|
| |
|
(a) | makes an interim hospital order by virtue of any provision of |
| |
| |
(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 |
| |
21 | In section 45 (powers of Court which are exercisable by single judge) after |
| |
| |
“(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 |
| |
| |
| |
22 (1) | Section 25 (evidence) is amended as follows. |
| |
(2) | In subsection (1) after “an appeal” insert “, or an application for leave to |
| 15 |
| |
(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— |
| |
| |
| 25 |
| |
(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 |
| |
| |
(2) | In subsection (1) for the words from “may make” to the end substitute “shall |
| 35 |
| |
(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 |
| |
| 40 |
(b) | an order that he be released without bail.” |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
| 20 |
25 (1) | Section 45 (powers of Court of Appeal which are exercisable by single judge) |
| |
| |
(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.” |
| |
| |
| |
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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(6) | In subsection (4A) for “the said subsection (1)” substitute “the said |
| |
| |
(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 |
| |
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. |
| |
| 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. |
| |
| 30 |
(a) | for “28 days” substitute “56 days”, and |
| |
(b) | omit the words from “or, where subsection (2) below applies,” to the |
| |
| |
(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. |
| |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
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 |
| |
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 |
| |
(a) | on the appointment of a new Commissioner; or |
| |
(b) | at the end of the period of two years beginning with the day on |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
9 | The Commissioner’s staff shall be provided by (or in pursuance of |
| |
arrangements made by) the Secretary of State. |
| |
| |
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 |
| |
| 10 |
| |
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. |
| |
| |
| |
(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 |
| |
| 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 |
| |
| |
| |
The Commissioner’s complaints remit |
| |
| |
| 35 |
1 | Any matter relating to the way in which a person has been treated at any |
| |
applicable premises while being held there. |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(a) | the Immigration Act 1971 (c. 77); |
| |
(b) | section 62 of the Nationality, Immigration and Asylum Act 2002 |
| |
| 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 |
| |
| 40 |
| |
| |
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. |
| |
|
| |
|