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|
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| (4) | After paragraph (a) of that subsection there is inserted— |
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| “(aa) | in the case of an application for leave to appeal, the matter |
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| is relevant to the determination of the application and |
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| ought, if possible, to be resolved before the application is |
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| |
| (5) | After that subsection there is inserted— |
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| “(1A) | A direction under subsection (1) above may not be given by a single |
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| judge, notwithstanding that, in the case of an application for leave |
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| to appeal, the application may be determined by a single judge as |
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| provided for by section 45 below.” |
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| (6) | After subsection (4) there is inserted— |
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| “(5) | In this section “respondent” includes a person who will be a |
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| respondent if leave to appeal is granted.”” |
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239 | Insert the following new Clause— |
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| “Appeals following reference by Criminal Cases Review Commission |
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| (1) | Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about |
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| references by Criminal Cases Review Commission) is amended as follows. |
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| (2) | After subsection (4) there is inserted— |
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| “(4A) | Subject to subsection (4B), where a reference under section 9 or 10 |
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| is treated as an appeal against any conviction, verdict, finding or |
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| sentence, the appeal may not be on any ground which is not related |
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| to any reason given by the Commission for making the reference. |
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| (4B) | The Court of Appeal may give leave for an appeal mentioned in |
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| subsection (4A) to be on a ground relating to the conviction, verdict, |
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| finding or sentence which is not related to any reason given by the |
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| Commission for making the reference.” |
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| (3) | In subsection (5) for “any of sections 9 to” there is substituted “section 11 |
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| |
240 | Insert the following new Clause— |
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|
|
|
|
| “Power to substitute conviction of alternative offence on appeal in England and |
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| |
| (1) | The Criminal Appeal Act 1968 (c. 19) is amended as follows. |
|
| (2) | In section 3 (power to substitute conviction of alternative offence) in |
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| subsection (1) after “an offence” there is inserted “to which he did not plead |
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| |
| (3) | After section 3 there is inserted— |
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| “3A | Power to substitute conviction of alternative offence after guilty |
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| |
| (1) | This section applies on an appeal against conviction where— |
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| (a) | an appellant has been convicted of an offence to which he |
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| |
| (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 |
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| 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 |
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| of the other offence and pass such sentence in substitution for the |
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| sentence passed at the trial as may be authorised by law for the |
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| 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 |
|
| |
| (1) | The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as |
|
| |
| (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 |
|
| |
| (3) | After section 3 there is inserted— |
|
| “3A | Power to substitute conviction of alternative offence after guilty |
|
| |
| (1) | This section applies where— |
|
| (a) | an appellant has been convicted of an offence to which he |
|
| |
| (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 |
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|
|
|
|
| other offence and pass such sentence in substitution for the |
|
| sentence passed at the trial as may be warranted in law by the plea |
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| |
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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
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) |
|
| |
| “(3) | An offender dealt with for an offence before the Crown Court in a |
|
| proceeding to which subsection (2) of this section applies may |
|
|
|
|
|
| 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.”” |
|
|
244 | Page 169, line 5, at end insert— |
|
| “( ) | every local education authority any part of whose area falls within |
|
| |
245 | Page 169, line 24, at end insert— |
|
| “ “local education authority” has the same meaning as in the Education Act 1996 |
|
| |
|
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 |
|
| |
|
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 |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
|
|
| (b) | in all the circumstances, the defendant’s act was grossly |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| (a) | the reference to trespass to the person is a reference to— |
|
| |
| |
| (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.” |
|
|
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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|