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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—

 
 

 
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