Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
192

number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

hours

An amount not exceeding
8

5

£250

An amount exceeding £250
14

but not exceeding £500

An amount exceeding £500
24”,

(c)
in paragraph (c), for “must not be more than 12” there were
10
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

15

hours

An amount not exceeding
8

£250

An amount exceeding £250
10

but not exceeding £500

20

An amount exceeding £500
12”.

Curfew requirement
4     (1)
In its application to a youth default order, paragraph 14 of Schedule 1
(curfew requirement) is modified as follows.
      (2)
That paragraph has effect as if after sub-paragraph (2) there were inserted—
25
   “(2A)
In the case of an amount in default which is specified in the first
column of the following Table, the number of days on which the
person in default is subject to the curfew requirement must not
exceed the number of days set out opposite that amount in the
second column.
30

TABLE

Amount
Number of days

An amount not exceeding
20

£200

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
193

TABLE

Amount
Number of days

An amount exceeding £200
30

but not exceeding £500

An amount exceeding £500
60

5

but not exceeding £1,000

An amount exceeding
90

£1,000 but not exceeding

£2,000

An amount exceeding
180”.

10

£2,000

Enforcement, revocation and amendment of youth default order
5     (1)
In its application to a youth default order, Schedule 2 (breach, revocation or
amendment of youth rehabilitation orders) is modified as follows.
      (2)
Any reference to the offence in respect of which the youth rehabilitation
15
order was made is to be read as a reference to the default in respect of which
the youth default order was made.
      (3)
Accordingly, any power of the court to revoke a youth rehabilitation order
and deal with the offender for the offence is to be taken to be a power to
revoke the youth default order and deal with him in any way in which the
20
court which made the youth default order could deal with him for his
default in paying the sum in question.
      (4)
Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted
“as having been made by a magistrates’ court”.
      (5)
The following provisions are omitted—
25
(a)
paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),
(b)
paragraph 11(5),
(c)
paragraph 18(7), and
(d)
paragraph 19(3).
Power to alter amount of money or number of hours or days
30
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by
substituting for any reference to an amount of money or a number of hours
or days there specified a reference to such other amount or number as may
be specified in the order.
Transfer of youth default order to Northern Ireland
35
7     (1)
In its application to a youth default order, Schedule 3 is modified as follows.

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 1 — Amendments to the Criminal Appeal Act 1968
194

      (2)
Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted—
    “(3)
Nothing in sub-paragraph (1) affects the application of section
23(7) to a youth default order made or amended in accordance
with paragraph 1 or 2.”
      (3)
Paragraph 12 has effect as if, after paragraph (b) there were inserted—
5
“(bb)
any power to impose a fine on the offender”.
Schedule 6
Section 33

Appeals in criminal cases
Part 1
Amendments to the Criminal Appeal Act 1968
10
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,”.
15
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”.
20
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
25
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
30
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
35
respect of one or more of the offences for which the sentences
were passed (“the related offences”), but

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 1 — Amendments to the Criminal Appeal Act 1968
195

(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
5
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
10
(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—
15
(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
20
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
25
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
30
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
35
14(7), and
(d)
section 16B(3).
8
After section 30B (as inserted by section 26(7)) insert—
“30C
Effect of interim hospital orders
(1)
This section applies where the Court of Appeal—
40
(a)
make an interim hospital order by virtue of any provision of
this Part, or
(b)
renew an interim hospital order so made.

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 1 — Amendments to the Criminal Appeal Act 1968
196

(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—
5
“(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
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
15
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
20
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
25
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
30
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
35
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
40
exercised by the Court.”

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980
197

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
5
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
10
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
15
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
20
“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
25
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
30
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
35
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,”.

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980
198

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
5
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—
10
“(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
15
(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
20
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,
25
(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.
30
(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),
35

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.
40
20
After section 29A (as inserted by section 27(6)) insert—
“29B
Effect of interim hospital orders
(1)
This section applies where the Court of Appeal—