|
| |
| |
(b) | if the judge of the court of trial grants a certificate that the case |
| |
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16B | Disposal of appeal under s. 16A |
| |
(1) | If on an appeal under section 16A of this Act the Court of Appeal |
| |
consider that the appellant should be dealt with differently from the |
| 5 |
way in which the court below dealt with him— |
| |
(a) | they may quash any order which is the subject of the appeal; |
| |
| |
(b) | they may make such order, whether by substitution for the |
| |
original order or by variation of or addition to it, as they think |
| 10 |
appropriate for the case and as the court below had power to |
| |
| |
(2) | The fact that an appeal is pending against an interim hospital order |
| |
under the Mental Health Act 1983 shall not affect the power of the court |
| |
below to renew or terminate the order or deal with the appellant on its |
| 15 |
| |
(3) | Where the Court of Appeal make an interim hospital order by virtue of |
| |
| |
(a) | the power of renewing or terminating it and of dealing with the |
| |
appellant on its termination shall be exercisable by the court |
| 20 |
below and not by the Court of Appeal; and |
| |
(b) | the court below shall be treated for the purposes of section 38(7) |
| |
of the said Act of 1983 (absconding offenders) as the court that |
| |
| |
(4) | The fact that an appeal is pending against a supervision order under |
| 25 |
section 5 of the Criminal Procedure (Insanity) Act 1964 shall not affect |
| |
the power of the court below to revoke the order, or of a magistrates’ |
| |
court to revoke or amend it. |
| |
(5) | Where the Court of Appeal make a supervision order by virtue of this |
| |
section, the power of revoking or amending it shall be exercisable as if |
| 30 |
the order had been made by the court below.” |
| |
Amendments of the Criminal Justice Act 2003 |
| |
| |
(1) | In section 58(13) of the Criminal Justice Act 2003 (which defines “applicable |
| |
time”), for “start of the judge’s” substitute “time when the judge starts his”. |
| 35 |
(2) | After section 58(13) of that Act insert— |
| |
“(14) | The reference in subsection (13) to the time when the judge starts his |
| |
summing-up to the jury includes the time when the judge would start |
| |
his summing-up to the jury but for the making of an order under Part |
| |
| 40 |
| |
Schedule 3 (intermittent custody) has effect. |
| |
| |
| |
|
| |
| |
| |
| |
| |
21 | Code of practice for victims |
| |
(1) | The Secretary of State must issue a code of practice as to the services to be |
| 5 |
provided to a victim of criminal conduct by persons appearing to him to have |
| |
| |
(a) | victims of criminal conduct, or |
| |
(b) | any aspect of the criminal justice system. |
| |
(2) | The code may restrict the application of its provisions to— |
| 10 |
(a) | specified descriptions of victims; |
| |
(b) | victims of specified offences or descriptions of conduct; |
| |
(c) | specified persons or descriptions of persons appearing to the Secretary |
| |
of State to have functions of the kind mentioned in subsection (1). |
| |
(3) | The code may include provision requiring or permitting the services which are |
| 15 |
to be provided to a victim to be provided to one or more others— |
| |
(a) | instead of the victim (for example where the victim has died); |
| |
(b) | as well as the victim. |
| |
(4) | The code may make different provision for different purposes, including |
| |
| 20 |
(a) | different descriptions of victims; |
| |
(b) | persons who have different functions or descriptions of functions; |
| |
| |
(5) | The code may not require anything to be done by— |
| |
(a) | a person acting in a judicial capacity; |
| 25 |
(b) | a person acting in the discharge of a function of a member of the Crown |
| |
Prosecution Service which involves the exercise of a discretion. |
| |
(6) | In determining whether a person is a victim of criminal conduct for the |
| |
purposes of this section, it is immaterial that no person has been charged with |
| |
or convicted of an offence in respect of the conduct. |
| 30 |
| |
| “criminal conduct” means conduct constituting an offence; |
| |
| “specified” means specified in the code. |
| |
| |
(1) | Subsections (2) to (7) apply in relation to a code of practice required to be issued |
| 35 |
| |
(2) | The Secretary of State must prepare a draft of the code. |
| |
(3) | In preparing the draft the Secretary of State must consult the Attorney General |
| |
| |
(4) | After preparing the draft the Secretary of State must— |
| 40 |
| |
| |
|
| |
| |
| |
(b) | specify a period during which representations about the draft may be |
| |
| |
(5) | The Secretary of State must— |
| |
(a) | consider in consultation with the Attorney General and the Lord |
| 5 |
Chancellor any representations made to him before the end of the |
| |
specified period about the draft; |
| |
(b) | if he thinks it appropriate, modify the draft in the light of any such |
| |
| |
(6) | After the Secretary of State has proceeded under subsection (5) he must lay the |
| 10 |
| |
(7) | When he has laid the code before Parliament the Secretary of State must bring |
| |
it into operation on such day as he appoints by order. |
| |
(8) | The Secretary of State may from time to time revise a code previously brought |
| |
into operation under this section; and subsections (2) to (7) apply to a revised |
| 15 |
code as they apply to the code as first prepared. |
| |
(9) | But the Secretary of State may revise a code under subsection (8) only if it |
| |
appears to him that the proposed revisions would not result in— |
| |
(a) | a significant reduction in the quality or extent of the services to be |
| |
provided under the code, or |
| 20 |
(b) | a significant restriction in the description of persons to whom services |
| |
are to be provided under the code. |
| |
23 | Effect of non-compliance |
| |
(1) | If a person fails to perform a duty imposed on him by a code issued under |
| |
section 21, the failure does not of itself make him liable to criminal or civil |
| 25 |
| |
(2) | But the code is admissible in evidence in criminal or civil proceedings and a |
| |
court may take into account a failure to comply with the code in determining a |
| |
question in the proceedings. |
| |
Parliamentary Commissioner |
| 30 |
24 | Investigations by Parliamentary Commissioner |
| |
Schedule 4 (which amends the Parliamentary Commissioner Act 1967 (c. 13)) |
| |
| |
Commissioner for Victims and Witnesses |
| |
25 | Commissioner for Victims and Witnesses |
| 35 |
(1) | The Secretary of State must appoint a Commissioner for Victims and Witnesses |
| |
(referred to in this Part as the Commissioner). |
| |
(2) | Before appointing the Commissioner the Secretary of State must consult the |
| |
Attorney General and the Lord Chancellor as to the person to be appointed. |
| |
| |
| |
|
| |
| |
(3) | The Commissioner is a corporation sole. |
| |
(4) | The Commissioner is not to be regarded— |
| |
(a) | as the servant or agent of the Crown, or |
| |
(b) | as enjoying any status, immunity or privilege of the Crown. |
| |
(5) | The Commissioner’s property is not to be regarded as property of, or held on |
| 5 |
| |
(6) | Schedule 5 (which make further provision in connection with the |
| |
Commissioner) has effect. |
| |
26 | General functions of Commissioner |
| |
(1) | The Commissioner must— |
| 10 |
(a) | promote the interests of victims and witnesses; |
| |
(b) | take such steps as he considers appropriate with a view to encouraging |
| |
good practice in the treatment of victims and witnesses; |
| |
(c) | keep under review the operation of the code of practice issued under |
| |
| 15 |
(2) | The Commissioner may, for any purpose connected with the performance of |
| |
his duties under subsection (1)— |
| |
(a) | make proposals to the Secretary of State for amending the code (at the |
| |
request of the Secretary of State or on his own initiative); |
| |
(b) | make a report to the Secretary of State; |
| 20 |
(c) | make recommendations to an authority within his remit; |
| |
(d) | undertake or arrange for or support (financially or otherwise) the |
| |
carrying out of research; |
| |
(e) | consult any person he thinks appropriate. |
| |
(3) | If the Commissioner makes a report to the Secretary of State under subsection |
| 25 |
| |
(a) | the Commissioner must send a copy of the report to the Attorney |
| |
General and the Lord Chancellor; |
| |
(b) | the Secretary of State must lay a copy of the report before Parliament |
| |
and arrange for the report to be published. |
| 30 |
| |
(1) | If he is required to do so by a Minister of the Crown, the Commissioner must |
| |
give advice to the Minister of the Crown in connection with any matter |
| |
| |
(a) | is specified by the Minister, and |
| 35 |
(b) | relates to victims or witnesses. |
| |
(2) | If he is required to do so by or on behalf of an authority within his remit, the |
| |
Commissioner must give advice to the authority in connection with the |
| |
information provided or to be provided by or on behalf of the authority to |
| |
| 40 |
(3) | In this section “Minister of the Crown” includes the Treasury. |
| |
| |
| |
|
