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(  50  )

 
 

(4)   

After paragraph (a) of that subsection there is inserted—

 

“(aa)   

in the case of an application for leave to appeal, the matter

 

is relevant to the determination of the application and

 

ought, if possible, to be resolved before the application is

 

determined;”.

 

(5)   

After that subsection there is inserted—

 

“(1A)   

A direction under subsection (1) above may not be given by a single

 

judge, notwithstanding that, in the case of an application for leave

 

to appeal, the application may be determined by a single judge as

 

provided for by section 45 below.”

 

(6)   

After subsection (4) there is inserted—

 

“(5)   

In this section “respondent” includes a person who will be a

 

respondent if leave to appeal is granted.””

239

Insert the following new Clause—

 

“Appeals following reference by Criminal Cases Review Commission

 

(1)   

Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about

 

references by Criminal Cases Review Commission) is amended as follows.

 

(2)   

After subsection (4) there is inserted—

 

“(4A)   

Subject to subsection (4B), where a reference under section 9 or 10

 

is treated as an appeal against any conviction, verdict, finding or

 

sentence, the appeal may not be on any ground which is not related

 

to any reason given by the Commission for making the reference.

 

(4B)   

The Court of Appeal may give leave for an appeal mentioned in

 

subsection (4A) to be on a ground relating to the conviction, verdict,

 

finding or sentence which is not related to any reason given by the

 

Commission for making the reference.”

 

(3)   

In subsection (5) for “any of sections 9 to” there is substituted “section 11

 

or”.”

240

Insert the following new Clause—


 

(  51  )

 
 

“Power to substitute conviction of alternative offence on appeal in England and

 

Wales

 

(1)   

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

 

(2)   

In section 3 (power to substitute conviction of alternative offence) in

 

subsection (1) after “an offence” there is inserted “to which he did not plead

 

guilty”.

 

(3)   

After section 3 there is inserted—

 

“3A     

Power to substitute conviction of alternative offence after guilty

 

plea

 

(1)   

This section applies on an appeal against conviction where—

 

(a)   

an appellant has been convicted of an offence to which he

 

pleaded guilty,

 

(b)   

if he had not so pleaded, he could on the indictment have

 

pleaded, or been found, guilty of some other offence, and

 

(c)   

it appears to the Court of Appeal that the plea of guilty

 

indicates an admission by the appellant of facts which prove

 

him guilty of the other offence.

 

(2)   

The Court of Appeal may, instead of allowing or dismissing the

 

appeal, substitute for the appellant’s plea of guilty a plea of guilty

 

of the other offence and pass such sentence in substitution for the

 

sentence passed at the trial as may be authorised by law for the

 

other offence, not being a sentence of greater severity.””

241

Insert the following new Clause—

 

“Power to substitute conviction of alternative offence on appeal in Northern

 

Ireland

 

(1)   

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as

 

follows.

 

(2)   

In section 3 (power to substitute conviction of alternative offence) in

 

subsection (1) after “an offence” there is inserted “to which he did not plead

 

guilty”.

 

(3)   

After section 3 there is inserted—

 

“3A     

Power to substitute conviction of alternative offence after guilty

 

plea

 

(1)   

This section applies where—

 

(a)   

an appellant has been convicted of an offence to which he

 

pleaded guilty,

 

(b)   

if he had not so pleaded, he could on the indictment have

 

pleaded, or been found, guilty of some other offence, and

 

(c)   

it appears to the Court of Appeal that the plea of guilty

 

indicates an admission by the appellant of facts which prove

 

him guilty of that other offence.

 

(2)   

The Court may, instead of allowing or dismissing the appeal,

 

substitute for the appellant’s plea of guilty a plea of guilty of that


 

(  52  )

 
 

other offence and pass such sentence in substitution for the

 

sentence passed at the trial as may be warranted in law by the plea

 

so substituted.””

242

Insert the following new Clause—

 

“Substitution of conviction on different charge on appeal from court- martial

 

(1)   

The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

 

(2)   

In section 14 (substitution of conviction on different charge) in subsection

 

(1) after “an offence” there is inserted “to which he did not plead guilty”.

 

(3)   

After section 14 there is inserted—

 

“14A    

Substitution of conviction on different charge after guilty plea

 

(1)   

This section applies where—

 

(a)   

an appellant has been convicted of an offence to which he

 

pleaded guilty,

 

(b)   

if he had not so pleaded, he could lawfully have pleaded, or

 

been found, guilty of some other offence, and

 

(c)   

it appears to the Appeal Court on an appeal against

 

conviction that the plea of guilty indicates an admission by

 

the appellant of facts which prove him guilty of that other

 

offence.

 

(2)   

The Appeal Court may, instead of allowing or dismissing the

 

appeal, substitute for the appellant’s plea of guilty a plea of guilty

 

of the other offence, and may pass on the appellant, in substitution

 

for the sentence passed on him by the court-martial, such sentence

 

as they think proper, being a sentence warranted by the relevant

 

Service Act for that other offence, but not a sentence of greater

 

severity.””

243

Insert the following new Clause—

 

“Appeals against sentences in England and Wales

 

(1)   

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

 

(2)   

In section 10 (appeal against sentence in certain cases) for subsection (3)

 

there is substituted—

 

“(3)   

An offender dealt with for an offence before the Crown Court in a

 

proceeding to which subsection (2) of this section applies may


 

(  53  )

 
 

appeal to the Court of Appeal against any sentence passed on him

 

for the offence by the Crown Court.”

 

(3)   

In section 11 (supplementary provisions as to appeal against sentence) after

 

subsection (6) there is inserted—

 

“(7)   

For the purposes of this section, any two or more sentences are to

 

be treated as passed in the same proceeding if—

 

(a)   

they are passed on the same day; or

 

(b)   

they are passed on different days but the court in passing

 

any one of them states that it is treating that one together

 

with the other or others as substantially one sentence.””

Clause 295

244

Page 169, line 5, at end insert—

 

“( )   

every local education authority any part of whose area falls within

 

the relevant area,”

245

Page 169, line 24, at end insert—

 

“  “local education authority” has the same meaning as in the Education Act 1996

 

(c. 56);”

Clause 297

246

Page 170, line 15, leave out “Part 1 of the Sex Offenders Act 1997” and insert “Part

 

2 of the Sexual Offences Act 2003”

247

Page 170, line 37, leave out “such”

248

Page 170, line 44, after “if” insert “(a)”

249

Page 170, line 46, at end insert “or

 

(b)    

an order under section 29A of that Act has been made in respect of

 

him.”

After Clause 298

250

Insert the following new Clause—

 

        

“Civil proceedings for trespass to the person brought by offender

 

(1)   

This section applies where—

 

(a)   

a person (“the claimant”) claims that another person (“the

 

defendant”) did an act amounting to trespass to the claimant’s

 

person, and

 

(b)   

the claimant has been convicted in the United Kingdom of an

 

imprisonable offence committed on the same occasion as that on

 

which the act is alleged to have been done.

 

(2)   

Civil proceedings relating to the claim may be brought only with the

 

permission of the court.

 

(3)   

The court may give permission for the proceedings to be brought only if

 

there is evidence that either—

 

(a)   

the condition in subsection (5) is not met, or


 

(  54  )

 
 

(b)   

in all the circumstances, the defendant’s act was grossly

 

disproportionate.

 

(4)   

If the court gives permission and the proceedings are brought, it is a

 

defence for the defendant to prove both—

 

(a)   

that the condition in subsection (5) is met, and

 

(b)   

that, in all the circumstances, his act was not grossly

 

disproportionate.

 

(5)   

The condition referred to in subsection (3)(a) and (4)(a) is that the

 

defendant did the act only because—

 

(a)   

he believed that the claimant—

 

(i)   

was about to commit an offence,

 

(ii)   

was in the course of committing an offence, or

 

(iii)   

had committed an offence immediately beforehand; and

 

(b)   

he believed that the act was necessary to—

 

(i)   

defend himself or another person,

 

(ii)   

protect or recover property,

 

(iii)   

prevent the commission or continuation of an offence, or

 

(iv)   

apprehend, or secure the conviction, of the claimant after he

 

had committed an offence;

 

   

or was necessary to assist in achieving any of those things.

 

(6)   

Subsection (4) is without prejudice to any other defence.

 

(7)   

Where—

 

(a)   

in service disciplinary proceedings, as defined by section 283(1), a

 

person has been found guilty of an offence under section 70 of the

 

Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act

 

1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act

 

1957 (c. 53), and

 

(b)   

the corresponding civil offence (within the meaning of that Act)

 

was an imprisonable offence,

 

   

he is to be treated for the purposes of this section as having been convicted

 

in the United Kingdom of the corresponding civil offence.

 

(8)   

In this section—

 

(a)   

the reference to trespass to the person is a reference to—

 

(i)   

assault,

 

(ii)   

battery, or

 

(iii)   

false imprisonment;

 

(b)   

references to a defendant’s belief are to his honest belief, whether or

 

not the belief was also reasonable;

 

(c)   

“court” means the High Court or a county court; and

 

(d)   

“imprisonable offence” means an offence which, in the case of a

 

person aged 18 or over, is punishable by imprisonment.”

Clause 299

251

Page 171, line 15, leave out from “power” to second “is”

252

Page 171, line 26, leave out “order” and insert “instrument”

253

Page 171, leave out line 31


 
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Revised 18 November 2003