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| |
| |
|
| | (2) | In subsection (1) for the words from “may make” to the end substitute “shall |
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| | |
| | (a) | an order providing for his detention, or directing that he shall |
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| | not be released except on bail (which may be granted by the |
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| | Court as under section 35 above), so long as the appeal is |
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| | |
| | (b) | an order that he be released without bail.” |
|
| | (3) | After subsection (1) insert— |
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| | “(1A) | The Court may make an order under subsection (1)(b) only if it thinks |
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| | that it is in the interests of justice that the defendant should not be |
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| | liable to be detained as a result of the decision of the Supreme Court |
|
| | |
| | (4) | In subsection (2) for “subsection (1)” substitute “subsection (1)(a)”. |
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| | (5) | In subsection (3) for “this section” (in each place where it occurs) substitute |
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| | |
| | (6) | In subsection (3A) for “this section” (in the first place where it occurs) |
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| | substitute “subsection (1)(a)”. |
|
| | (7) | For subsection (4) substitute— |
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| | “(4) | The defendant shall not be liable to be detained again as a result of the |
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| | decision of the Supreme Court on the appeal if— |
|
| | (a) | the Court of Appeal has made an order under subsection |
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| | |
| | (b) | the Court has made an order under subsection (1)(a) but the |
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| | order has ceased to have effect by virtue of subsection (2) or |
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| | the defendant has been released or discharged by virtue of |
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| | |
| | |
| | 25 (1) | Section 45 (powers of Court of Appeal which are exercisable by single judge) |
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| | |
| | (2) | After subsection (3C) insert— |
|
| | “(3D) | The power of the Court of Appeal to grant leave to appeal under |
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| | Article 8(11) of the Criminal Justice (Serious Fraud) (Northern |
|
| | Ireland) Order 1988 may be exercised by a single judge in the same |
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| | manner as it may be exercised by the Court.” |
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| | |
| | Detention of defendant pending appeal from High Court to Supreme Court |
|
| | 26 (1) | Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order |
|
| | detention or admission to bail of defendant) is amended as follows. |
|
| | (2) | In subsection (1) for the words from “may make” to the end substitute “shall |
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| | |
| | (a) | an order providing for the detention of the defendant, or |
|
| | directing that he shall not be released except on bail (which |
|
| | may be granted by the court as under section 4 above), so long |
|
| | as the appeal is pending, or |
|
| | (b) | an order that the defendant be released without bail.” |
|
|
|
| |
| |
|
| | (3) | After subsection (1) insert— |
|
| | “(1A) | The court may make an order under subsection (1)(b) only if it thinks |
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| | that it is in the interests of justice that the defendant should not be |
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| | liable to be detained as a result of the decision of the Supreme Court |
|
| | |
| | (4) | In subsection (3) for “subsection (1)” substitute “subsection (1)(a)”. |
|
| | (5) | In subsection (4) for “the said subsection (1)” substitute “the said subsection |
|
| | |
| | (6) | In subsection (4A) for “the said subsection (1)” substitute “the said subsection |
|
| | |
| | (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 has made an order under subsection (1)(b), or |
|
| | (b) | the court has made an order under subsection (1)(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 |
|
| | |
| | Variation of sentences by Crown Court |
|
| | 27 (1) | Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences |
|
| | imposed and other decisions made by Crown Court) is amended as follows. |
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| | |
| | (a) | for “28 days” substitute “56 days”, and |
|
| | (b) | omit the words from “or, where subsection (3) applies,” to the end. |
|
| | (3) | After subsection (2) insert— |
|
| | “(2A) | The power conferred by subsection (1) may not be exercised in |
|
| | relation to any sentence or order if an appeal, or an application for |
|
| | leave to appeal, against that sentence or order has been determined.” |
|
| | (4) | Subsection (3) is omitted. |
|
| | 28 (1) | Section 155 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
|
| | (alteration of Crown Court sentence) is amended as follows. |
|
| | |
| | (a) | for “28 days” substitute “56 days”, and |
|
| | (b) | omit the words from “or, where subsection (2) below applies,” to the |
|
| | |
| | (3) | After subsection (1) insert— |
|
| | “(1A) | The power conferred by subsection (1) may not be exercised in |
|
| | relation to any sentence or order if an appeal, or an application for |
|
| | leave to appeal, against that sentence or order has been determined.” |
|
| | (4) | Subsections (2) and (3) are omitted.’. |
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| |
| |
| | |
|
| To move the following Schedule:— |
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|
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| |
| |
|
| | ‘Amendments to armed forces legislation |
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| | Courts-Martial (Appeals) Act 1968 |
|
| | 1 | The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the |
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| | |
| | Determination of appeals from Court Martial |
|
| | 2 (1) | Section 12 (power to quash conviction as unsafe) is amended as follows. |
|
| | (2) | After subsection (1) insert— |
|
| | “(1A) | For the purposes of subsection (1)(a), the conviction is not unsafe if |
|
| | the Appeal Court think that there is no reasonable doubt about the |
|
| | |
| | (1B) | Subsection (1A) does not require the Appeal Court to dismiss the |
|
| | appeal if they think that it would seriously undermine the proper |
|
| | administration of justice to allow the conviction to stand.” |
|
| | (3) | After subsection (1B) (inserted by sub-paragraph (2) above) insert— |
|
| | “(1C) | In determining for the purposes of subsection (1)(a) whether the |
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| | conviction is unsafe the Appeal Court may, if they think it appropriate |
|
| | in all the circumstances of the case, disregard any development in the |
|
| | law since the date of the conviction.” |
|
| | 3 (1) | Section 21 (appeal against finding of not guilty by reason of insanity) is |
|
| | |
| | (2) | After subsection (1A) (as inserted by the Armed Forces Act 2006) insert— |
|
| | “(1AA) | For the purposes of subsection (1A)(a), the finding shall not be |
|
| | regarded as unsafe for a reason unrelated to the correctness of the |
|
| | finding of insanity if the Appeal Court think that there is no reasonable |
|
| | doubt that the appellant did the act or made the omission charged. |
|
| | (1AB) | Subsection (1AA) does not require the Appeal Court to dismiss the |
|
| | appeal if they think that it would seriously undermine the proper |
|
| | administration of justice to allow the finding to stand.” |
|
| | (3) | After subsection (1AB) (inserted by sub-paragraph (2) above) insert— |
|
| | “(1AC) | In determining for the purposes of subsection (1A)(a) whether the |
|
| | finding is unsafe the Appeal Court may, if they think it appropriate in |
|
| | all the circumstances of the case, disregard any development in the law |
|
| | since the date of the finding.” |
|
| | 4 (1) | Section 25 (disposal of appeal against finding of unfitness) is amended as |
|
| | |
| | (2) | After subsection (1A) (as inserted by the Armed Forces Act 2006) insert— |
|
| | “(1AA) | For the purposes of subsection (1A)(a), a finding shall not be regarded |
|
| | as unsafe for a reason unrelated to the correctness of the finding that |
|
| | the appellant is unfit to stand trial if the Appeal Court think that there |
|
| | is no reasonable doubt that the appellant did the act or made the |
|
| | |
| | (1AB) | Subsection (1AA) does not require the Appeal Court to dismiss the |
|
| | appeal if they think that it would seriously undermine the proper |
|
| | administration of justice to allow the finding to stand.” |
|
|
|
| |
| |
|
| | (3) | After subsection (1AB) (inserted by sub-paragraph (2) above) insert— |
|
| | “(1AC) | In determining for the purposes of subsection (1A)(a) whether a |
|
| | finding is unsafe the Appeal Court may, if they think it appropriate in |
|
| | all the circumstances of the case, disregard any development in the law |
|
| | since the date of the finding.” |
|
| | 5 | In section 28 (evidence)— |
|
| | (a) | in subsection (2)(b) after “allowing” insert “or dismissing”, and |
|
| | (b) | in subsection (2)(c) for “which is the subject of the appeal” substitute |
|
| | “which is relevant to the determination of the appeal”. |
|
| | 6 | Before section 36 (but after the cross-heading preceding it) insert— |
|
| | “35A | Evidence given after close of prosecution case |
|
| | In determining an appeal under this Part, the Appeal Court shall not |
|
| | disregard any evidence solely on the ground that it was given after the |
|
| | judge advocate at the appellant’s trial wrongly permitted the trial to |
|
| | continue after the close of the evidence for the prosecution.” |
|
| | |
| | 7 | The Armed Forces Act 2006 (c. 52) has effect subject to the following |
|
| | |
| | |
| | 8 | In section 196 (term of sentence etc: application of criminal justice provisions |
|
| | to service courts etc), after subsection (2) insert— |
|
| | “(3) | In the application of section 189(1A) and (1B) of the 2003 Act to a |
|
| | |
| | (a) | references to a summary offence shall be read as references to |
|
| | an offence under section 42 as respects which the |
|
| | corresponding offence under the law of England and Wales is |
|
| | |
| | (b) | references to an indictable offence shall be read as references |
|
| | to an offence under section 42 as respects which the |
|
| | corresponding offence under the law of England and Wales is |
|
| | an indictable offence under that law.” |
|
| | Review of sentence on reference by Attorney General |
|
| | 9 | In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal |
|
| | Court) for subsection (7) substitute— |
|
| | “(7) | Where a reference under subsection (1) relates to a case in which the |
|
| | Court Martial made an order specified in subsection (7A), the Court |
|
| | Martial Appeal Court may not, in deciding what sentence is |
|
| | appropriate for the case, make any allowance for the fact that the |
|
| | offender is being sentenced for a second time. |
|
| | (7A) | The orders specified in this subsection are— |
|
|
|
| |
| |
|
| | (a) | an order under section 269(2) of the 2003 Act (determination |
|
| | of minimum term in relation to mandatory life sentence); |
|
| | (b) | an order under section 82A(2) of the Sentencing Act |
|
| | (determination of minimum term in relation to discretionary |
|
| | life sentences and certain other sentences).” |
|
| | Compensation for miscarriages of justice |
|
| | 10 (1) | Section 276 (compensation for miscarriages of justice) is amended as follows. |
|
| | (2) | In subsection (1) for “subsections (2) and (3)” substitute “subsections (2) to |
|
| | |
| | (3) | At the end of subsection (3) 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 he is pardoned. |
|
| | (3A) | 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.” |
|
| | (4) | For subsection (6) substitute— |
|
| | “(6) | Section 276A applies in relation to the assessment of the amount of the |
|
| | |
| | (5) | After subsection (7) insert— |
|
| | “(7A) | But in a case where— |
|
| | (a) | a person’s conviction for an offence is quashed on an appeal |
|
| | |
| | (b) | the person is to be subject to a retrial, |
|
| | | the conviction is not to be treated for the purposes of subsection (1) as |
|
| | “reversed” unless and until the person is acquitted of all offences at the |
|
| | retrial or the prosecution indicates that it has decided not to proceed |
|
| | |
| | 11 | After section 276 insert— |
|
| | “276A | Miscarriages of justice: amount of compensation |
|
| | (1) | This section applies where an assessor is required to assess the amount |
|
| | of compensation payable to or in respect of a person under section 276 |
|
| | for a miscarriage of justice. |
|
| | (2) | In assessing so much of any compensation payable under section 276 |
|
| | as is attributable to suffering, harm to reputation or similar damage, |
|
| | the assessor must have regard in particular to— |
|
| | (a) | the seriousness of the offence of which the person was |
|
| | convicted and the severity of the punishment resulting from |
|
| | |
| | (b) | the conduct of the investigation and prosecution of the |
|
| | |
| | (3) | The assessor may make from the total amount of compensation that |
|
| | the assessor would otherwise have assessed as payable under section |
|
| | 276 any deduction or deductions that the assessor considers |
|
| | appropriate by reason of either or both of the following— |
|
|
|
| |
| |
|
| | (a) | any conduct of the person appearing to the assessor to have |
|
| | directly or indirectly caused, or contributed to, the conviction |
|
| | |
| | (b) | any other convictions of the person and any punishment |
|
| | |
| | (4) | If, having had regard to any matters falling within subsection (3)(a) or |
|
| | (b), the assessor considers that there are exceptional circumstances |
|
| | which justify doing so, the assessor may determine that the amount of |
|
| | compensation payable under section 276 is to be a nominal amount |
|
| | |
| | (5) | The total amount of compensation payable to or in respect of a person |
|
| | under section 276 for a particular miscarriage of justice must not |
|
| | exceed the overall compensation limit. |
|
| | |
| | (6) | The total amount of compensation payable under section 276 for a |
|
| | person’s loss of earnings or earnings capacity in respect of any one |
|
| | year must not exceed the earnings compensation limit. |
|
| | | That limit is an amount equal to 1.5 times the median annual gross |
|
| | earnings according to the latest figures published by the Office of |
|
| | National Statistics at the time of the assessment. |
|
| | (7) | The Secretary of State may by order amend subsection (5) or (6) so as |
|
| | to alter the amount for the time being specified as the overall |
|
| | compensation limit or the earnings compensation limit.” |
|
| | 12 | In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert |
|
| | |
| | |
| | Transitional provisions: compensation for miscarriage of justice |
|
| | 13 (1) | Paragraph 10(3) has effect in relation to any application for compensation |
|
| | |
| | (a) | a conviction which is reversed, and |
|
| | (b) | a pardon which is given, |
|
| | | on or after the commencement date. |
|
| | (2) | Paragraphs 10(4) and 11 have effect in relation to— |
|
| | (a) | any application for compensation made on or after the commencement |
|
| | |
| | (b) | any application for compensation made before that date in relation to |
|
| | which the question whether there is a right to compensation has not |
|
| | been determined before that date by the Secretary of State under |
|
| | section 276(4) of the 2006 Act. |
|
| | (3) | Paragraph 10(5) has effect in relation to any conviction quashed on an appeal |
|
| | out of time in respect of which an application for compensation has not been |
|
| | made before the commencement date. |
|
| | (4) | Paragraph 10(5) so has effect whether a conviction was quashed before, on or |
|
| | after the commencement date. |
|
| | |
| | (a) | a conviction which is reversed, or |
|
|
|
| |
| |
|
| | (b) | a pardon which is given, |
|
| | | before the commencement date but in relation to which an application for |
|
| | compensation has not been made before that date, any such application must |
|
| | be made before the end of the period of 2 years beginning with that date. |
|
| | (6) | But the Secretary of State may direct that an application for compensation in |
|
| | relation to a case falling within sub-paragraph (5) which is made after the end |
|
| | of that period is to be treated as if it had been made before the end of that period |
|
| | if the Secretary of State considers that there are exceptional circumstances |
|
| | |
| | |
| | “the 2006 Act” means the Armed Forces Act 2006 (c. 52); |
|
| | “application for compensation” means an application for compensation |
|
| | made under section 276(3) of the 2006 Act; |
|
| | “the commencement date” means the date on which paragraphs 10 and 11 |
|
| | |
| | “reversed” has the same meaning as in section 276(1) of the 2006 Act (as |
|
| | amended by paragraph 10(5)).’. |
|
| |
| |
| Title, line 4, after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison |
|
| |
| |
| |
| |
| Title, line 8, after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’. |
|
| |
| | That certain written evidence already reported to the House be appended to the |
|
| | proceedings of the Committee. |
|
| |
| | orders of the house [8th and 11th OCTOBER 2007] |
|
| | That the following provisions shall apply to the Criminal Justice and Immigration Bill: |
|
| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | Proceedings in Public Bill Committee |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Thursday 29th November 2007. |
|
| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
|