House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th November 2007
746

Criminal Justice and Immigration Bill, continued


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

To move the following Schedule:—

‘Appeals in criminal cases

Part 1

Amendments to the Criminal Appeal Act 1968

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

Public Bill Committee: 29th November 2007
747

Criminal Justice and Immigration Bill, continued

(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.

(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.”

Public Bill Committee: 29th November 2007
748

Criminal Justice and Immigration Bill, continued

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.”

      (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

Public Bill Committee: 29th November 2007
749

Criminal Justice and Immigration Bill, continued

(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

(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).”

Part 2

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.

Public Bill Committee: 29th November 2007
750

Criminal Justice and Immigration Bill, continued

(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

(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—