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Criminal Justice and Immigration Bill, continued

 
 

      (2)  

In subsection (1) 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 35 above), so long as the appeal is

 

pending, or

 

(b)    

an order that he be released without bail.”

 

      (3)  

After subsection (1) insert—

 

“(1A)    

The Court may make an order under subsection (1)(b) only if it thinks

 

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 (2) for “subsection (1)” substitute “subsection (1)(a)”.

 

      (5)  

In subsection (3) for “this section” (in each place where it occurs) substitute

 

“subsection (1)(a)”.

 

      (6)  

In subsection (3A) for “this section” (in the first place where it occurs)

 

substitute “subsection (1)(a)”.

 

      (7)  

For subsection (4) substitute—

 

“(4)    

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 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 (2) or

 

the defendant has been released or discharged by virtue of

 

subsection (3) or (3A).”

 

Powers of single judge

 

25  (1)  

Section 45 (powers of Court of Appeal which are exercisable by single judge)

 

is amended as follows.

 

      (2)  

After subsection (3C) insert—

 

“(3D)    

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

 

Article 8(11) of the Criminal Justice (Serious Fraud) (Northern

 

Ireland) Order 1988 may be exercised by a single judge in the same

 

manner as it may be exercised by the Court.”

 

Amendments of other acts

 

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

 

make—

 

(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.”


 
 

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      (3)  

After subsection (1) insert—

 

“(1A)    

The court may make an order under subsection (1)(b) only if it thinks

 

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 “subsection (1)” substitute “subsection (1)(a)”.

 

      (5)  

In subsection (4) for “the said subsection (1)” substitute “the said subsection

 

(1)(a)”.

 

      (6)  

In subsection (4A) for “the said subsection (1)” substitute “the said subsection

 

(1)(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 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

 

subsection (4) or (4A).”

 

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.

 

      (2)  

In subsection (2)—

 

(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.

 

      (2)  

In subsection (1)—

 

(a)    

for “28 days” substitute “56 days”, and

 

(b)    

omit the words from “or, where subsection (2) below applies,” to the

 

end.

 

      (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.’.

 


 

Mr David Hanson

 

NS11

 

Parliamentary Star    

To move the following Schedule:—


 
 

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‘Amendments to armed forces legislation

 

Courts-Martial (Appeals) Act 1968

 

1          

The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the

 

following amendments.

 

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

 

appellant’s guilt.

 

(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

 

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

 

amended as follows.

 

      (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

 

follows.

 

      (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

 

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.”


 
 

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      (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.”

 

Armed Forces Act 2006

 

7          

The Armed Forces Act 2006 (c. 52) has effect subject to the following

 

amendments.

 

Term of sentence

 

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

 

relevant service court—

 

(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

 

a summary offence; and

 

(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—


 
 

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(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

 

(3A)”.

 

      (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

 

compensation.”

 

      (5)  

After subsection (7) insert—

 

“(7A)    

But in a case where—

 

(a)    

a person’s conviction for an offence is quashed on an appeal

 

out of time, and

 

(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

 

with the retrial.”

 

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

 

the conviction, and

 

(b)    

the conduct of the investigation and prosecution of the

 

offence.

 

(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—


 
 

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(a)    

any conduct of the person appearing to the assessor to have

 

directly or indirectly caused, or contributed to, the conviction

 

concerned; and

 

(b)    

any other convictions of the person and any punishment

 

resulting from them.

 

(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

 

only.

 

(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.

 

    

That limit is £500,000.

 

(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

 

“276A(7),”.

 

Transitional provisions

 

Transitional provisions: compensation for miscarriage of justice

 

13  (1)  

Paragraph 10(3) has effect in relation to any application for compensation

 

made in relation to—

 

(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

 

date, and

 

(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.

 

      (5)  

In the case of—

 

(a)    

a conviction which is reversed, or


 
 

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Criminal Justice and Immigration Bill, continued

 
 

(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

 

which justify doing so.

 

      (7)  

In this paragraph—

 

“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

 

come into force;

 

“reversed” has the same meaning as in section 276(1) of the 2006 Act (as

 

amended by paragraph 10(5)).’.

 


 

Mr David Hanson

 

Title,  line  4,  after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison

 

Complaints’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

Title,  line  8,  after ‘criminality;’, insert ‘to amend the Extradition Act 2003;’.

 

Mr David Hanson

 

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:

 

Committal

 

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


 
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