(59-65)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  59  )
301
Page 202, line 25, leave out sub-paragraph (3) and insert—

     “( )
In paragraph 2—

(a)
in sub-paragraph (1)—

(i)
after “51” there is inserted “or 51A”,

(ii)
for ““subsection (7) of that section” there is substituted

“section 51D(1) of this Act”,

(b)
sub-paragraphs (4) and (5) are omitted.

      ( )
In paragraph 4, in sub-paragraph (1)(a), after “51” there is inserted “or

51A”.

      ( )
In paragraph 5, in sub-paragraph (2), after “51” there is inserted “or

51A”.

      ( )
Paragraph 6 is amended as follows—

(a)
in sub-paragraph (1), after “51” there is inserted “or 51A”,

(b)
in sub-paragraph (2), for the words from the second “offence” to

the end there is substituted “indictable offence for which he was

sent for trial or, as the case may be, any of the indictable offences

for which he was so sent”, and

(c)
in sub-paragraph (9), for “indictable-only” there is substituted

“indictable”.”
302
Page 202, line 29, at end insert—

“( )
in sub-paragraph (3), after “each” there is inserted “remaining”,”
303
Page 203, line 5, at end insert—

“( )
in sub-paragraph (2)(a), after “each” there is inserted

“remaining”,”
304
Page 206, line 31, leave out “or (2)”
305
Page 208, line 19, leave out “or (2)”
306
Page 210, line 5, at end insert—

“Part 2

minor and consequential amendments

“Territorial Waters Jurisdiction Act 1878 (c.73)

29
In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as

to procedure), in the paragraph beginning “Proceedings before a justice

of the peace”, for the words from the beginning to “his trial” there is

substituted—


“Any stage of proceedings—

(a)
before the summary trial of the offence; or

(b)
before the offender has been sent for trial for the offence,”.

Bankers’ Books Evidence Act 1879 (c.11)

30    (1)
The Bankers’ Books Evidence Act 1879 is amended as follows.

      (2)
In section 4 (proof that book is a banker’s book), the paragraph

beginning “Where the proceedings” is omitted.

(  60  )

      (3)
In section 5 (verification of copy), the paragraph beginning “Where the

proceedings” is omitted.

Explosive Substances Act 1883 (c.3)

31
In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-

General, and apprehension of absconding witnesses), subsection (3) is

omitted.

Criminal Justice Act 1925 (c.86)

32
In section 49 of the Criminal Justice Act 1925 (interpretation, etc),

subsection (2) is omitted.

Children and Young Persons Act 1933 (c.12)

33
In section 42 of the Children and Young Persons Act 1933 (extension of

power to take deposition of child or young person), in subsection (2)(a),

for “committed” in both places there is substituted “sent”.”

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

34    (1)
Section 2 of the Administration of Justice (Miscellaneous Provisions) Act

1933 (procedure for indictment of offenders) is amended as follows.

      (2)
In subsection (2)—

(a)
in paragraph (a), for “committed” there is substituted “sent”,

(b)
paragraphs (aa) to (ac) are omitted,

(c)
for paragraph (i) there is substituted—

“(i)
where the person charged has been sent for trial,

the bill of indictment against him may include,

either in substitution for or in addition to any

count charging an offence specified in the notice

under section 57D(1) of the Crime and Disorder

Act 1998, any counts founded on material which,

in pursuance of regulations made under

paragraph 1 of Schedule 3 to that Act, was served

on the person charged, being counts which may

lawfully be joined in the same indictment;”,

(d)
paragraphs (iA) and (iB) are omitted,

(e)
in paragraph (ii), for “the committal” there is substituted “such

notice”, and

(f)
the words from “and in paragraph (iA)” to the end are omitted.

      (3)
In subsection (3)(b), for “committed” there is substituted “sent”.

Criminal Justice Act 1948 (c.58)

35    (1)
The Criminal Justice Act 1948 is amended as follows.

      (2)
In section 27 (remand and committal of persons aged 17 to 20), in

subsection (1), for “commits him for trial or” there is substituted “sends

him to the Crown Court for trial or commits him there for”.

      (3)
In section 41 (evidence by certificate), subsection (5A) is omitted.

      (4)
In section 80 (interpretation), the definition of “Court of summary

jurisdiction” is omitted.

(  61  )

Prison Act 1952 (c. 52)

36
Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii)

of Schedule 7 to, the Criminal Justice and Court Services Act 2000,

paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection

(2), of section 43 of the Prison Act 1952 (remand centres, detention

centres and youth custody centres) are to have effect as if references to

being committed for trial were references to being sent for trial.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

37
In section 187 of the Army Act 1955 (proceedings before a civil court

where persons suspected of illegal absence), at the end of subsection (4)

there is inserted—


“The references in this subsection to provisions of the

Magistrates’ Courts Act 1980 and to corresponding enactments

are to be taken to refer to those provisions and enactments as if

no amendment to them had been made by the Criminal Justice

Act 2003.”

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

38
In section 187 of the Air Force Act 1955 (proceedings before a civil court

where persons suspected of illegal absence), at the end of subsection (4)

there is inserted—


“The references in this subsection to provisions of the

Magistrates’ Courts Act 1980 and to corresponding enactments

are to be taken to refer to those provisions and enactments as if

no amendment to them had been made by the Criminal Justice

Act 2003.”

Geneva Conventions Act 1957(c.52)

39
In section 5 of the Geneva Conventions Act 1957 (reduction of sentence

and custody of protected persons)—

(a)
in subsection (1), for “committal” there is substituted “having

been sent”,

(b)
in subsection (2), for “committal”, where it first appears, there is

substituted “having been sent”.

Naval Discipline Act 1957 (c. 53)

40
In section 109 of the Naval Discipline Act 1957 (proceedings before

summary courts), at the end of subsection (4) there is inserted—


“The references in this subsection to provisions are to be taken to

refer to those provisions as if no amendment to them had been

made by the Criminal Justice Act 2003.”

Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

41
In paragraph 4 of the Schedule to the Backing of Warrants (Republic of

Ireland) Act 1965 (supplementary procedures as to proceedings under

section 2)—

(a)
the words “and section 2 of the Poor Prisoners Defence Act 1930

(legal aid before examining justices)” are omitted, and

(  62  )

(b)
for “it had determined not to commit for trial” there is substituted

“the offence were to be dealt with summarily and the court had

dismissed the information”.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

42
In section 2 of the Criminal Procedure (Attendance of Witnesses) Act

1965 (issue of witness summons on application to Crown Court)—

(a)
for subsection (4) there is substituted—

“(4)
Where a person has been sent for trial for any offence to

which the proceedings concerned relate, an application

must be made as soon as is reasonably practicable after

service on that person, in pursuance of regulations made

under paragraph 1 of Schedule 3 to the Crime and

Disorder Act 1998, of the documents relevant to that

offence.”, and

(b)
subsection (5) is omitted.”

Criminal Justice Act 1967 (c. 80)

43    (1)
The Criminal Justice Act 1967 is amended as follows.

      (2)
In section 9 (proof by written statement), in subsection (1), the words “,

other than committal proceedings,” are omitted.

      (3)
In section 36 (interpretation), in subsection (1), the definition of

“committal proceedings” is omitted.

Criminal Appeal Act 1968 (c. 19)

44    (1)
The Criminal Appeal Act 1968 is amended as follows.

      (2)
In section 1 (right of appeal), in subsection (3), for “committed him” there

is substituted “sent him to the Crown Court”.

      (3)
In section 9 (appeal against sentence following conviction on

indictment), in subsection (2), the words from “section 41” to “either way

offence” are omitted.

Firearms Act 1968 (c. 27)

45
In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of

offences), in Part 2, paragraph 3 is omitted.

Theft Act 1968 (c. 60)

46
In section 27 of the Theft Act 1968 (evidence and procedure on charge of

theft or handling stolen goods), subsection (4A) is omitted.

Criminal Justice Act 1972 (c. 71)

47
In section 46 of the Criminal Justice Act 1972 (admissibility of written

statements outside England and Wales), subsections (1A) to (1C) are

omitted.

(  63  )

Bail Act 1976 (c.63)

48    (1)
The Bail Act 1976 is amended as follows.

      (2)
In section 3 (general provisions)—

(a)
in subsection (8)—

(i)
for “committed” there is substituted “sent”, and

(ii)
after “for trial or” there is inserted “committed him on

bail to the Crown Court”, and

(b)
subsections (8A) and (8B), and the subsection (10) inserted by

paragraph 12(b) of Schedule 9 to the Criminal Justice and Public

Order Act 1994 (c. 33), are omitted.

      (3)
In section 5 (supplementary provisions about decisions on bail)—

(a)
in subsection (6)(a), for “committing” there is substituted

“sending”, and

(b)
in subsection (6A)(a)—

(i)
after “under” there is inserted “section 52(5) of the Crime

and Disorder Act 1998,”,

(ii)
sub-paragraph (i) is omitted,

(iii)
after sub-paragraph (ii) there is inserted—

“(iia)
section 17C (intention as to plea:

adjournment);”, and

(iv)
at the end of sub-paragraph (iii) there is inserted “or

(iv)
section 24C (intention as to plea by

child or young person:

adjournment),”.

      (4)
In section 6 (offence of absconding by person released on bail), in

subsection (6)(b), for “commits” there is substituted “sends”.

      (5)
In section 9 (offence of agreeing to indemnify sureties in criminal

proceedings), in subsection (3)(b), for “commits” there is substituted

“sends”.

Interpretation Act 1978 (c. 30)

49
In Schedule 1 to the Interpretation Act 1978 (words and expressions

defined)—

(a)
in the definition of “Committed for trial”, paragraph (a) is

omitted,

(b)
after the entry for “Secretary of State” there is inserted—


““Sent for trial” means, in relation to England and Wales,

sent by a magistrates’ court to the Crown Court for trial

pursuant to section 51 or 51A of the Crime and Disorder

Act 1998.”

Customs and Excise Management Act 1979 (c.2)

50
In section 147 of the Customs and Excise Management Act 1979

(proceedings for offences), subsection (2) is omitted.

Magistrates’ Courts Act 1980 (c. 43)

51    (1)
The Magistrates’ Courts Act 1980 is amended as follows.

(  64  )

      (2)
In section 2, as substituted by the Courts Act 2003 (trial of summary

offences), in subsection (2), for “as examining justices over” there is

substituted “under sections 51 and 51A of the Crime and Disorder Act

1998 in respect of”.

      (3)
Sections 4 to 8 (which relate to committal proceedings) shall cease to

have effect and the cross-heading preceding section 4 is omitted.

      (4)
In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-

trial hearing), in subsection (6), the words “commits or” are omitted.

      (5)
In section 29 (power of magistrates’ court to remit a person under 17 for

trial to a juvenile court in certain circumstances), in subsection (2)(b)(i),

for the words from “proceeds” to the end there is substituted “sends him

to the Crown Court for trial under section 51 or 51A of the Crime and

Disorder Act 1998; and”.

      (6)
The following sections shall cease to have effect—

(a)
section 97A (summons or warrant as to committal proceedings),

(b)
section 103 (evidence of persons under 14 in committal

proceedings for assault, sexual offences etc), and

(c)
section 106 (false written statements tendered in evidence).

      (7)
In section 128 (remand in custody or on bail)—

(a)
in subsection (1)(b), the words “inquiring into or” are omitted,

(b)
in subsection (1A)(a)—

(i)
“5,” is omitted, and

(ii)
for “or 18(4)” there is substituted “, 18(4) or 24C”,

(c)
in subsection (3A)—

(i)
“5,” is omitted, and

(ii)
for “or 18(4)” there is substituted “, 18(4) or 24C”,

(d)
in subsection (3C)(a)—

(i)
“5,” is omitted, and

(ii)
for “or 18(4)” there is substituted “, 18(4) or 24C”, and

(e)
in subsection (3E)(a)—

(i)
“5,” is omitted, and

(ii)
for “or 18(4)” there is substituted “, 18(4) or 24C”.

      (8)
In section 129 (further remand), in subsection (4)—

(a)
for “commits a person” there is substituted “sends a person to the

Crown Court”, and

(b)
for “committed” there is substituted “sent”.

      (9)
In section 130 (transfer of remand hearings), in subsection (1)—

(a)
“5,” is omitted, and

(b)
for “or 18(4)” there is substituted “, 18(4) or 24C”.

     (10)
In section 145 (rules: supplementary provisions), in subsection (1),

paragraph (f) is omitted.

     (11)
In section 150 (interpretation of other terms), in subsection (1), the

definition of “committal proceedings” is omitted.

     (12)
In section 155 (short title, extent and commencement), in subsection

(2)(a), the words “8 (except subsection (9))” are omitted.

     (13)
In Schedule 3 (corporations)—

(a)
in paragraph 2, sub-paragraph (a) is omitted,

(  65  )

(b)
in paragraph 6, for “inquiry into, and trial of,” there is substituted

“trial of”.

     (14)
In Schedule 5 (transfer of remand hearings)—

(a)
paragraph 2 is omitted, and

(b)
in paragraph 5, for “5, 10 or 18(4)” there is substituted “10, 17C,

18(4) or 24C”.

Criminal Attempts Act 1981 (c.47)

52
In section 2 of the Criminal Attempts Act 1981 (application of procedures

and other provisions to offences under section 1), in subsection (2)(g), the

words “or committed for trial” are omitted.

Contempt of Court Act 1981 (c.49)

53
In section 4 of the Contempt of Court Act 1981 (contemporary reports of

proceedings), in subsection (3), for paragraph (b) there is substituted—

“(b)
in the case of a report of allocation or sending

proceedings of which publication is permitted by virtue

only of subsection (6) of section 52A of the Crime and

Disorder Act 1998 (“the 1998 Act”), if published as soon as

practicable after publication is so permitted;

(c)
in the case of a report of an application of which

publication is permitted by virtue only of sub-paragraph

(5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if

published as soon as practicable after publication is so

permitted.”

Supreme Court Act 1981 (c. 54)

54    (1)
The Supreme Court Act 1981 is amended as follows.

      (2)
In section 76 (committal for trial: alteration of place of trial)—

(a)
in subsection (1), for the words from “varying” (where it first

appears) to “to Crown Court)” there is substituted “substituting

some other place for the place specified in a notice under section

51D(1) of the Crime and Disorder Act 1998 (a “section 51D

notice”)”,

(b)
in subsection (3), for the words “fixed by the magistrates’ court,

as specified in a notice under a relevant transfer provision” there

is substituted “specified in a section 51D notice”,

(c)
subsection (5) is omitted, and

(d)
in the heading, for “Committal” there is substituted “Sending”.

      (3)
In section 77 (committal for trial: date of trial)—

(a)
in subsection (1), for “committal for trial or the giving of a notice

of transfer under a relevant transfer provision” there is

substituted “being sent for trial”,

(b)
in subsection (2), for “committed by a magistrates’ court or in

respect of whom a notice of transfer under a relevant transfer

provision has been given” there is substituted “sent for trial”,

(c)
in subsection (3), for “of committal for trial or of a notice of

transfer” there is substituted “when the defendant is sent for

trial”,

(d)
subsection (4) is omitted, and