|
| |
|
number of hours set out opposite that amount in the second column. |
| |
|
(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. |
| |
|
| |
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 |
| |
| 30 |
|
|
| |
|
| |
|
|
|
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), |
| |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(3) | Paragraph 12 has effect as if, after paragraph (b) there were inserted— |
| 5 |
“(bb) | any power to impose a fine on the offender”. |
| |
| |
| |
Appeals in criminal cases |
| |
| |
Amendments to the Criminal Appeal Act 1968 |
| 10 |
1 | The Criminal Appeal Act 1968 (c. 19) has effect subject to the following |
| |
| |
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 |
| |
| |
(a) | after “if” insert “, within 28 days from the date on which the sentence |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(c) | the appellant remains convicted of one or more of those |
| |
| |
| |
(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”. |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| |
| |
(c) | section 14(5) and the definition of interim hospital order in section |
| 35 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
9 | In section 31 (powers of Court which are exercisable by single judge) after |
| |
| 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 |
| |
| |
| 10 |
10 (1) | Section 23 (evidence) is amended as follows. |
| |
(2) | In subsection (1) after “an appeal” insert “, or an application for leave to |
| |
| |
(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— |
| |
| |
| |
| |
(5) | In subsection (4) after “an appeal” insert “, or an application for leave to |
| 25 |
| |
(6) | After subsection (5) insert— |
| |
“(6) | In this section, “respondent” includes a person who will be a |
| |
respondent if leave to appeal is granted.” |
| |
| 30 |
11 (1) | Section 31 (powers of Court of Appeal which are exercisable by single judge) |
| |
| |
(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 |
| |
|
| |
|
| |
|
Appeals against procedural directions |
| |
12 | In section 31C (appeals against procedural directions), omit subsections (1) |
| |
| |
Detention of defendant pending appeal to Supreme Court |
| |
13 (1) | Section 37 (detention of defendant on appeal by Crown) is amended as |
| 5 |
| |
(2) | In subsection (2) for the words from “may make” to the end substitute “shall |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
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,”. |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(3) | After subsection (2) insert— |
| |
“(3) | For the purposes of subsection (1)(a), two or more sentences are |
| |
| |
(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 |
| |
| 30 |
| |
(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 |
| |
| |
| |
19 | Section 10(6) (effect of interim hospital orders made by Court of Appeal) is |
| |
| 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— |
| |
|
| |
|