Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980
199

(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
5
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
10
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
15
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—
20
“(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;
25
(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”
30
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
35
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
40
(b)
an order that he be released without bail.”

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 3 — Amendments of other acts
200

      (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.”
5
      (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)”.
10
      (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
15
(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
20
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
25
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
30
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
35
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—
40
“(1A)
The court may make an order under subsection (1)(b) only if it thinks

Criminal Justice and Immigration Bill
Schedule 6 — Appeals in criminal cases
Part 3 — Amendments of other acts
201

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
5
(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
10
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
15
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)—
20
(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
25
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.
      (2)
In subsection (1)—
30
(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
35
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.

Criminal Justice and Immigration Bill
Schedule 7 — Her Majesty’s Commissioner for Offender Management and Prisons
202

Schedule 7
Section 34

Her Majesty’s Commissioner for Offender Management and Prisons
Appointment and removal from office
1
Her Majesty may appoint a person to be the Commissioner.
2     (1)
A person appointed as Commissioner shall hold office for such term, not
5
exceeding five years, as may be specified in the terms of appointment.
      (2)
At the end of that term the person concerned is eligible for re-appointment
for a further period not exceeding five years.
      (3)
A person may not be re-appointed for a third consecutive term unless, by
reason of special conditions, such re-appointment is desirable in the public
10
interest.
3     (1)
The Commissioner may be relieved of office by Her Majesty at the
Commissioner’s own request or removed from office by Her Majesty in
consequence of Addresses from both Houses of Parliament.
      (2)
Her Majesty may declare the office of Commissioner to have been vacated if
15
satisfied that the person appointed is incapable for medical reasons of
performing the functions of that office.
Remuneration, pensions and other benefits
4
The Secretary of State shall pay the Commissioner such remuneration and
such travelling and other allowances as the Secretary of State may
20
determine.
5
The Secretary of State shall pay to or in respect of a person who holds or has
held office as Commissioner such pension, allowances or gratuities as the
Secretary of State may determine.
Appointment of acting Commissioner
25
6     (1)
Where the office of Commissioner becomes vacant, the Secretary of State
may appoint a person as acting Commissioner.
      (2)
The power under sub-paragraph (1) may not be exercised after the end of the
period of two years beginning with the day on which the vacancy arose.
7     (1)
Any person holding office as acting Commissioner shall cease to hold that
30
office—
(a)
on the appointment of a new Commissioner; or
(b)
at the end of the period of two years beginning with the day on
which the vacancy arose.
      (2)
Otherwise, a person appointed as acting Commissioner holds office in
35
accordance with the terms of appointment.
8
A person holding office as acting Commissioner is to be treated for all
purposes (apart from those of paragraphs 1 to 7) as the Commissioner.

Criminal Justice and Immigration Bill
Schedule 8 — The Commissioner’s complaints remit
Part 1 — The specified matters
203

The Commissioner’s staff
9
The Commissioner’s staff shall be provided by (or in pursuance of
arrangements made by) the Secretary of State.
Delegation of functions
10    (1)
Any function of the Commissioner may be performed on behalf of the
5
Commissioner by an authorised member of staff (but only to the extent that
the person concerned is authorised to do so).
      (2)
In sub-paragraph (1) “authorised member of staff” means a member of the
Commissioner’s staff who is authorised by the Commissioner to exercise
that function.
10
Advisers
11    (1)
The Commissioner may obtain advice to assist in the performance of any of
the Commissioner’s functions from any person who appears to the
Commissioner to be qualified to give it.
      (2)
The Commissioner may pay fees or allowances to any person in relation to
15
the provision of advice under this paragraph.
Annual and other reports
12    (1)
The Commissioner—
(a)
shall publish a general report on the performance of the
Commissioner’s functions during each year (an “annual report”);
20
(b)
may publish other reports with respect to those functions.
      (2)
An annual report must be published as soon as may be practicable after the
end of the year to which it relates.
      (3)
The Commissioner shall send a copy of each report under this paragraph to
the Secretary of State.
25
      (4)
The Secretary of State shall lay before Parliament—
(a)
a copy of each annual report,
(b)
a copy of any other report under this paragraph which is sent with a
request for it to be so laid,

and shall do so as soon as practicable after receiving a copy of the report
30
concerned.
Schedule 8
Section 35

The Commissioner’s complaints remit
Part 1
The specified matters
35
1
Any matter relating to the way in which a person has been treated at any
applicable premises while being held there.

Criminal Justice and Immigration Bill
Schedule 8 — The Commissioner’s complaints remit
Part 2 — Supplementary
204

2
Any matter relating to the way in which a person has been treated by prison
officers or prisoner custody officers while in their custody, or under their
control or escort, anywhere in the world.

Note: The matters covered by this paragraph include matters affecting a
person who has been charged with or convicted of an offence which relate
5
to the exercise of the statutory functions of a prison officer or a prisoner
custody officer.
3
Any matter relating to the exercise—
(a)
in relation to a person who has been charged with or convicted of an
offence, of any statutory function of the Secretary of State relating to
10
applicable premises (other than approved premises) or persons held
there; or
(b)
in relation to a person being held in approved premises, of any
statutory function of the Secretary of State relating to approved
premises or persons held there.
15
4
Any matter relating to the conduct of a local probation board or officer of a
local probation board in connection with responsibilities assumed by the
board or officer in relation to a person who has been charged with or
convicted of an offence.

Note: The reference to a local probation board includes a reference to a
20
person acting in pursuance of arrangements of the kind mentioned in
section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43).
5
Any matter relating to the conduct of a provider of probation services or an
officer of a provider of probation services in connection with responsibilities
assumed by the provider or officer in relation to a person who has been
25
charged with or convicted of an offence.

Note: The reference to a provider of probation services includes a reference
to a person acting in pursuance of arrangements of the kind mentioned in
section 3(3)(c)(i) of the Offender Management Act 2007 (c. 21).
6
Any matter relating to the way in which a person has been treated at any
30
immigration detention premises (other than excepted premises) while being
detained there under—
(a)
the Immigration Act 1971 (c. 77);
(b)
section 62 of the Nationality, Immigration and Asylum Act 2002
(c. 41); or
35
(c)
section 36 of the UK Borders Act 2007 (c.30).
7
Any matter relating to the way in which a person has been treated by
immigration custody officers while in their custody, or under their control
or escort, anywhere in the world (other than at immigration detention
premises).
40
Part 2
Supplementary
8
In this Schedule “statutory functions” means functions conferred by or
under any Act (including, in the case of prison officers, functions exercisable
by virtue of section 8 of the Prison Act 1952 (c. 52)).
45
9
In paragraph 3 the references to the Secretary of State are references to the
Secretary of State having responsibility for prisons.