House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29th November 2007
751

Criminal Justice and Immigration Bill, continued

“(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.

      (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

Public Bill Committee: 29th November 2007
752

Criminal Justice and Immigration Bill, continued

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

manner as it may be exercised by the Court.”

Part 3

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.”

      (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.

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Criminal Justice and Immigration Bill, continued

      (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

To move the following Schedule:—

‘Amendments to armed forces legislation

Part 1

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.

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Criminal Justice and Immigration Bill, continued

(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.”

      (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.”

Part 2

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—

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Criminal Justice and Immigration Bill, continued

(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—

(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—