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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.

 
 

 
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Revised 5 December 2007