(66-72)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  66  )

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

      (4)
In section 80 (process to compel appearance), in subsection (2), for

“committed” there is substituted “sent”.

      (5)
In section 81—

(a)
in subsection (1)—

(i)
in paragraph (a)—

(a)
the words “who has been committed in custody

for appearance before the Crown Court or in

relation to whose case a notice of transfer has been

given under a relevant transfer provision or” are

omitted, and

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

(ii)
in paragraph (g), sub-paragraph (i) is omitted, and

(b)
subsection (7) is omitted.

Mental Health Act 1983 (c.20)

55    (1)
The Mental Health Act 1983 is amended as follows.

      (2)
In section 43 (power of magistrates’ court to commit for restriction

order), for subsection (4) there is substituted—

“(4)
The powers of a magistrates’ court under section 3 or 3B of the

Powers of Criminal Courts (Sentencing) Act 2000 (which enable

such a court to commit an offender to the Crown Court where the

court is of the opinion, or it appears to the court, as mentioned in

the section in question) shall also be exercisable by a magistrates’

court where it is of that opinion (or it so appears to it) unless a

hospital order is made in the offender’s case with a restriction

order.”

      (3)
In section 52 (further provisions as to persons remanded by magistrates’

courts)—

(a)
in subsection (2), for “committed” there is substituted “sent”,

(b)
in subsection (5), for “committed” there is substituted “sent”,

(c)
in subsection (6), for “committed” there is substituted “sent”, and

(d)
in subsection (7), for the words from “inquire” to “1980” there is

substituted “send him to the Crown Court for trial under section

51 or 51A of the Crime and Disorder Act 1998”, and in paragraph

(b) of that subsection, the words “where the court proceeds under

subsection (1) of that section” are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

56    (1)
The Police and Criminal Evidence Act 1984 is amended as follows.

      (2)
In section 62 (intimate samples), in subsection (10)—

(a)
sub-paragraph (i) of paragraph (a) is omitted, and

(b)
in paragraph (aa), for sub-paragraphs (i) and (ii) there is

substituted “paragraph 2 of Schedule 3 to the Crime and

Disorder Act 1998 (applications for dismissal); and”.

      (3)
In section 71 (microfilm copies), the paragraph beginning “Where the

proceedings” is omitted.

      (4)
In section 76 (confessions), subsection (9) is omitted.

(  67  )

      (5)
In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Prosecution of Offences Act 1985 (c. 23)

57    (1)
The Prosecution of Offences Act 1985 is amended as follows.

      (2)
In section 7A (powers of non-legal staff), for subsection (6) there is

substituted—

“(6)
This section applies to an offence if it is triable only on indictment

or is an offence for which the accused has been sent for trial.”

      (3)
In section 16 (defence costs)—

(a)
in subsection (1), paragraph (b) is omitted, and

(b)
in subsection (2)—

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

“sent”, and

(ii)
paragraph (aa) is omitted, and

(c)
subsection (12) is omitted.

      (4)
In section 21 (interpretation), in subsection (6)(b), for “committed” there

is substituted “sent”.

      (5)
In section 22 (power of Secretary of State to set time limits in relation to

preliminary stages of criminal proceedings), in subsection (11)—

(a)
in paragraph (a) of the definition of “appropriate court”, for

“committed for trial, sent for trial under section 51 of the Crime

and Disorder Act 1998” there is substituted “sent for trial”,

(b)
for the definition of “custody of the Crown Court” there is

substituted—


““custody of the Crown Court” includes custody to which a

person is committed in pursuance of—

(a)
section 43A of the Magistrates’ Courts Act 1980

(magistrates’ court dealing with a person

brought before it following his arrest in

pursuance of a warrant issued by the Crown

Court); or

(b)
section 52 of the Crime and Disorder Act 1998

(provisions supplementing section 51);”.

      (6)
In section 23 (discontinuance of proceedings in magistrates’ court), in

subsection (2), for paragraphs (a) to (c) there is substituted—

“(a)
any stage of the proceedings after the court has begun to

hear evidence for the prosecution at a summary trial of

the offence; or

(b)
any stage of the proceedings after the accused has been

sent for trial for the offence.”

      (7)
In section 23A (discontinuance of proceedings after accused has been

sent for trial)—

(a)
in paragraph (b) of subsection (1), the words from “under” to

“1998” are omitted, and

(b)
in subsection (2), for “51(7)” there is substituted “51D(1)”.

Criminal Justice Act 1987 (c. 38)

58    (1)
The Criminal Justice Act 1987 is amended as follows.

(  68  )

      (2)
Sections 4 to 6 (which relate to the transfer of cases to the Crown Court)

shall cease to have effect.

      (3)
In section 11 (restrictions on reporting)—

(a)
in subsection (2), paragraph (a) is omitted,

(b)
subsection (3) is omitted,

(c)
in subsection (7), “(3),” is omitted,

(d)
in subsection (8), “(3),” is omitted,

(e)
subsections (9) and (10) are omitted,

(f)
in subsection (11), paragraphs (a) and (d) are omitted.

Coroners Act 1988 (c.13)

59    (1)
The Coroners Act 1988 is amended as follows.

      (2)
In section 16 (adjournment of inquest in event of criminal

proceedings)—

(a)
in subsection (1)(b), for “charged before examining justices with”

there is substituted “sent for trial for”, and

(b)
for subsection (8) there is substituted—

“(8)
In this section, the “relevant criminal proceedings” means

the proceedings—

(a)
before a magistrates’ court to determine whether

the person charged is to be sent to the Crown

Court for trial; or

(b)
before any court to which that person is sent for

trial.”

      (3)
In section 17 (provisions supplementary to section 16)—

(a)
in subsection (2), for “committed” there is substituted “sent”, and

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

Criminal Justice Act 1988 (c. 33)

60    (1)
The Criminal Justice Act 1988 is amended as follows.

      (2)
In section 23 (first-hand hearsay), subsection (5) is omitted.

      (3)
In section 24 (business etc documents), subsection (5) is omitted.

      (4)
In section 26 (statements in certain documents), the paragraph beginning

“This section shall not apply” is omitted.

      (5)
In section 27 (proof of statements contained in documents), the

paragraph beginning “This section shall not apply” is omitted.

      (6)
In section 30 (expert reports), subsection (4A) is omitted.

      (7)
In section 40 (power to join in indictment count for common assault etc),

in subsection (1)—

(a)
the words “were disclosed to a magistrates’ court inquiring into

the offence as examining justices or” are omitted,

(b)
after “51” there is inserted “or 51A”.

      (8)
Section 41 (power of Crown Court to deal with summary offence where

person committed for either way offence) shall cease to have effect.

(  69  )

Road Traffic Offenders Act 1988 (c.53)

61    (1)
The Road Traffic Offenders Act 1988 is amended as follows.

      (2)
In section 11 (evidence by certificate as to driver, user or owner),

subsection (3A) is omitted.

      (3)
In section 13 (admissibility of records as evidence), subsection (7) is

omitted.

      (4)
In section 16 (documentary evidence as to specimens), subsection (6A) is

omitted.

      (5)
In section 20 (speeding offences etc), subsection (8A) is omitted.

Criminal Justice Act 1991 (c. 53)

62    (1)
The Criminal Justice Act 1991 is amended as follows.

      (2)
Section 53 (notices of transfer in certain cases involving children) shall

cease to have effect.

      (3)
Schedule 6 (notices of transfer: procedures in lieu of committal) shall

cease to have effect.

Sexual Offences (Amendment) Act 1992 (c. 34)

63
In section 6 of the Sexual Offences (Amendment) Act 1992

(interpretation), in subsection (3)(c), for “commits him” there is

substituted “sends him to the Crown Court”.

Criminal Justice and Public Order Act 1994 (c. 33)

64    (1)
The Criminal Justice and Public Order Act 1994 is amended as follows.

      (2)
In section 34 (effect of accused’s failure to mention facts when

questioned or charged), in subsection (2)—

(a)
paragraph (a) is omitted, and

(b)
in paragraph (b), for sub-paragraphs (i) and (ii), there is

substituted “paragraph 2 of Schedule 3 to the Crime and

Disorder Act 1998”.

      (3)
In section 36 (effect of accused’s failure or refusal to account for objects,

substances or marks), in subsection (2)—

(a)
paragraph (a) is omitted, and

(b)
in paragraph (b), for sub-paragraphs (i) and (ii), there is

substituted “paragraph 2 of Schedule 3 to the Crime and

Disorder Act 1998”.

      (4)
In section 37 (effect of accused’s failure or refusal to account for presence

at a particular place), in subsection (2)—

(a)
paragraph (a) is omitted, and

(b)
in paragraph (b), for sub-paragraphs (i) and (ii), there is

substituted “paragraph 2 of Schedule 3 to the Crime and

Disorder Act 1998”.

(  70  )

Reserve Forces Act 1996 (c. 14)

65
In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees

without leave), in paragraph 3, after sub-paragraph (2) there is

inserted—

    “(2A)
The reference in sub-paragraph (2) to provisions of the

Magistrates’ Courts Act 1980 is to be taken to refer to those

provisions as if no amendment to them had been made by the

Criminal Justice Act 2003.”

Criminal Procedure and Investigations Act 1996 (c. 25)

66    (1)
The Criminal Procedure and Investigations Act 1996 is amended as

follows.

      (2)
In section 1 (application of this Part), in subsection (2)—

(a)
in paragraphs (a) to (c) are omitted, and

(b)
in paragraph (cc), the words from “under” to the end are omitted.

      (3)
In section 5 (compulsory disclosure by accused)—

(a)
in subsection (1), for “(2) to” there is substituted “(3A) and”,

(b)
subsections (2) and (3) are omitted, and

(c)
in subsection (3A), in paragraph (b), for “subsection (7) of section

51” there is substituted “subsection (1) of section 51D”.

      (4)
In section 13 (time limits: transitional), in subsection (1), paragraphs (a)

to (c) of the modified section 3(8) are omitted.

      (5)
In section 21 (common law rules as to disclosure), in subsection (3), for

paragraphs (b) and (c) there is substituted—

“(b)
the accused is sent for trial (where this Part applies by

virtue of section 1(2)(cc)),”.

      (6)
In section 28 (introduction to Part 3), in subsection (1)—

(a)
for paragraph (a) there is substituted—

“(a)
on or after the appointed day the accused is sent

for trial for the offence concerned,”, and

(b)
paragraph (b) is omitted.

      (7)
In section 39 (meaning of pre-trial hearing), in subsection (1), for

paragraph (a) there is substituted—

“(a)
after the accused has been sent for trial for the offence,

and”.

      (8)
Section 68 (use of written statements and depositions at trial) and

Schedule 2 (statements and depositions) shall cease to have effect.

Sexual Offences (Protected Material) Act 1997 (c. 39)

67
In section 9 of the Sexual Offences (Protected Material) Act 1997

(modification and amendment of certain enactments), subsection (1) is

omitted.

Crime and Disorder Act 1998 (c. 37)

68
The Crime and Disorder Act 1998 is amended as follows.

69
In section 52 (provisions supplementing section 51)—

(  71  )

(a)
in subsection (1), after “51” there is inserted “or 51A”,

(b)
in subsection (3), after “51” there is inserted “or 51A”,

(c)
in subsection (5), after “51” there is inserted “or 51A”,

(d)
in subsection (6), after “51” there is inserted “or 51A”, and

(e)
in the heading, after “51” there is inserted “and 51A”.

70
In section 121 (short title, commencement and extent), in subsection (8),

before “paragraphs 7(1)” there is inserted “paragraph 3 of Schedule 3 to

this Act, section 52(6) above so far as relating to that paragraph,”.

71
In paragraph 3 of Schedule 3 (reporting restrictions)—

(a)
in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great

Britain” there is substituted “the United Kingdom”,

(b)
in sub-paragraph (8), after paragraph (b) there is inserted—

“(bb)
where the application made by the accused

under paragraph 2(1) above relates to a charge

for an offence in respect of which notice has

been given to the court under section 51B of this

Act, any relevant business information;”,

(c)
after sub-paragraph (9) there is inserted—

“(9A)
The following is relevant business information for the

purposes of sub-paragraph (8) above—

(a)
any address used by the accused for carrying

on a business on his own account;

(b)
the name of any business which he was

carrying on on his own account at any relevant

time;

(c)
the name of any firm in which he was a partner

at any relevant time or by which he was

engaged at any such time;

(d)
the address of any such firm;

(e)
the name of any company of which he was a

director at any relevant time or by which he

was otherwise engaged at any such time;

(f)
the address of the registered or principal office

of any such company;

(g)
any working address of the accused in his

capacity as a person engaged by any such

company;


and here “engaged” means engaged under a contract of

service or a contract for services.”, and

(d)
after sub-paragraph (11) there is inserted—

“(11A)
Proceedings for an offence under this paragraph shall

not, in Northern Ireland, be instituted otherwise than

by or with the consent of the Attorney General for

Northern Ireland.”

72
In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in

sub-paragraph (12), for the definition of “the relevant date” there is

substituted—


““the relevant date” means the expiry of the period referred to in

paragraph 1(1) above.”

(  72  )

Youth Justice and Criminal Evidence Act 1999 (c. 23)

73    (1)
The Youth Justice and Criminal Evidence Act 1999 is amended as

follows.

      (2)
In section 27 (video recorded evidence in chief), subsection (10) is

omitted.

      (3)
In section 42 (interpretation and application of section 41), in subsection

(3)—

(a)
paragraphs (a) and (b) are omitted, and

(b)
in paragraph (c), after “51” there is inserted “or 51A”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

74    (1)
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as

follows.

      (2)
In section 8 (power and duty to remit young offenders to youth courts

for sentence), in subsection (2), for paragraph (a) there is substituted—

“(a)
if the offender was sent to the Crown Court for trial under

section 51 or 51A of the Crime and Disorder Act 1998, to

a youth court acting for the place where he was sent to the

Crown Court for trial;”.

      (3)
In section 89 (restriction on imposing imprisonment), in subsection (2)—

(a)
in paragraph (b), the words “trial or” are omitted, and

(b)
in paragraph (c), after “51” there is inserted “or 51A”.

      (4)
In section 140 (enforcement of fines etc), in subsection (1)(b)—

(a)
the words “was committed to the Crown Court to be tried or

dealt with or by which he” are omitted, and

(b)
after “51” there is inserted “or 51A”.

      (5)
In section 148 (restitution orders), in subsection (6), for paragraph (b)

there is substituted—

“(b)
such documents as were served on the offender in

pursuance of regulations made under paragraph 1 of

Schedule 3 to the Crime and Disorder Act 1998.”

      (6)
In Schedule 11, paragraph 9 is omitted.

Proceeds of Crime Act 2002 (c. 29)

75    (1)
The Proceeds of Crime Act 2002 is amended as follows.

      (2)
In section 6 (making of confiscation order), in subsection (2)(b), for

“section 3, 4 or 6” there is substituted “section 3, 3A, 3B, 3C, 4, 4A or 6”.

      (3)
In section 27 (defendant absconds after being convicted or committed),

in subsection (2)(b), for “section 3, 4 or 6” there is substituted “section 3,

3A, 3B, 3C, 4, 4A or 6”.

      (4)
In section 70 (committal by magistrates’ court), in subsection (5), after

“way)” there is inserted “or under section 3B(2) of that Act (committal of

child or young person)”.”
Before Schedule 4
307
Insert the following new Schedule—