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Public Bill Committee:                               

641

 

Criminal Justice and Immigration Bill, continued

 
 

      (2)  

The Commissioner may pay fees or allowances to any person in relation to the

 

provision of advice under this paragraph.

 

Annual and other reports

 

21  (1)  

The Commissioner—

 

(a)    

shall publish a general report on the performance of the

 

Commissioner’s functions during each year (an “annual report”);

 

(b)    

may publish other reports with respect to those functions.

 

      (2)  

An annual report must be published as soon as may be practicable after the end

 

of the year to which it relates.

 

      (3)  

The Commissioner shall send a copy of each report under this paragraph to the

 

Secretary of State.

 

      (4)  

The Secretary of State shall lay before Parliament—

 

(a)    

a copy of each annual report,

 

(b)    

a copy of any other report under this paragraph which is sent with a

 

request for it to be so laid,

 

            

and shall do so as soon as practicable after receiving a copy of the report

 

concerned.’.

 


 

Mr David Hanson

 

NS7

 

To move the following Schedule:—

 

‘the Northern Ireland Commissioner for Prison Complaints: complaints’

 

remit

 

The specified matters

 

1          

Any matter relating to the way in which a person has been treated at any

 

applicable premises while being held there.

 

2          

Any matter relating to the way in which a person has been treated by prison

 

officers or prisoner custody officers while in their custody, or under their

 

control or escort, anywhere in the world.

 

3          

Any matter relating to the exercise, in relation to a person who has been

 

charged with or convicted of an offence, of any statutory function of the

 

Secretary of State relating to applicable premises or persons held there.

 

Supplementary

 

1          

In this Schedule, “statutory function” means functions conferred by or under

 

any Act or by or under Northern Ireland legislation (including, in the case of

 

prison officers, functions exercisable by virtue of section 8 of the Prison Act

 

(Northern Ireland) 1953 (N.I. 18)).

 

2          

The matters covered by paragraph 2 include matters affecting a person who has

 

been charged with and convicted of an offence which relate to the exercise of

 

the statutory functions of a prison officer or a prison custody officer.


 
 

Public Bill Committee:                               

642

 

Criminal Justice and Immigration Bill, continued

 
 

3          

In paragraph 3 the references to the Secretary of State are references to the

 

Secretary of State having responsibility for prisons in Northern Ireland.’.

 


 

Mr David Hanson

 

NS8

 

To move the following Schedule:—

 

‘The Northern Ireland Commissioner for Prison Complaints: deaths remit

 

4          

A death of a person at any applicable premises while being held there.

 

5          

A death of a person while in the custody, or under the control or escort, of

 

prison officers or prisoner custody officers anywhere in the world.

 

6          

A death of a person which the Commissioner is satisfied should be investigated

 

because it is or may be linked to events which have occurred—

 

(a)    

at any applicable premises while that person was being held there; or

 

(b)    

while that person was in the custody, or under the control or escort, of

 

prison officers or prisoner custody officers anywhere in the world.’.

 


 

Mr David Hanson

 

NS9

 

To move the following Schedule:—

 

‘The Northern Ireland Commissioner for Prison Complaints: controlling

 

authorities

 

            

The Secretary of State.

 

            

Governors of prisons, young offender centres and remand centres in Northern

 

Ireland.

 

            

An independent monitoring board appointed under section 10 of the Prisons

 

Act (Northern Ireland) 1953 (N.I. 18).

 

            

Persons with whom the Secretary of State has made arrangements under

 

section 118 of the Criminal Justice and Public Order Act 1994 (c. 33).’.

 


 

Mr David Hanson

 

NS10

 

Parliamentary Star    

To move the following Schedule:—

 

‘Appeals in criminal cases

 

Amendments to the Criminal Appeal Act 1968


 
 

Public Bill Committee:                               

643

 

Criminal Justice and Immigration Bill, continued

 
 

1          

The Criminal Appeal Act 1968 (c. 19) has effect subject to the following

 

amendments.

 

Time limit on grant of certificates of fitness for appeal

 

2          

In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “,

 

within 28 days from the date of the conviction,”.

 

3          

In section 11 (supplementary provisions as to appeal against sentence), in

 

subsection (1A)—

 

(a)    

after “if” insert “, within 28 days from the date on which the sentence

 

was passed,”, and

 

(b)    

for “the sentence” substitute “it”.

 

4          

In section 12 (appeal against verdict of not guilty on ground of insanity), in

 

subsection (1)(b) after “if” insert “, within 28 days from the date of the

 

verdict,”.

 

5          

In section 15 (appeal against finding of disability), in subsection (2)(b) after

 

“if” insert “, within 28 days from the date of the finding that the accused did

 

the act or made the omission charged,”.

 

Powers of Court to substitute different sentence

 

6    (1)  

Section 4 (sentence when appeal allowed on part of indictment) is amended as

 

follows.

 

      (2)  

For the heading substitute “Power to re-sentence where appellant remains

 

convicted of related offences”.

 

      (3)  

For subsection (1) substitute—

 

“(1)    

This section applies where—

 

(a)    

two or more related sentences are passed,

 

(b)    

the Court of Appeal allow an appeal against conviction in

 

respect of one or more of the offences for which the sentences

 

were passed (“the related offences”), but

 

(c)    

the appellant remains convicted of one or more of those

 

offences.”

 

      (4)  

In subsection (2)—

 

(a)    

for “in respect of any count on which the appellant remains convicted”

 

substitute “in respect of any related offence of which the appellant

 

remains convicted”, and

 

(b)    

omit “for the offence of which he remains convicted on that count”.

 

      (5)  

In subsection (3)—

 

(a)    

for “on the indictment as a whole” substitute “for all the related

 

offences (taken as a whole)”, and

 

(b)    

for “for all offences of which he was convicted on the indictment”

 

substitute “for all the related offences”.

 

      (6)  

After subsection (3) insert—

 

“(4)    

For the purposes of subsection (1)(a), two or more sentences are

 

related if—

 

(a)    

they are passed on the same day,

 

(b)    

they are passed on different days but the court in passing any

 

one of them states that it is treating that one together with the

 

other or others as substantially one sentence, or

 

(c)    

they are passed on different days but in respect of counts on

 

the same indictment.


 
 

Public Bill Committee:                               

644

 

Criminal Justice and Immigration Bill, continued

 
 

(5)    

Where—

 

(a)    

two or more sentences are related to each other by virtue of

 

subsection (4)(a) or (b), and

 

(b)    

any one or more of those sentences is related to one or more

 

other sentences by virtue of subsection (4)(c),

 

    

all the sentences are to be treated as related for the purposes of

 

subsection (1)(a).”

 

Interim hospital orders

 

7          

The following provisions (which relate to the effect of interim hospital orders

 

made by the Court of Appeal) are omitted—

 

(a)    

section 6(5) and the definition of interim hospital order in section 6(7),

 

(b)    

section 11(6),

 

(c)    

section 14(5) and the definition of interim hospital order in section

 

14(7), and

 

(d)    

section 16B(3).

 

8          

After section 30B (as inserted by section 26(5)) insert—

 

“30C  

Effect of interim hospital orders

 

(1)    

This section applies where the Court of Appeal—

 

(a)    

make an interim hospital order by virtue of any provision of

 

this Part, or

 

(b)    

renew an interim hospital order so made.

 

(2)    

The court below shall be treated for the purposes of section 38(7) of

 

the Mental Health Act 1983 (absconding offenders) as the court that

 

made the order.”

 

9          

In section 31 (powers of Court which are exercisable by single judge) after

 

subsection (2) insert—

 

“(2ZA)    

The power of the Court of Appeal to renew an interim hospital order

 

made by them by virtue of any provision of this Part may be exercised

 

by a single judge in the same manner as it may be exercised by the

 

Court.”

 

Evidence

 

10  (1)  

Section 23 (evidence) is amended as follows.

 

      (2)  

In subsection (1) after “an appeal” insert “, or an application for leave to

 

appeal,”.

 

      (3)  

In that subsection, for paragraph (b) substitute—

 

“(b)    

order any witness to attend for examination and be examined

 

before the Court (whether or not he was called in the

 

proceedings from which the appeal lies); and”.

 

      (4)  

After subsection (1) insert—

 

“(1A)    

The power conferred by subsection (1)(a) may be exercised so as to

 

require the production of any document, exhibit or other thing

 

mentioned in that subsection to—

 

(a)    

the Court;

 

(b)    

the appellant;

 

(c)    

the respondent.”


 
 

Public Bill Committee:                               

645

 

Criminal Justice and Immigration Bill, continued

 
 

      (5)  

In subsection (4) after “an appeal” insert “, or an application for leave to

 

appeal,”.

 

      (6)  

After subsection (5) insert—

 

“(6)    

In this section, “respondent” includes a person who will be a

 

respondent if leave to appeal is granted.”

 

Powers of single judge

 

11  (1)  

Section 31 (powers of Court of Appeal which are exercisable by single judge)

 

is amended as follows.

 

      (2)  

In the heading, omit “under Part 1”.

 

      (3)  

After subsection (2C) insert—

 

“(2D)    

The power of the Court of Appeal to grant leave to appeal under

 

section 9(11) of the Criminal Justice Act 1987 may be exercised by a

 

single judge in the same manner as it may be exercised by the Court.

 

(2E)    

The power of the Court of Appeal to grant leave to appeal under

 

section 35(1) of the Criminal Procedure and Investigations Act 1996

 

may be exercised by a single judge in the same manner as it may be

 

exercised by the Court.”

 

Appeals against procedural directions

 

12         

In section 31C (appeals against procedural directions), omit subsections (1)

 

and (2).

 

Detention of defendant pending appeal to Supreme Court

 

13  (1)  

Section 37 (detention of defendant on appeal by Crown) is amended as

 

follows.

 

      (2)  

In subsection (2) for the words from “may make” to the end substitute “shall

 

make—

 

(a)    

an order providing for his detention, or directing that he shall

 

not be released except on bail (which may be granted by the

 

Court as under section 36 above), so long as the appeal is

 

pending, or

 

(b)    

an order that he be released without bail.”

 

      (3)  

After subsection (2) insert—

 

“(2A)    

The Court may make an order under subsection (2)(b) only if they

 

think that it is in the interests of justice that the defendant should not

 

be liable to be detained as a result of the decision of the Supreme Court

 

on the appeal.”

 

      (4)  

In subsection (3) for “this section” substitute “subsection (2)(a)”.

 

      (5)  

In subsection (4) for “this section” (in each place where it occurs) substitute

 

“subsection (2)(a)”.

 

      (6)  

In subsection (4A) for “this section” (in the first place where it occurs)

 

substitute “subsection (2)(a)”.

 

      (7)  

For subsection (5) substitute—

 

“(5)    

The defendant shall not be liable to be detained again as a result of the

 

decision of the Supreme Court on the appeal if—

 

(a)    

the Court of Appeal have made an order under subsection

 

(2)(b), or


 
 

Public Bill Committee:                               

646

 

Criminal Justice and Immigration Bill, continued

 
 

(b)    

the Court have made an order under subsection (2)(a) but the

 

order has ceased to have effect by virtue of subsection (3) or

 

the defendant has been released or discharged by virtue of

 

subsection (4) or (4A).”

 

Amendments to the Criminal Appeal (Northern Ireland) Act 1980

 

14         

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to

 

the following amendments.

 

Time limit on grant of certificates of fitness for appeal

 

15         

In section 1 (appeal against conviction), in paragraph (b) after “if” insert “,

 

within 28 days from the date of the conviction,”.

 

16         

In section 12 (appeal against finding of not guilty on ground of insanity), in

 

subsection (1)(b) after “if” insert “, within 28 days from the date of the

 

finding,”.

 

17         

In section 13A (appeal against finding of unfitness to be tried), in subsection

 

(2)(b) after “if” insert “, within 28 days from the date of the finding that the

 

person did the act or made the omission charged,”.

 

Powers of Court to substitute different sentence

 

18  (1)  

Section 4 (alteration of sentence on appeal against conviction) is amended as

 

follows.

 

      (2)  

For subsection (1) substitute—

 

“(1)    

Subsection (1A) applies where—

 

(a)    

two or more related sentences are passed,

 

(b)    

the Court of Appeal allows an appeal against conviction in

 

respect of one or more of the offences for which the sentences

 

were passed (“the related offences”), but

 

(c)    

the appellant remains convicted of one or more of those

 

offences.

 

(1A)    

The Court may, in respect of any related offence of which the

 

appellant remains convicted, pass such sentence, in substitution for the

 

sentence passed thereon at the trial, as it thinks proper and is

 

authorised by law.”

 

      (3)  

After subsection (2) insert—

 

“(3)    

For the purposes of subsection (1)(a), two or more sentences are

 

related if—

 

(a)    

they are passed on the same day,

 

(b)    

they are passed on different days but the court in passing any

 

one of them states that it is treating that one together with the

 

other or others as substantially one sentence, or

 

(c)    

they are passed on different days but in respect of counts on

 

the same indictment.

 

(4)    

Where—

 

(a)    

two or more sentences are related to each other by virtue of

 

subsection (3)(a) or (b), and


 
 

Public Bill Committee:                               

647

 

Criminal Justice and Immigration Bill, continued

 
 

(b)    

any one or more of those sentences is related to one or more

 

other sentences by virtue of subsection (3)(c),

 

    

all the sentences are to be treated as related for the purposes of

 

subsection (1)(a).”

 

Interim hospital orders

 

19         

Section 10(6) (effect of interim hospital orders made by Court of Appeal) is

 

omitted.

 

20         

After section 29A (as inserted by section (Meaning of unsafe: Northern

 

Ireland)(6)) insert—

 

“29B  

Effect of interim hospital orders

 

(1)    

This section applies where the Court of Appeal—

 

(a)    

makes an interim hospital order by virtue of any provision of

 

this Part, or

 

(b)    

renews an interim hospital order so made.

 

(2)    

The Crown Court shall be treated for the purposes of Article 45(6) of

 

the Mental Health Order (absconding offenders) as the court that made

 

the order.”

 

21         

In section 45 (powers of Court which are exercisable by single judge) after

 

subsection (3) insert—

 

“(3ZA)    

The power of the Court of Appeal to renew an interim hospital order

 

made by it by virtue of any provision of this Act may be exercised by

 

a single judge in the same manner as it may be exercised by the Court.”

 

Evidence

 

22  (1)  

Section 25 (evidence) is amended as follows.

 

      (2)  

In subsection (1) after “an appeal” insert “, or an application for leave to

 

appeal,”.

 

      (3)  

In that subsection, for paragraph (b) substitute—

 

“(b)    

order any witness to attend and be examined before the Court

 

(whether or not he was called at the trial); and”.

 

      (4)  

After subsection (1) insert—

 

“(1A)    

The power conferred by subsection (1)(a) may be exercised so as to

 

require the production of any document, exhibit or other thing

 

mentioned in that subsection to—

 

(a)    

the Court;

 

(b)    

the appellant;

 

(c)    

the respondent.”

 

      (5)  

After subsection (3) insert—

 

“(4)    

In this section, “respondent” includes a person who will be a

 

respondent if leave to appeal is granted.”

 

23         

In section 26 (additional powers of Court), in subsection (1) after “an appeal”

 

insert “, or an application for leave to appeal,”.

 

Detention of defendant pending appeal to Supreme Court

 

24  (1)  

Section 36 (detention of defendant on appeal by Crown) is amended as

 

follows.


 
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