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 31 — Amendments to armed forces legislation
Part 2 — Armed Forces Act 2006
283

      (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
the compensation.”
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
out of time, and
(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
the conviction, and
30
(b)
the conduct of the investigation and prosecution of the
offence.
(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
concerned; and
(b)
any other convictions of the person and any punishment
40
resulting from them.
(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
amount only.

Criminal Justice and Immigration Bill
Schedule 31 — Amendments to armed forces legislation
Part 3 — Transitional provisions
284

(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.

That limit is £500,000.
(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
“276A(7),”.
15
Part 3
Transitional provisions
Transitional provisions: compensation for miscarriage of justice
13    (1)
Paragraph 10(3) has effect in relation to any application for compensation
made in relation to—
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
commencement date, and
(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
      (5)
In the case of—
(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
date.
      (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

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 1 — Fine defaulters
285

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.
      (7)
In this paragraph—
“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
11 come into force;
“reversed” has the same meaning as in section 276(1) of the 2006 Act (as
10
amended by paragraph 10(5)).
Schedule 32
Section 171

Minor and consequential amendments
Part 1
Fine defaulters
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)
insert—
“(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)—
(a)
in subsection (1)—
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
offender)”.
      (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

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
286

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
second column.

TABLE

Amount
Number of

hours

An amount not exceeding
18 hours

10

£200

An amount exceeding £200
21 hours

but not exceeding £500

An amount exceeding £500
24 hours

but not exceeding £1,000

15

An amount exceeding £1,000
30 hours

but not exceeding £2,500

An amount exceeding £2,500
36 hours”.”

      (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”.
Part 2
Other amendments
Prison Act 1952 (c. 52)
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 Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
287

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
section 19”.
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
caution)—
(a)
after paragraph (a) (and before the word “and” immediately
following it) insert—
“(aa)
a youth conditional caution within the meaning of
15
Chapter 1 of Part 4 of the Crime and Disorder Act
1998”; and
(b)
in paragraph (b), for “of the Crime and Disorder Act 1998” substitute
“of that Act”.
      (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
1998”.
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
2(2)” insert “, (2A)”.
Football Spectators Act 1989 (c. 37)
10
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act
1989 (offences)—
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

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
288

      (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
orders)—
(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
of that Act”.
15
      (5)
Sub-paragraph (4) extends to England and Wales and Northern Ireland
only.
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
below;”.
      (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
such cautions;
(bb)
the supervision and rehabilitation of persons to whom such
30
cautions are given;”.
      (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
following amendments.
15    (1)
Section 35 (child complainants and other child witnesses) is amended as
40
follows.

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
289

      (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
Act 1956,”; and
(b)
in sub-paragraph (vi), at end insert “or any relevant superseded
5
enactment”.
      (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
amended as follows.
      (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
following amendments.
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.)
omit subsection (3).