|
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Proceedings in magistrates’ courts |
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56 | Allocation of offences triable either way etc. |
| |
Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which |
| |
makes provision in relation to the allocation and other treatment of offences |
| |
triable either way, and the sending of cases to the Crown Court). |
| 5 |
57 | Trial or sentencing in absence of accused in magistrates’ courts |
| |
(1) | Section 11 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of |
| |
accused) is amended as follows. |
| |
(2) | In subsection (1), for “the court may proceed in his absence” substitute “— |
| |
(a) | if the accused is under 18 years of age, the court may proceed in |
| 10 |
| |
(b) | if the accused has attained the age of 18 years, the court shall |
| |
proceed in his absence unless it appears to the court to be |
| |
contrary to the interests of justice to do so. |
| |
| This is subject to subsections (2), (2A), (3) and (4).” |
| 15 |
(3) | After subsection (2) insert— |
| |
“(2A) | The court shall not proceed in the absence of the accused if it considers |
| |
that there is an acceptable reason for his failure to appear.” |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | But where a sentence or order of a kind mentioned in subsection (3) is |
| 20 |
imposed or given in the absence of the offender, the offender must be |
| |
brought before the court before being taken to a prison or other |
| |
institution to begin serving his sentence (and the sentence or order is |
| |
not to be regarded as taking effect until he is brought before the court).” |
| |
(5) | After subsection (4) insert— |
| 25 |
“(5) | Nothing in this section requires the court to enquire into the reasons for |
| |
the accused’s failure to appear before deciding whether to proceed in |
| |
| |
(6) | The court shall state in open court its reasons for not proceeding under |
| |
this section in the absence of an accused who has attained the age of 18 |
| 30 |
years; and the court shall cause those reasons to be entered in its |
| |
register of proceedings.” |
| |
(6) | Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases |
| |
| |
58 | Extension of powers of non-legal staff |
| 35 |
(1) | Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal |
| |
staff) is amended as follows. |
| |
(2) | In subsection (2)(a) (powers of designated non-legal staff)— |
| |
(a) | in sub-paragraph (ii), omit “other than trials”; |
| |
|
| |
|
| |
|
(b) | after sub-paragraph (ii) insert— |
| |
“(iii) | the conduct of applications or other proceedings |
| |
relating to preventative civil orders; |
| |
(iv) | the conduct of proceedings (other than criminal |
| |
proceedings) in, or in connection with, the |
| 5 |
discharge of functions assigned to the Director |
| |
under section 3(2)(g) above.” |
| |
(3) | For subsection (5) (interpretation) substitute— |
| |
| |
“bail in criminal proceedings” has the same meaning as in the Bail |
| 10 |
Act 1976 (see section 1 of that Act); |
| |
“preventative civil orders” means— |
| |
(a) | orders within section 3(2)(fa) to (fe) above; |
| |
(b) | orders under section 5 or 5A of the Protection from |
| |
Harassment Act 1997 (restraining orders); |
| 15 |
(c) | orders under section 8 of the Crime and Disorder Act |
| |
1998 (parenting orders); or |
| |
(d) | other orders that may be made by a magistrates’ court in |
| |
proceedings in respect of a person who has been |
| |
convicted of an offence where the proceedings— |
| 20 |
(i) | are not criminal proceedings, but |
| |
(ii) | are referable to that conviction.” |
| |
(4) | Omit subsection (6) (powers not applicable to offences triable only on |
| |
| |
(5) | In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions |
| 25 |
for the purposes of which binding over proceedings are to be taken to be |
| |
criminal proceedings) for “and 7(1)” substitute “, 7(1) and 7A”. |
| |
| |
59 | Provisional grant of right to representation |
| |
(1) | Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows. |
| 30 |
(2) | In section 14(1) (representation)— |
| |
(a) | after “criminal proceedings” insert “and about the provisional grant of |
| |
a right to representation in prescribed circumstances”; |
| |
(b) | after “granted” insert “, or provisionally granted,”. |
| |
(3) | In section 15(1) (selection of representative) after “granted” insert “, or |
| 35 |
| |
(4) | In section 25(9) (orders, regulations and directions subject to affirmative |
| |
resolution procedure) for “paragraph 2A” substitute “paragraph 1A, 2A,”. |
| |
(5) | In section 26 (interpretation) after the definition of “representation” insert— |
| |
| “and, for the purposes of the definition of “representation”, |
| 40 |
“proceedings” includes, in the context of a provisional grant of a right |
| |
to representation, proceedings that may result from the investigation |
| |
| |
|
| |
|
| |
|
(6) | After paragraph 1 of Schedule 3 (individuals to whom right may be granted) |
| |
| |
“Individuals to whom right may be provisionally granted |
| |
1A (1) | Regulations may provide that, in prescribed circumstances, and |
| |
subject to any prescribed conditions, a right to representation may be |
| 5 |
provisionally granted to an individual where— |
| |
(a) | the individual is involved in an investigation which may |
| |
result in criminal proceedings, and |
| |
(b) | the right is so granted for the purposes of criminal |
| |
proceedings that may result from the investigation. |
| 10 |
(2) | Regulations under sub-paragraph (1) may, in particular, make |
| |
| |
(a) | the stage in an investigation at which a right to representation |
| |
may be provisionally granted; |
| |
(b) | the circumstances in which a right which has been so |
| 15 |
| |
(i) | is to become, or be treated as if it were, a right to |
| |
representation under paragraph 1, or |
| |
(ii) | is to be, or may be, withdrawn.” |
| |
(7) | In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of |
| 20 |
sub-paragraph (1)(b) insert— |
| |
“(c) | provide that any provisional grant of a right to |
| |
representation, or any withdrawal of a right so granted, in |
| |
accordance with regulations under paragraph 1A is to be |
| |
| 25 |
(8) | In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation) |
| |
after “grant” insert “, or provisional grant,”. |
| |
(9) | In paragraph 3B of Schedule 3 (financial eligibility)— |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | after “grant” insert “, or provisionally grant,”, |
| 30 |
(ii) | after “granted” insert “, or provisionally granted,”; |
| |
(b) | in sub-paragraph (2)(a), after “granted” insert “, or provisionally |
| |
| |
(10) | In paragraph 4 of Schedule 3 (appeals) at the end insert— |
| |
| “This paragraph does not apply in relation to any right to |
| 35 |
representation granted in accordance with paragraph 1A.” |
| |
(11) | In paragraph 5 of Schedule 3 (criteria for grant of right)— |
| |
(a) | in sub-paragraph (1), after “grant” insert “, or provisionally grant,”; |
| |
(b) | after sub-paragraph (2) insert— |
| |
“(2A) | For the purposes of sub-paragraph (2), “proceedings” |
| 40 |
includes, in the context of a provisional grant of a right to |
| |
representation, proceedings that may result from the |
| |
investigation in which the individual is involved.”; |
| |
(c) | in sub-paragraph (4), after “grant” insert “, or provisional grant,”. |
| |
|
| |
|
| |
|
60 | Disclosure of information to enable assessment of financial eligibility |
| |
(1) | The Access to Justice Act 1999 (c. 22) is amended as follows. |
| |
(2) | In section 25(9) (orders, regulations and directions subject to affirmative |
| |
resolution procedure), for “or 4” substitute “4 or 6”. |
| |
(3) | In Schedule 3 (criminal defence service: right to representation), after |
| 5 |
| |
| |
6 (1) | The relevant authority may make an information request to— |
| |
(a) | the Secretary of State, or |
| |
| 10 |
| for the purpose of facilitating the making of a decision by the |
| |
authority about the application of paragraph 3B(1) or (2), or |
| |
regulations under paragraph 3B(3), in relation to an individual. |
| |
(2) | An information request made to the Secretary of State is a request for |
| |
the disclosure of some or all of the following information— |
| 15 |
(a) | the individual’s full name; |
| |
(b) | the individual’s address; |
| |
(c) | the individual’s date of birth; |
| |
(d) | the individual’s national insurance number; |
| |
(e) | the individual’s benefit status; |
| 20 |
(f) | information of any description specified in regulations. |
| |
(3) | An information request made to the Commissioners is a request for |
| |
the disclosure of some or all of the following information— |
| |
(a) | whether or not the individual is employed; |
| |
(b) | the name and address of the employer (if the individual is |
| 25 |
| |
(c) | the individual’s national insurance number; |
| |
(d) | information of any description specified in regulations made |
| |
with the agreement of the Commissioners. |
| |
(4) | The information that may be specified under subsection (3)(d) |
| 30 |
includes, in particular, information relating to the individual’s |
| |
income (as defined in the regulations) for a period so specified. |
| |
(5) | On receiving an information request, the Secretary of State or (as the |
| |
case may be) the Commissioners may disclose the information |
| |
requested to the relevant authority. |
| 35 |
Restrictions on disclosure |
| |
7 (1) | A person to whom information is disclosed under paragraph 6(5), or |
| |
this sub-paragraph, may disclose the information to any person to |
| |
whom its disclosure is necessary or expedient in connection with |
| |
facilitating the making of a decision by the relevant authority about |
| 40 |
the application of paragraph 3B(1) or (2), or regulations under |
| |
paragraph 3B(3), in relation to an individual. |
| |
(2) | A person to whom such information is disclosed commits an offence |
| |
| |
|
| |
|
| |
|
(a) | discloses or uses the information, and |
| |
(b) | the disclosure is not authorised by sub-paragraph (1) or (as |
| |
the case may be) the use is not for the purpose of facilitating |
| |
the making of such a decision as is mentioned in that sub- |
| |
| 5 |
(3) | But it is not an offence under sub-paragraph (2)— |
| |
(a) | to disclose any information in accordance with any |
| |
enactment or order of a court or for the purposes of any |
| |
proceedings before a court; or |
| |
(b) | to disclose any information which has previously been |
| 10 |
lawfully disclosed to the public. |
| |
(4) | It is a defence for a person charged with an offence under sub- |
| |
paragraph (2) to prove that the person reasonably believed that the |
| |
disclosure or use was lawful. |
| |
(5) | A person guilty of an offence under sub-paragraph (2) is liable— |
| 15 |
(a) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding 2 years or a fine or both; |
| |
(b) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or a fine not exceeding the statutory |
| |
| 20 |
(6) | In sub-paragraph (5)(b) the reference to 12 months is to be read as a |
| |
reference to 6 months in relation to an offence committed before the |
| |
commencement of section 154(1) of the Criminal Justice Act 2003. |
| |
(7) | Nothing in section 20 applies in relation to the disclosure of |
| |
information to which sub-paragraph (1) applies. |
| 25 |
Paragraphs 6 and 7: supplementary |
| |
8 (1) | This paragraph applies for the purposes of paragraphs 6 and 7. |
| |
(2) | “Benefit status”, in relation to an individual, means whether or not |
| |
the individual is in direct or indirect receipt of any prescribed benefit |
| |
or benefits and, if so (in the case of each benefit)— |
| 30 |
(a) | which benefit the individual is so receiving, and |
| |
(b) | (in prescribed cases) the amount the individual is so |
| |
receiving by way of the benefit. |
| |
(3) | “The Commissioners” means the Commissioners for Her Majesty’s |
| |
| 35 |
(4) | “Information” means information held in any form. |
| |
(5) | Nothing in paragraph 6 or 7 authorises the making of a disclosure |
| |
which contravenes the Data Protection Act 1998.” |
| |
| |
(1) | The Access to Justice Act 1999 (c. 22) is amended as follows. |
| 40 |
(2) | In section 17A (contribution orders) omit subsection (5) (piloting of |
| |
| |
|
| |
|
| |
|
(3) | After section 18 insert— |
| |
| |
(1) | This section applies to the following instruments— |
| |
(a) | any order under section 14 or paragraph 5 of Schedule 3, |
| |
(b) | any regulations under section 12, 13, 15, 17 or 17A or any of |
| 5 |
paragraphs 1A to 5 of Schedule 3, and |
| |
(c) | any regulations under section 22(5) having effect in relation to |
| |
the Criminal Defence Service. |
| |
(2) | Any instrument to which this section applies may be made so as to have |
| |
effect for a specified period not exceeding 12 months. |
| 10 |
(3) | But if the Lord Chancellor thinks that it is necessary or expedient for |
| |
either of the purposes in subsection (4), the period specified in the |
| |
| |
(a) | may in the first instance be a period not exceeding 18 months; |
| |
(b) | may be varied so as to become a period not exceeding 18 |
| 15 |
| |
| |
(a) | ensuring the effective operation of the instrument; |
| |
(b) | co-ordinating the operation of the instrument with the |
| |
operation of any other provision made under an enactment |
| 20 |
relating to any aspect of the criminal justice system. |
| |
(5) | The period for the time being specified in an instrument to which this |
| |
section applies may also be varied so that the instrument has effect for |
| |
such further period as the Lord Chancellor thinks necessary for the |
| |
purpose of securing that it remains in operation until the coming into |
| 25 |
force of any order or regulations made under the same provision of this |
| |
Act that will have effect— |
| |
| |
(b) | for purposes wider than those for which the instrument has |
| |
| 30 |
(6) | In the following provisions of this section “pilot scheme” means any |
| |
instrument which, in accordance with subsections (2) to (5), is to have |
| |
effect for a limited period. |
| |
(7) | A pilot scheme may provide that its provisions are to apply only in |
| |
| 35 |
(a) | one or more specified areas or localities; |
| |
(b) | one or more specified descriptions of court; |
| |
(c) | one or more specified offences or descriptions of offence; |
| |
(d) | one or more specified classes of person; |
| |
| 40 |
(i) | by reference to specified criteria; or |
| |
(ii) | on a sampling basis. |
| |
(8) | A pilot scheme may make consequential or transitional provision with |
| |
respect to the cessation of the scheme on the expiry of the specified |
| |
period (or that period as varied under subsection (3)(b) or (5)). |
| 45 |
|
| |
|
| |
|
(9) | A pilot scheme may be replaced by a further pilot scheme making the |
| |
same or similar provision.” |
| |
(4) | In section 25 (regulations, orders and directions) after subsection (9A) insert— |
| |
“(9B) | No order or regulations which, by virtue of section 18A, is or are to |
| |
have effect for a limited period shall be made unless a draft of the order |
| 5 |
or regulations has been laid before, and approved by a resolution of, |
| |
each House of Parliament.” |
| |
| |
62 | Compensation for miscarriages of justice |
| |
(1) | The Criminal Justice Act 1988 (c. 33) has effect subject to the following |
| 10 |
| |
(2) | Section 133 (compensation for miscarriages of justice) is amended as follows. |
| |
(3) | At the end of subsection (2) (compensation only payable if application for |
| |
compensation is made) insert “before the end of the period of 2 years beginning |
| |
with the date on which the conviction of the person concerned is reversed or |
| 15 |
| |
(2A) | But the Secretary of State may direct that an application for |
| |
compensation made after the end of that period is to be treated as if it |
| |
had been made within that period if the Secretary of State considers |
| |
that there are exceptional circumstances which justify doing so.” |
| 20 |
(4) | For subsection (4A) substitute— |
| |
“(4A) | Section 133A applies in relation to the assessment of the amount of the |
| |
| |
(5) | After subsection (5) (meaning of “reversed” in relation to a conviction) insert— |
| |
“(5A) | But in a case where— |
| 25 |
(a) | a person’s conviction for an offence is quashed on an appeal out |
| |
| |
(b) | the person is to be subject to a retrial, |
| |
| the conviction is not to be treated for the purposes of this section as |
| |
“reversed” unless and until the person is acquitted of all offences at the |
| 30 |
retrial or the prosecution indicates that it has decided not to proceed |
| |
| |
(5B) | In subsection (5A) above any reference to a retrial includes a reference |
| |
to proceedings held following the remission of a matter to a |
| |
magistrates’ court by the Crown Court under section 48(2)(b) of the |
| 35 |
| |
(6) | In subsection (6) (meaning of suffering punishment as a result of conviction) |
| |
after “this section” insert “and section 133A”. |
| |
|
| |
|