|
Hilary Benn
1006
Schedule 25, page 277, line 4, at end insert—
'Police and Criminal Evidence Act 1984 (c. 60)
| 25A | (1) | Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows. |
| (2) | In subsection (1) after "indictment" there is inserted "with a jury". |
| (3) | In subsection (2) after "indictment" there is inserted "with a jury". |
| (4) | After subsection (2) there is inserted— |
"(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.".'.
Hilary Benn
1007
Schedule 25, page 277, line 5, at end insert—
| | '25B | The Criminal Justice Act 1987 is amended as follows.'. |
Hilary Benn
1008
Schedule 25, page 277, line 6, leave out 'of the Criminal Justice Act 1987 (c.38)'.
Hilary Benn
1009
Schedule 25, page 277, line 14, at end insert—
| '26A | (1) | Section 9 (the preparatory hearing) is amended as follows. |
| (2) | In subsection (4)(b) for "the jury" there is substituted "a jury". |
| (3) | In subsection (13) for "no jury shall be sworn" there is substituted "the preparatory hearing shall not be concluded". |
| 26B | (1) | Section 10 (later stages of trial) is amended as follows. |
| (2) | In subsection (2) after "jury" there is inserted "or, in the case of a trial without a jury, the judge". |
| (3) | In subsection (3) for "deciding whether to give leave" there is substituted "doing anything under subsection (2) above or in deciding whether to do anything under it". |
| (4) | In subsection (4) for "Except as provided by this section" there is substituted "Except as provided by this section, in the case of a trial with a jury".'. |
Hilary Benn
1010
Schedule 25, page 277, line 15, at end insert—
| | '26C | The Prosecution of Offences Act 1985 is amended as follows. |
| | 26D | In section 7A(6)(a) (powers of non-legal staff) for "by a jury" there is substituted "on indictment".'. |
Hilary Benn
1011
Schedule 25, page 277, line 16, leave out 'of the Prosecution of Offences Act 1985 (c.23)'.
Hilary Benn
1012
Schedule 25, page 277, line 28, at end insert—
'Criminal Justice and Public Order Act 1994 (c. 33)
| | 27A | The Criminal Justice and Public Order Act 1994 is amended as follows. |
| | 27B | In section 35(2) (effect of accused's silence at trial) after "indictment" there is inserted "with a jury". |
| | 27C | In section 51(10)(b) (intimidation of witnesses, jurors and others) after "finding" there is inserted "otherwise than in circumstances where the proceedings are continued without a jury".'. |
Hilary Benn
1013
Schedule 25, page 277, line 29, at end insert—
| | '27D | The Criminal Procedure and Investigations Act 1996 is amended as follows.'. |
Hilary Benn
1014
Schedule 25, page 277, line 30, leave out 'of the Criminal Procedure and Investigations Act 1996 (c.25)'.
Hilary Benn
1015
Schedule 25, page 277, line 38, at end insert—
| | '28A | In section 31(4)(b) (the preparatory hearing) for "the jury" there is substituted "a jury". |
| | 28B (1) | Section 34 (later stages of trial) is amended as follows. |
| (2) | In subsection (2) after "jury" there is inserted "or, in the case of a trial without a jury, the judge". |
| (3) | In subsection (3) for "deciding whether to give leave" there is substituted "doing anything under subsection (2) or in deciding whether to do anything under it". |
| (4) | In subsection (4) for "Except as provided by this section" there is substituted "Except as provided by this section, in the case of a trial with a jury". |
| | 28C | In section 35(2) (appeals to Court of Appeal) for "no jury shall be sworn" there is substituted "the preparatory hearing shall not be concluded". |
| | 28D | In section 36(2) (appeals to House of Lords) for "no jury shall be sworn" there is substituted "the preparatory hearing shall not be concluded".'. |
Hilary Benn
1016
Schedule 25, page 277, line 39, leave out 'of that Act'.
Hilary Benn
1017
Schedule 25, page 278, line 7, at end insert—
'Crime and Disorder Act 1998 (c. 37)
| | 29A | 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 substituted "him to be properly convicted". |
Youth Justice and Criminal Evidence Act 1999 (c. 23)
| | 29B | The Youth Justice and Criminal Evidence Act 1999 is amended as follows. |
| | 29C | In section 32 (warning to jury) after "indictment" there is inserted "with a jury". |
| | 29D | In section 39(1) (warning to jury) after "indictment" there is inserted "with a jury". |
Anti-terrorism, Crime and Security Act 2001 (c. 24)
| | 29E | 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 than in circumstances where the proceedings are continued without a jury". |
Proceeds of Crime Act 2002 (c. 29)
| | 29F | 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".'. |
Hilary Benn
958
Schedule 25, page 278, line 27, at end insert—
'Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
| 32A | (1) | Section 19 of the Criminal Appeal (Northern Ireland) Act 1980 (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". |
| (4) | In subsection (1A)(a)— |
(a) the words "application for leave to" are omitted, and
(b) after "hearings)" there is inserted "or section 41 of the Criminal Justice Act 2003".
| (5) | For subsection (1A)(b) there is substituted— |
| "(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." |
| (6) | In subsection (3) for "an appellant" there is substituted "a person".'. |
Hilary Benn
976
Schedule 25, page 278, line 28, leave out from beginning to end of line 6 on page 279.
Hilary Benn
47
Schedule 26, page 279, line 39, column 2, leave out '22(3),' and insert '22, in subsection (1) the words "subject to section 25 of the Criminal Justice and Public Order Act 1994" and in subsection (3)'.
Hilary Benn
48
Schedule 26, page 280, line 16, column 2, leave out 'paragraph' and insert 'paragraphs 15 and'.
Hilary Benn
808
Schedule 26, page 282, line 11, at end insert—
| 'Piracy Act 1837 (c.88) | Section 3.' |
Hilary Benn
809
Schedule 26, page 282, line 11, at end insert—
| 'Children and Young Persons Act 1963 (c.37) | In section 16(3), the words "mandatory and".' |
Hilary Benn
810
Schedule 26, page 282, line 13, column 2, leave out lines 12 and 13 and insert—
| 'In section 104, in subsection (1) the definition of "suspended sentence" and subsection (2).' |
Hilary Benn
811
Schedule 26, page 282, line 14, column 2, at beginning insert—
| subsection (2)(c) and the word "or" immediately preceding it, and
subsection (3)(cc).' |
Hilary Benn
812
Schedule 26, page 282, line 32, column 2, at beginning insert—
| 'In section 68(2)(d), the words "a probation order has been made in respect of him or he has been".' |
Hilary Benn
813
Schedule 26, page 282, line 39, leave out 'paragraph (d)' and insert 'paragraph (c)'.
Hilary Benn
814
Schedule 26, page 282, line 41, at end insert—
| 'Criminal Procedure (Scotland) Act 1995 (c.46) | In section 234—
in subsection (2), the words from "but does not" to the end,
subsection (5)(b) and the word "and" immediately preceding it, and
subsection (11).' |
Hilary Benn
815
Schedule 26, page 282, line 41, at end insert—
| 'Crime (Sentences) Act 1997 (c.43) | Sections 35 and 40.' |
Hilary Benn
816
Schedule 26, page 282, line 41, at end insert—
| 'Crime (Sentences) Act 1997 (c.43) | In Schedule 4, paragraphs 6(2), 7, 12(1) and 15(10).' |
Hilary Benn
817
Schedule 26, page 283, line 2, column 2, at end insert—
| 'In section 38(4)(i), the words "section 37(4A) or 65 of the 1991 Act or". |
Hilary Benn
818
Schedule 26, page 283, line 3, column 2, at end insert—
| In Schedule 7, paragraph 50. |
| In Schedule 8, paragraphs 11, 13(2), 79 to 84, 86 to 91, 94, 97 and 132.' |
Hilary Benn
819
Schedule 26, page 283, line 3, at end insert—
| 'Access to Justice Act 1999 (c.22) | Section 58(5).' |
Hilary Benn
820
Schedule 26, page 283, line 4, column 2, at beginning insert—
Hilary Benn
593
Schedule 26, page 283, line 22, column 2, at end insert—
Hilary Benn
821
Schedule 26, page 283, line 34, column 2, at end insert—
| 'In section 115, the word "109,". |
Hilary Benn
822
Schedule 26, page 283, line 36, column 2, at end insert—
Hilary Benn
823
Schedule 26, page 283, line 37, column 2, at end insert—
| 'In section 159, the words ", 121(1) or 123(1)" and "paragraph 6(6) of Schedule 4 to this Act,".' |
Hilary Benn
824
Schedule 26, page 283, line 38, column 2, at end insert—
Hilary Benn
825
Schedule 26, page 283, line 38, column 2, at end insert—
Hilary Benn
826
Schedule 26, page 284, line 10, column 2, leave out from '"curfew order"' to 'the' in line 11 and insert 'the words "section 59 above or", "or section 35 of the Crime (Sentences) Act 1997", "section 59 or" and "or the said section 35,"'.
|
