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amend
the Criminal Justice Act 1988 to establish a right of appeal in
relation |
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to the amount of compensation
payable under section 133 of that Act and to |
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make provision about the procedure
for the assessment of such amounts. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Criminal Justice Act 1988 |
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(1) |
The Criminal
Justice Act 1988 (c. 33) is amended as follows. |
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(2) |
In section 133 (compensation
for miscarriages of justice)— |
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(a) |
in subsection (4), for the
words from “compensation” to the end, |
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substitute the words “the
proposed amount of the compensation shall |
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5 |
be assessed by one of the
assessors appointed by the Secretary of State”; |
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(b) |
after subsection (4), insert— |
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“(4ZA) |
The Secretary of State
shall secure that, at any one time, there |
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are
at least three assessors appointed by him for the purposes of
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(c) |
in subsection (4A), for the
words “the assessor”, substitute the words |
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“the first assessor”;
and |
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(d) |
after subsection (4A), insert— |
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“(4B) |
The Secretary of State shall— |
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(a) |
inform the person entitled
to payment in accordance |
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with
the provisions of this section of the proposed |
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(b) |
(subject to subsections
(4C) to (4D)), pay that person the |
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(4C) |
Where a person entitled
to payment in accordance with the |
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provisions
of this section is informed of the proposed amount in |
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accordance
with the provisions of subsection (4B)(a), he may, |
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within
a period of 28 days beginning with the date on which he |
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was
informed of the proposed amount, exercise his right of |
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appeal
under this section. |
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(4D) |
Where a person exercises
his right of appeal under this section, |
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the
amount of the compensation shall be assessed by two |
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assessors
appointed by the Secretary of State acting jointly, and |
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5 |
those
assessors shall not include the assessor who assessed the |
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relevant
proposed amount under subsection (4). |
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(4E) |
Subsection (4A) applies
to an assessment under subsection (4D) |
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as
it applies to an assessment under subsection (4).” |
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(3) |
In Schedule 12 (assessors
of compensation for miscarriages of justice), at the |
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“8 (1) |
This paragraph applies
to— |
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(a) |
an assessment under
section 133(4), and |
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(b) |
a joint assessment
under section 133(4D). |
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(2) |
Where this paragraph
applies, the assessor or (as the case may be) the |
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assessors
acting jointly shall provide the person entitled to payment |
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in
accordance with the provisions of section 133 with an opportunity
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to
make representations in person to him or them.” |
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There
shall be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums payable out of money so provided under any other
enactment. |
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3 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Criminal Justic Act 1988 (Amendment) Act 2005. |
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(2) |
This Act comes into force
at the end of a period of two months beginning with |
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the date on which it is passed,
but section 1
shall not be construed as conferring |
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any right of appeal in relation
to any payment made under section 133(4) of the |
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Criminal
Justice Act 1988 (c. 33) before the coming into force
of this Act. |
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(3) |
This Act extends to Northern
Ireland, but does not extend to Scotland. |
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