|
|
|
|
| (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”. |
|
| |
| |
| |
| (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 |
|
| |
| (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 |
|
| |
| (3) | In section 52 (further provisions as to persons remanded by magistrates’ |
|
| |
| (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 |
|
| |
| (4) | In section 76 (confessions), subsection (9) is omitted. |
|
|
|
|
|
| (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 |
|
| |
| “(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 |
|
| |
| (i) | in paragraph (a), for “committed” there is substituted |
|
| |
| (ii) | paragraph (aa) is omitted, and |
|
| (c) | subsection (12) is omitted. |
|
| (4) | In section 21 (interpretation), in subsection (6)(b), for “committed” there |
|
| |
| (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 |
|
| |
| | ““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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (a) | in paragraph (b) of subsection (1), the words from “under” to |
|
| |
| (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. |
|
|
|
|
|
| (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. |
|
| |
| 59 (1) | The Coroners Act 1988 is amended as follows. |
|
| (2) | In section 16 (adjournment of inquest in event of criminal |
|
| |
| (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 |
|
| |
| (a) | before a magistrates’ court to determine whether |
|
| the person charged is to be sent to the Crown |
|
| |
| (b) | before any court to which that person is sent for |
|
| |
| (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), |
|
| |
| (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. |
|
|
|
|
|
| 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 |
|
| |
| (4) | In section 16 (documentary evidence as to specimens), subsection (6A) is |
|
| |
| (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 |
|
| |
| (3) | Schedule 6 (notices of transfer: procedures in lieu of committal) shall |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
|
|
| 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 |
|
| |
| “(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 |
|
| |
| (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, |
|
| |
| (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 |
|
| |
| 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)— |
|
|
|
|
|
| (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 |
|
| |
| (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 |
|
| |
| (g) | any working address of the accused in his |
|
| capacity as a person engaged by any such |
|
| |
| | 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 |
|
| |
| 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 |
|
| |
| | ““the relevant date” means the expiry of the period referred to in |
|
| |
|
|
|
|
| Youth Justice and Criminal Evidence Act 1999 (c. 23) |
|
| 73 (1) | The Youth Justice and Criminal Evidence Act 1999 is amended as |
|
| |
| (2) | In section 27 (video recorded evidence in chief), subsection (10) is |
|
| |
| (3) | In section 42 (interpretation and application of section 41), in subsection |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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) |
|
| |
| “(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, |
|
| |
| (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)”.” |
|
|
307 | Insert the following new Schedule— |
|
|