice and Public
In section 25(3)(c), the words “placing the

Order Act 1994 (c. 33)
offender on probation or”.

40

Sex Offenders Act 1997 (c. 51)
In section 4(1), paragraph (g).

Criminal Justice Bill
Schedule 26 — Repeals
Part 6 — Sentencing: general
    283

Short title and chapter
Extent of repeal

Crime and Disorder Act 1998
In section 18, subsection (2).

(c. 37)
Sections 80 to 82.

Powers of Criminal Courts
Section 12(4).

(Sentencing) Act 2000 (c. 6)
Sections 34 to 36A.

5

In section 36B, subsections (4) and (8) and, in

subsection (9), the words from “a community

punishment order” to “a drug abstinence

order”.

In section 37, subsection (4), in subsection (9) the

10

words “who on conviction is under 16” and

subsection (10).

In section 40A, subsection (4), in subsection (9)

the words “who on conviction is under 16”

and subsection (10).

15

Sections 41 to 59.

In section 60, in subsection (1), paragraph (c)

and the word “or” immediately preceding it.

Section 62.

Section 69(11).

20

Section 73(7).

Sections 78 to 82.

Section 85.

Sections 87 and 88.

Section 100(4).

25

Section 109.

Section 110(3).

Section 111(3).

In section 112(1)(a), the words “109,”.

In section 113, in subsection (1)(a), the words “a

30

serious offence or” and in subsection (2), the

words ““serious offence”,” and “109,”.

In section 114(1)(b), the words “a serious

offence,”.

Sections 118 to 125.

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Sections 126 to 129.

Sections 156 to 158.

Section 160(4).



© Parliamentary copyright 2002	Revised 21 November 2002