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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).

 
 

 
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