|
| |
|
(3) | At the end of subsection (3) insert “before the end of the period of 2 years |
| |
beginning with the date on which the conviction of the person concerned is |
| |
reversed or he is pardoned. |
| |
(3A) | But the Secretary of State may direct that an application for |
| |
compensation made after the end of that period is to be treated as if |
| 5 |
it had been made within that period if the Secretary of State considers |
| |
that there are exceptional circumstances which justify doing so.” |
| |
(4) | For subsection (6) substitute— |
| |
“(6) | Section 276A applies in relation to the assessment of the amount of |
| |
| 10 |
(5) | After subsection (7) insert— |
| |
“(7A) | But in a case where— |
| |
(a) | a person’s conviction for an offence is quashed on an appeal |
| |
| |
(b) | the person is to be subject to a retrial, |
| 15 |
| the conviction is not to be treated for the purposes of subsection (1) |
| |
as “reversed” unless and until the person is acquitted of all offences |
| |
at the retrial or the prosecution indicates that it has decided not to |
| |
proceed with the retrial.” |
| |
11 | After section 276 insert— |
| 20 |
“276A | Miscarriages of justice: amount of compensation |
| |
(1) | This section applies where an assessor is required to assess the |
| |
amount of compensation payable to or in respect of a person under |
| |
section 276 for a miscarriage of justice. |
| |
(2) | In assessing so much of any compensation payable under section 276 |
| 25 |
as is attributable to suffering, harm to reputation or similar damage, |
| |
the assessor must have regard in particular to— |
| |
(a) | the seriousness of the offence of which the person was |
| |
convicted and the severity of the punishment resulting from |
| |
| 30 |
(b) | the conduct of the investigation and prosecution of the |
| |
| |
(3) | The assessor may make from the total amount of compensation that |
| |
the assessor would otherwise have assessed as payable under section |
| |
276 any deduction or deductions that the assessor considers |
| 35 |
appropriate by reason of either or both of the following— |
| |
(a) | any conduct of the person appearing to the assessor to have |
| |
directly or indirectly caused, or contributed to, the conviction |
| |
| |
(b) | any other convictions of the person and any punishment |
| 40 |
| |
(4) | If, having had regard to any matters falling within subsection (3)(a) |
| |
or (b), the assessor considers that there are exceptional circumstances |
| |
which justify doing so, the assessor may determine that the amount |
| |
of compensation payable under section 276 is to be a nominal |
| 45 |
| |
|
| |
|
| |
|
(5) | The total amount of compensation payable to or in respect of a |
| |
person under section 276 for a particular miscarriage of justice must |
| |
not exceed the overall compensation limit. |
| |
| |
(6) | The total amount of compensation payable under section 276 for a |
| 5 |
person’s loss of earnings or earnings capacity in respect of any one |
| |
year must not exceed the earnings compensation limit. |
| |
| That limit is an amount equal to 1.5 times the median annual gross |
| |
earnings according to the latest figures published by the Office of |
| |
National Statistics at the time of the assessment. |
| 10 |
(7) | The Secretary of State may by order amend subsection (5) or (6) so as |
| |
to alter the amount for the time being specified as the overall |
| |
compensation limit or the earnings compensation limit.” |
| |
12 | In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert |
| |
| 15 |
| |
| |
Transitional provisions: compensation for miscarriage of justice |
| |
13 (1) | Paragraph 10(3) has effect in relation to any application for compensation |
| |
| 20 |
(a) | a conviction which is reversed, and |
| |
(b) | a pardon which is given, |
| |
| on or after the commencement date. |
| |
(2) | Paragraphs 10(4) and 11 have effect in relation to— |
| |
(a) | any application for compensation made on or after the |
| 25 |
| |
(b) | any application for compensation made before that date in relation |
| |
to which the question whether there is a right to compensation has |
| |
not been determined before that date by the Secretary of State under |
| |
section 276(4) of the 2006 Act. |
| 30 |
(3) | Paragraph 10(5) has effect in relation to any conviction quashed on an appeal |
| |
out of time in respect of which an application for compensation has not been |
| |
made before the commencement date. |
| |
(4) | Paragraph 10(5) so has effect whether a conviction was quashed before, on |
| |
or after the commencement date. |
| 35 |
| |
(a) | a conviction which is reversed, or |
| |
(b) | a pardon which is given, |
| |
| before the commencement date but in relation to which an application for |
| |
compensation has not been made before that date, any such application |
| 40 |
must be made before the end of the period of 2 years beginning with that |
| |
| |
(6) | But the Secretary of State may direct that an application for compensation in |
| |
relation to a case falling within sub-paragraph (5) which is made after the |
| |
|
| |
|
| |
|
end of that period is to be treated as if it had been made before the end of |
| |
that period if the Secretary of State considers that there are exceptional |
| |
circumstances which justify doing so. |
| |
| |
“the 2006 Act” means the Armed Forces Act 2006 (c. 52); |
| 5 |
“application for compensation” means an application for compensation |
| |
made under section 276(3) of the 2006 Act; |
| |
“the commencement date” means the date on which paragraphs 10 and |
| |
| |
“reversed” has the same meaning as in section 276(1) of the 2006 Act (as |
| 10 |
amended by paragraph 10(5)). |
| |
| |
| |
Minor and consequential amendments |
| |
| |
| 15 |
Magistrates’ Courts Act 1980 (c. 43) |
| |
1 | In section 81(3) of the Magistrates’ Courts Act 1980 (enforcement of fines |
| |
imposed on young offenders) for paragraph (a) substitute— |
| |
“(a) | a youth default order under section 23 of the Criminal Justice |
| |
and Immigration Act 2008; or”. |
| 20 |
Criminal Justice Act 2003 (c. 44) |
| |
2 (1) | The Criminal Justice Act 2003 is amended as follows. |
| |
(2) | In section 221(2) (provision of attendance centres) after paragraph (b) |
| |
| |
“(c) | default orders under section 300 of this Act, or |
| 25 |
(d) | youth default orders under section 23 of the Criminal Justice |
| |
and Immigration Act 2008.” |
| |
(3) | In section 300 (power to impose unpaid work requirement or curfew |
| |
requirement on fine defaulter)— |
| |
| 30 |
(i) | for “16” substitute “18”, and |
| |
(ii) | omit paragraph (b), and |
| |
(b) | in subsection (2), omit from “or, as the case may be” to “young |
| |
| |
(4) | In Schedule 31 (modifications of community order provisions for purposes |
| 35 |
of default order) after paragraph 3 insert— |
| |
“Attendance centre requirement |
| |
3A | In its application to a default order, section 214(2) (attendance |
| |
centre requirement) is modified by the substitution for “not be less |
| |
|
| |
|
| |
|
than 12 or more than 36” of “be— |
| |
(a) | not less than 12, and |
| |
(b) | 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 |
| 5 |
| |
| | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | An amount exceeding £1,000 |
| | | | | | | | | | An amount exceeding £2,500 |
| | | |
|
(5) | In paragraph 4(5)(a) of that Schedule (modifications of community order |
| |
provisions for purposes of default order) omit “, (5)”. |
| 20 |
(6) | In paragraph 5 of that Schedule, for “or 3” substitute “, 3 or 3A”. |
| |
| |
| |
| |
| 25 |
3 | In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of |
| |
young offender institutions), at the end insert “or other persons who may be |
| |
lawfully detained there”. |
| |
Criminal Justice Act 1961 (c. 39) |
| |
4 | In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references |
| 30 |
to imprisonment or detention in case of children and young persons) after |
| |
“in accordance with” insert “a determination of the Secretary of State or of a |
| |
person authorised by him, in accordance with arrangements made by the |
| |
Secretary of State or in accordance with”. |
| |
|
| |
|
| |
|
Criminal Appeal (Northern Ireland) Act 1980 (c. 47) |
| |
5 | In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 |
| |
(grounds for allowing appeal against finding of unfitness to be tried), in |
| |
paragraph (a) for “the finding” substitute “a finding”. |
| |
Wildlife and Countryside Act 1981 (c. 69) |
| 5 |
6 | In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables’ |
| |
powers in connection with samples) for “by this section” substitute “by |
| |
| |
Police and Criminal Evidence Act 1984 (c. 60) |
| |
7 (1) | In section 37B of the Police and Criminal Evidence Act 1984 (consultation |
| 10 |
with the Director of Public Prosecutions) in subsection (9) (meaning of |
| |
| |
(a) | after paragraph (a) (and before the word “and” immediately |
| |
| |
“(aa) | a youth conditional caution within the meaning of |
| 15 |
Chapter 1 of Part 4 of the Crime and Disorder Act |
| |
| |
(b) | in paragraph (b), for “of the Crime and Disorder Act 1998” substitute |
| |
| |
(2) | In section 63B of that Act (testing for presence of Class A drugs) in |
| 20 |
subsection (7) (disclosure of information obtained from drug samples) in |
| |
paragraph (aa) after “Criminal Justice Act 2003” insert “or a youth |
| |
conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act |
| |
| |
Criminal Justice Act 1988 (c. 33) |
| 25 |
8 | In section 160(1) of the Criminal Justice Act 1988 (offence of possession of |
| |
indecent photographs of children) for “Subject to subsection (1A),” |
| |
substitute “Subject to section 160A,”. |
| |
Criminal Justice (Evidence, Etc.) (Northern Ireland Order) 1988 (S.I. 1988/1847 (N.I. 17)) |
| |
9 | In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) |
| 30 |
Order 1988 (possession of indecent photographs of children) after “Article |
| |
| |
Football Spectators Act 1989 (c. 37) |
| |
10 | In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act |
| |
| 35 |
(a) | for “Part III” substitute “Part 3 or 3A”; and |
| |
(b) | for “(racial hatred)” substitute “(hatred by reference to race etc)”. |
| |
Broadcasting Act 1990 (c. 42) |
| |
11 (1) | Section 167 of the Broadcasting Act 1990 (power to make copies of |
| |
recordings) is amended as follows. |
| 40 |
|
| |
|
| |
|
(2) | In subsection (4)(b), after “section 24” insert “or 29H”. |
| |
(3) | In subsection (5)(b), after “section 22” insert “or 29F”. |
| |
Criminal Justice Act 1991 (c. 53) |
| |
12 (1) | The Criminal Justice Act 1991 is amended as follows. |
| |
(2) | In section 44(6) (disapplication of certain provisions for prisoners serving |
| 5 |
extended sentences) for “section 46” substitute “section 46(2)”. |
| |
(3) | In section 46(3) (definition of persons liable to removal from the United |
| |
Kingdom) after “for the purposes of this section” insert “and the following |
| |
provisions of this Part”. |
| |
(4) | In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain |
| 10 |
| |
(a) | for “references in paragraph 3 to a day centre were references to” |
| |
substitute “in paragraph 3 “day centre” meant”, and |
| |
(b) | at the end insert “or an attendance centre provided under section 221 |
| |
| 15 |
(5) | Sub-paragraph (4) extends to England and Wales and Northern Ireland |
| |
| |
Crime and Disorder Act 1998 (c. 37) |
| |
13 (1) | Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth |
| |
justice services” for the purposes of sections 38 to 41) is amended as follows. |
| 20 |
(2) | After paragraph (a) insert— |
| |
“(aa) | the provision of assistance to persons determining whether |
| |
reprimands or warnings should be given under section 65 |
| |
| |
(3) | After paragraph (b) insert— |
| 25 |
“(ba) | the provision of assistance to persons determining whether |
| |
youth conditional cautions (within the meaning of Chapter 1 |
| |
of Part 4) should be given and which conditions to attach to |
| |
| |
(bb) | the supervision and rehabilitation of persons to whom such |
| 30 |
| |
(4) | After paragraph (k) insert— |
| |
“(l) | the provision of support for children and young persons who |
| |
are subject to a violent offender order or an interim violent |
| |
offender order (within the meaning of Part 9 of the Criminal |
| 35 |
Justice and Immigration Act 2008).” |
| |
Youth Justice and Criminal Evidence Act 1999 (c. 23) |
| |
14 | The Youth Justice and Criminal Evidence Act 1999 has effect subject to the |
| |
| |
15 (1) | Section 35 (child complainants and other child witnesses) is amended as |
| 40 |
| |
|
| |
|
| |
|
(2) | In subsection (3) (offences to which section applies), in paragraph (a)— |
| |
(a) | before sub-paragraph (v) insert— |
| |
“(iva) | any of sections 33 to 36 of the Sexual Offences |
| |
| |
(b) | in sub-paragraph (vi), at end insert “or any relevant superseded |
| 5 |
| |
(3) | After that subsection insert— |
| |
“(3A) | In subsection (3)(a)(vi) “relevant superseded enactment” means— |
| |
(a) | any of sections 1 to 32 of the Sexual Offences Act 1956; |
| |
(b) | the Indecency with Children Act 1960; |
| 10 |
(c) | the Sexual Offences Act 1967; |
| |
(d) | section 54 of the Criminal Law Act 1977.” |
| |
16 (1) | Section 62 (meaning of “sexual offence” and other references to offences) is |
| |
| |
(2) | In subsection (1) at end insert “or any relevant superseded offence”. |
| 15 |
(3) | After that subsection insert— |
| |
“(1A) | In subsection (1) “relevant superseded offence” means— |
| |
(a) | rape or burglary with intent to rape; |
| |
(b) | an offence under any of sections 2 to 12 and 14 to 17 of the |
| |
Sexual Offences Act 1956 (unlawful intercourse, indecent |
| 20 |
assault, forcible abduction etc.); |
| |
(c) | an offence under section 128 of the Mental Health Act 1959 |
| |
(unlawful intercourse with person receiving treatment for |
| |
mental disorder by member of hospital staff etc.); |
| |
(d) | an offence under section 1 of the Indecency with Children Act |
| 25 |
1960 (indecent conduct towards child under 14); |
| |
(e) | an offence under section 54 of the Criminal Law Act 1977 |
| |
(incitement of child under 16 to commit incest).” |
| |
17 | The amendments made by paragraphs 15 and 16 are deemed to have had |
| |
effect as from 1 May 2004. |
| 30 |
18 | Where an order under section 61 of the Youth Justice and Criminal Evidence |
| |
Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes |
| |
provision as regards the application of any provision of section 35 or 62 of |
| |
that Act which is amended or inserted by paragraph 15 or 16, the order may |
| |
have effect in relation to times before the making of the order. |
| 35 |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
19 | The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the |
| |
| |
20 | In section 19(4) (making of referral orders: effect on other sentencing |
| |
powers) after paragraph (b) insert— |
| 40 |
“(ba) | making an order under section 1(2A) of the Street Offences |
| |
Act 1959 in respect of the offender;”. |
| |
21 | In section 92 (detention under sections 90 and 91: place of detention etc.) |
| |
| |
|
| |
|