Criminal Justice Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 28 — Repeals
Part 1 — Repeals relating to amendments of Police and Criminal Evidence Act 1984
    307

Part 6
Miscellaneous
Criminal Appeal (Northern Ireland)Act 1980 (c. 47)
  68      (1)      Section 19 of the Criminal Appeal (Northern Ireland) Act 1980 (legal aid) is
amended as follows.
5
          (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
10
              (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
15
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”.
Schedule 28
20
Section 274

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

Short title and chapter
Extent of repeal

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

25

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

In section 54—

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

or cause to be recorded”, and

     (b)    subsection (2).

30

In section 67—

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

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

occurs in subsection (11), and

     (b)    the words “of practice to which this

35

section applies” in subsection (9A).

Criminal Justice Bill
Schedule 28 — Repeals
Part 2 — Bail
    308

Short title and chapter
Extent of repeal

Police and Criminal Evidence
In section 113—

Act 1984 (c. 60)—cont.
     (a)    in subsection (4) the words “issued

under that subsection”,

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

5

issued under this section”, and

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

both places where it occurs.

Criminal Justice and Public
Section 29(3).

Order Act 1994 (c. 33)

10

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).

Part 2
Bail
15

Short title and chapter
Extent of repeal

Criminal Justice Act 1967 (c. 80)
In section 22, in subsection (1) the words

“subject to section 25 of the Criminal Justice

and Public Order Act 1994” and in subsection

(3) the words from “except that” to the end.

20

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

preventing that person from”.

25

In Part 1 of Schedule 1—

  (a) paragraph 2A,

  (b) paragraph 6,

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

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

30

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.

Order Act 1994
In Schedule 10, paragraphs 15 and 34.

35

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

(Sentencing) Act 2000 (c. 6)

Criminal Justice Bill
Schedule 28 — Repeals
Part 4 — Evidence of bad character
    309

Part 3
Disclosure

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).

5

(Northern Ireland) Order

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

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

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

Section 7.

10

Section 9.

Section 20(2).

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

Part 4
Evidence of bad character
15

Short title and chapter
Extent of repeal

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

(c. 18)
questioned, if”.

Criminal Evidence Act 1898
Section 1(3).

(c. 36)

20

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

Act 1963 (c. 37)

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

25

Act 1984 (c. 60)
“he is charged,”.

Criminal Justice and Public
Section 31.

Order Act 1994 (c. 33)

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

(c. 43)

30

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

Evidence Act 1999 (c. 23)

Powers of Criminal Courts
In Schedule 9, paragraph 23.

(Sentencing) Act 2000 (c. 6)

Criminal Justice Bill
Schedule 28 — Repeals
Part 6 — Sentencing: general
    310

Part 5
Hearsay evidence

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

5

subsection (10) the words “, subject to

subsection (11) below,”.

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

10

subsection (12) below,”.

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

Management Act 1979 (c. 2)

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

Schedule 2.

15

In Schedule 13, paragraphs 2 to 5.

In Schedule 15, paragraph 32.

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).

20

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

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

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

(c. 23)

Criminal Justice and Public
In Schedule 9, paragraph 31.

25

Order Act 1994 (c. 33)

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

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)

30

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)

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

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

Part 6
Sentencing: general

Short title and chapter
Extent of repeal

Piracy Act 1837 (c. 88)
Section 3.

40

Criminal Justice Bill
Schedule 28 — Repeals
Part 6 — Sentencing: general
    311

Short title and chapter
Extent of repeal

Children and Young Persons
In section 16(3), the words “mandatory and”.

Act 1933 (c. 12)

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

“suspended sentence” and subsection (2).

5

Criminal Appeal Act 1968
In section 10—

(c. 19)
     (a)    subsection (2)(c) and the word “or”

immediately preceding it, and

     (b)    subsection (3)(cc).

Section 11(4).

10

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

(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).

15

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

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

20

“1997”.

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

25

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

Children Act 1989 (c. 41)
In section 68(2)(d), the words “a probation order

has been made in respect of him or he has

been”.

In Schedule 9A, in paragraph 4(2)(g), the words

30

“placed on probation or”.

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

Section 65.

Schedule 5.

In Schedule 12—

35

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

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

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

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

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

40

Criminal Procedure (Scotland)
In section 234—

Act 1995 (c. 46)
     (a)    in subsection (2), the words from “but

does not” to the end,

     (b)    subsection (5)(b) and the word “and”

immediately preceding it, and

45

     (c)    subsection (11).

Criminal Justice Bill
Schedule 28 — Repeals
Part 6 — Sentencing: general
    312

Short title and chapter
Extent of repeal

Crime (Sentences) Act 1997
Sections 35 and 40.

(c. 43)
In Schedule 4, paragraphs 6(2), 7, 12(1) and

15(10).

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

5

(c. 37)
In section 38(4)(i), the words “section 37(4A) or

65 of the 1991 Act or”.

Sections 59 and 60.

Sections 80 to 82.

Sections 99 and 100.

10

Sections 101(1).

Sections 103 to 105.

In Schedule 7, paragraph 50.

In Schedule 8, paragraphs 11, 13(2), 79 to 84, 86

to 91, 94, 97 and 132.

15

Access to Justice Act 1999 (c. 22)
Section 58(5).

Powers of Criminal Courts
Section 6(4)(d).

(Sentencing) Act 2000 (c. 6)
Section 12(4).

Sections 34 to 36A.

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

20

subsection (9), the words from “a community

punishment order” to “a drug abstinence

order”.

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

words “who on conviction is under 16” and

25

subsection (10).

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

the words “who on conviction is under 16”

and subsection (10).

Sections 41 to 59.

30

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

and the word “or” immediately preceding it.

Section 62.

Section 69(11).

Section 73(7).

35

Sections 78 to 82.

Section 84.

Section 85.

Sections 87 and 88.

Section 100(4).

40

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

45

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

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

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

offence,”.

In section 115, the word “109”,.

50

Sections 116 and 117.

Sections 118 to 125.

Sections 126 to 129.

Sections 151 to 153.

Sections 156 to 158.

55

Criminal Justice Bill
Schedule 28 — Repeals
Part 6 — Sentencing: general
    313

Short title and chapter
Extent of repeal

Powers of Criminal Courts
In section 159, the words “, 121(1) or 123(1)” and

(Sentencing) Act 2000 (c. 6)—
“paragraph 6(6) of Schedule 4 to this Act,”.

cont.
Section 160(4).

Section 161(2) to (4).

5

Section 162.

In section 163, in the definition of “affected

person”, paragraphs (b) and (c), the

definitions of “the appropriate officer of the

court”, “community punishment and

10

rehabilitation order”, “community

rehabilitation order”, “community

rehabilitation period”, “community

punishment order”, in the definition of

“curfew order”, the words “section 59 above

15

or”, “or section 35 of the Crime (Sentences)

Act 1997”, “section 59 or” and “or the said

section 35,”, the definitions of “drug

abstinence order”, “drug treatment and

testing order”, “falling to be imposed under

20

section 109(2), 110(2) or 11(2)”, “pre-sentence

report”, “protecting the public from serious

harm”’, in the definition of “responsible

officer”, paragraphs (b) to (ee) and the words

from “except that” to “that section;”, the

25

definitions of “review hearing”, “sexual

offence”, “specified Class A drug”,

“suspended sentence supervision order”, “the

testing requirement”, “the treatment

provider”, “the treatment requirement”, “the

30

treatment and testing period”, “trigger

offence” and “violent offence”.

Section 164(3).

Section 168(2).

Schedule 2.

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