Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 13 — Allocation of cases triable either way etc.
174

6     (1)
Section 7(2), (3) and (4) apply for the purposes of this Schedule as
follows.
      (2)
Subsection (2) (apart from paragraphs (b) and (d)) applies to the
determination of any issue, and the admission or requirement of
any evidence, relating to a person’s previous cautions or to
5
ancillary circumstances as it applies to matters relating to a
person’s previous convictions and circumstances ancillary
thereto.
      (3)
Subsection (3) applies to evidence of a person’s previous cautions
and ancillary circumstances as it applies to evidence of a person’s
10
convictions and the circumstances ancillary thereto; and for this
purpose subsection (3) shall have effect as if—
(a)
any reference to subsection (2) or (4) of section 7 were a
reference to that subsection as applied by this paragraph;
and
15
(b)
the words “or proceedings to which section 8 below
applies” were omitted.
      (4)
Subsection (4) applies for the purpose of excluding the application
of paragraph 3(1); and for that purpose subsection (4) shall have
effect as if the words “(other than proceedings to which section 8
20
below applies)” were omitted.
      (5)
References in the provisions applied by this paragraph to section
4(1) are to be read as references to paragraph 3(1).”
Schedule 13
Section 56

Allocation of cases triable either way etc.
25
1
Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable
either way, and sending cases to the Crown Court etc.) has effect subject to
the following amendments.
2
In paragraph 2, in the paragraph set out in sub-paragraph (2), after
“committed” insert “for sentence”.
30
3
In paragraph 6, for subsection (2)(c) of the section set out in that paragraph
substitute—
“(c)
that if he is tried summarily and is convicted by the
court, he may be committed for sentence to the Crown
Court under section 3 or (if applicable) section 3A of
35
the Powers of Criminal Courts (Sentencing) Act 2000
if the court is of such opinion as is mentioned in
subsection (2) of the applicable section.”
4
In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute
“summary trial”.
40
5     (1)
Paragraph 9 is amended as follows.
      (2)
In sub-paragraph (3) after “(1A)” insert “, 1B”.

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Schedule 14 — Schedule to the Street Offences Act 1959
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      (3)
After sub-paragraph (3) insert—
    “(4)
In subsection (3) for “the said Act of 2000” substitute “the Powers
of Criminal Courts (Sentencing) Act 2000”.”
6
Paragraph 13 is omitted.
7
Paragraph 22 is omitted.
5
8
Before paragraph 23 insert—
“22A  (1)
Section 3 (committal for sentence on summary trial of offence
triable either way) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a) for the words from “greater punishment”
10
to the end of the paragraph substitute “the Crown Court
should, in the court’s opinion, have the power to deal with
the offender in any way it could deal with him if he had
been convicted on indictment”, and
(b)
omit paragraph (b) (and the word “or” immediately
15
preceding it).
      (3)
In subsection (4), after “section” insert “17D or ”.
      (4)
In subsection (5), in paragraph (b) omit the words “paragraph (b)
and”.”
9
In paragraph 23, in subsection (5) of the first of the sections inserted by that
20
paragraph (section 3A), for “a specified offence” substitute “an offender
convicted of a specified offence”.
10
In paragraph 24 after sub-paragraph (4) insert—
   “(4A)
In subsection (2) for “committed” substitute “sent”.”
Schedule 14
25
Section 72(4)

Schedule to the Street Offences Act 1959
“Schedule
Section 1A(11)

ORDERS UNDER SECTION 1(2A): BREACH, AMENDMENT ETC.
Part 1
Preliminary
30
Interpretation and application
1     (1)
This Schedule applies to an order made under section 1(2A).
      (2)
In this Schedule, in relation to the order—
“the offender” means the person in respect of whom the order
was made;
35
“the supervisor” means the person for the time being
specified as the supervisor in the order.

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Schedule 14 — Schedule to the Street Offences Act 1959
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      (3)
For the purposes of this Schedule, the offender fails to comply
with an order if he fails to attend any meeting that he is required
to attend at the time and place determined by the supervisor.
Part 2
Breach of requirement of order
5
Breach of requirement of order
2     (1)
If the supervisor is of the opinion that the offender has failed
without reasonable excuse to comply with the order, the
supervisor must cause an information to be laid before a justice of
the peace in respect of the failure.
10
      (2)
If it appears on information to the justice of the peace that the
offender has failed to comply with the order, the justice may—
(a)
issue a summons requiring the offender to appear at the
place and time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant
15
for his arrest.
      (3)
Any such summons or warrant must direct the offender to appear
or be brought before—
(a)
a youth court acting in the relevant local justice area, if the
offender is under the age of 18, or
20
(b)
a magistrates’ court (other than a youth court) acting in the
relevant local justice area, if the offender is aged 18 or over.
      (4)
In sub-paragraph (3) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
order, or
25
(b)
if it appears to the justice of the peace that the offender
resides in another local justice area, that local justice area.
Failure to answer to a summons
3     (1)
This paragraph applies where the offender does not appear in
answer to a summons issued under paragraph 2 (“the summons”).
30
      (2)
The magistrates’ court may issue a warrant for the arrest of the
offender.
      (3)
Any warrant issued under sub-paragraph (2) must require the
offender to be brought before—
(a)
a youth court acting in the relevant local justice area, if the
35
offender is under the age of 18, or
(b)
a magistrates’ court (other than a youth court) acting in the
relevant local justice area, if the offender is aged 18 or over.
      (4)
In sub-paragraph (3) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
40
order, or

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Schedule 14 — Schedule to the Street Offences Act 1959
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(b)
if it appears to the magistrates’ court acting under sub-
paragraph (2) that the offender resides in another local
justice area, that local justice area.
Powers of magistrates’ court
4     (1)
This paragraph applies where—
5
(a)
the offender appears or is brought before a magistrates’
court in accordance with this Part of this Schedule, and
(b)
it is proved to the satisfaction of the court that the offender
has failed without reasonable excuse to comply with the
order.
10
      (2)
The court—
(a)
must revoke the order (if it remains in force), and
(b)
may deal with the offender in respect of the failure by
dealing with him, for the offence in respect of which the
order was made, in any way in which the court could deal
15
with him if he had just been convicted by it of the offence.
      (3)
In dealing with an offender under sub-paragraph (2)(b), the court
must take into account the extent to which the offender has
complied with the order.
      (4)
A person sentenced under sub-paragraph (2)(b) may appeal to the
20
Crown Court against the sentence.
Part 3
Amendment of order
Change of supervisor
5     (1)
Where the supervisor is unable to continue acting in that capacity,
25
the supervisor, a constable or the offender may apply to the
relevant magistrates’ court to amend the order by specifying a
different person to act as supervisor.
      (2)
Where the court is satisfied that the supervisor is unable to
continue acting, the court must—
30
(a)
amend the order by specifying a different person to act as
supervisor, or
(b)
if no such person is available, revoke the order.
      (3)
Any person specified in the order by virtue of this paragraph must
be a suitable person (within the meaning of section 1A(3)).
35
      (4)
In this paragraph “the relevant magistrates’ court” means—
(a)
if the offender is under the age of 18, a youth court acting
in the relevant local justice area, or
(b)
if the offender is aged 18 or over, a magistrates’ court
(other than a youth court) acting in the relevant local
40
justice area.
      (5)
In sub-paragraph (4) “the relevant local justice area” means—

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(a)
the local justice area for the time being specified in the
order, or
(b)
if the offender resides in another local justice area, that
local justice area.
6     (1)
Where a court revokes an order under paragraph 5(2)(b), it may
5
deal with the offender, for the offence in respect of which the order
was made, in any way in which the court could deal with him if he
had just been convicted by it of the offence (other than by making
an order under section 1(2A)).
      (2)
In dealing with an offender under sub-paragraph (1), the court
10
must take into account the extent to which the offender has
complied with the order.
      (3)
A person sentenced under sub-paragraph (1) may appeal to the
Crown Court against the sentence.
Substitution of different local justice area
15
7     (1)
The offender or the supervisor may apply to the relevant
magistrates’ court to amend the order by substituting another
local justice area for the area specified in the order.
      (2)
An application under sub-paragraph (1) may only be made if the
offender resides or will reside in the other local justice area.
20
      (3)
The relevant magistrates’ court may, and on the application of the
supervisor must, amend the order by substituting the other local
justice area for the area specified in the order.
      (4)
Sub-paragraphs (4) and (5) of paragraph 5 apply for the purposes
of this paragraph as they apply for the purposes of that paragraph.
25
Supplementary
8     (1)
Where the relevant magistrates’ court proposes to exercise its
powers under paragraph 5, otherwise than on the application of
the offender, it must summon the offender to appear before the
court and, if the offender does not appear in answer to the
30
summons, may issue a warrant for the arrest of the offender.
      (2)
An order may not be amended under this Part of this Schedule
while an appeal against the order is pending.
Part 4
Supplementary
35
Detention and remand of arrested offender
9     (1)
This paragraph applies where the offender is arrested in
pursuance of a warrant under this Schedule and cannot be
brought immediately before the court before which the warrant
directs him to be brought (“the appropriate court”).
40
      (2)
The person in whose custody the offender is—

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(a)
may make arrangements for his detention for no more than
72 hours beginning with the time of his arrest, and
(b)
must within that period bring him before—
(i)
the appropriate court, or
(ii)
if it is not reasonably practicable to do so, before an
5
alternative court.
      (3)
In sub-paragraph (2)(b)(ii) “alternative court” means—
(a)
if the appropriate court is a youth court, any youth court,
and
(b)
in any other case, any magistrates’ court other than a youth
10
court.
      (4)
If the offender is under the age of 18 at the time of his arrest, the
arrangements made under sub-paragraph (2)(a) must be for his
detention in a place of safety (within the meaning of the Children
and Young Persons Act 1933).
15
      (5)
A person who is detained in pursuance of arrangements made
under sub-paragraph (2)(a) is deemed to be in legal custody.
10    (1)
This paragraph applies where an offender appears or is brought
before an alternative court under paragraph 9(2)(b)(ii).
      (2)
The alternative court may direct that the offender is to be released
20
forthwith or remand him to appear before the appropriate court
(within the meaning of paragraph 9).
      (3)
For the purposes of sub-paragraph (2), section 128 of the
Magistrates’ Courts Act 1980 (c. 43) (remand in custody or on bail)
applies as if the court referred to in subsections (1)(a), (3), (4)(a)
25
and (5) were the appropriate court.
      (4)
Any power to remand the offender in custody which is conferred
by section 128 of the Magistrates’ Court Act 1980 (as modified by
sub-paragraph (3)) is to be taken to be a power to remand the
offender—
30
(a)
if he is under the age of 18, to accommodation provided by
or on behalf of a local authority (within the meaning of the
Children Act 1989 (c. 41)), and
(b)
if he is aged 18 or over, to a prison.
      (5)
Where the court remands the offender to accommodation
35
provided by or on behalf of a local authority, the court must
designate, as the authority who are to receive him, the local
authority for the area in which it appears that he resides or will
reside.
Adjournments
40
11    (1)
This paragraph applies to any hearing relating to an offender held
by a youth court or other magistrates’ court in any proceedings
under this Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
(a)
direct that the offender be released forthwith, or
45
(b)
remand the offender.

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      (3)
Where the court remands the offender under sub-paragraph (2)—
(a)
it must fix the time and place at which the hearing is to be
resumed, and
(b)
that time and place must be the time and place at which the
offender is required to appear or be brought before the
5
court by virtue of the remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (2) but
does not remand the offender—
(a)
it may fix the time and place at which the hearing is to be
resumed, but
10
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the offender and, where appropriate, the
supervisor have had adequate notice of the time and place
for the resumed hearing.
      (5)
The powers of a magistrates’ court under this paragraph may be
15
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980 (c. 43).
      (6)
This paragraph—
(a)
applies to any hearing in any proceedings under this
Schedule in place of section 10 of the Magistrates’ Courts
20
Act 1980 (adjournment of trial) where that section would
otherwise apply, but
(b)
is not to be taken to affect the application of that section to
hearings of any other description.
Notification
25
12    (1)
This paragraph applies where a court revokes or amends an order
under any provision of this Schedule.
      (2)
The proper officer must—
(a)
provide copies of the revoking or amending order to the
offender and the supervisor,
30
(b)
in the case of an amending order which substitutes a new
local justice area, provide a copy of the amending order to
a magistrates’ court acting for that area, and
(c)
if the court that revokes or amends the order is a
magistrates’ court acting in a local justice area other than
35
the area specified in the order, provide a copy of the
revoking or amending order to a magistrates’ court acting
in the local justice area specified in the order.
      (3)
Where under sub-paragraph (2)(b) the proper officer provides a
copy of an amending order to a magistrates’ court acting for a
40
different area, the officer must also provide to that court such
documents and information relating to the case as it considers
likely to be of assistance to a court acting for that area in the
exercise of any function in relation to the order.
      (4)
In this paragraph “proper officer” means the designated officer for
45
the court.”