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Criminal Justice and Immigration Bill, continued

attempt to commit such an offence, if the offender was liable on

conviction on indictment to imprisonment for life.

19	An offence under section 34 of that Act (inducement, threat or

deception to procure sexual activity with a person with a mental

disorder), or an attempt to commit such an offence, if the offender

was liable on conviction on indictment to imprisonment for life.

20	An offence under section 35 of that Act (causing a person with a

mental disorder to engage in or agree to engage in sexual activity by

inducement etc.), or an attempt to commit such an offence, if the

offender was liable on conviction on indictment to imprisonment

for life.

21	An offence under section 47 of that Act (paying for sexual services

of a child), or an attempt to commit such an offence, if the offender

was liable on conviction on indictment to imprisonment for life.

22	An offence under section 62 of that Act (committing an offence

with intent to commit a sexual offence), or an attempt to commit

such an offence if the offender, was liable on conviction on

indictment to imprisonment for life.

Part 2

Offences under the law of Scotland

23	Culpable homicide.

24	An attempt to commit murder, a conspiracy to murder or an

incitement to murder.

25	Rape or an attempt to commit rape.

26	Assault where the assault—

(a)	is aggravated because it caused severe injury or endangered

the victim’s life, or

(b)	was carried out with intent to rape or ravish the victim.

27	Sodomy, or an attempt to commit sodomy, where the person against

whom the offence was committed did not consent.

28	Lewd, indecent or libidinous behaviour or practices.

29	Robbery, where, at some time during the commission of the

offence, the offender had in his possession a firearm or an imitation

firearm within the meaning of the Firearms Act 1968 (c. 27).

30	An offence under section 16 of the Firearms Act 1968 (c. 27)

(possession of firearm with intent to endanger life).

31	An offence under section 17(1) of that Act (use of a firearm to resist

arrest).

32	An offence under section 18 of that Act (carrying a firearm with

criminal intent).

33	An offence under section 5(1) of the Criminal Law (Consolidation)

(Scotland) Act 1995 (c. 39) (unlawful intercourse with a girl under

13).

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239

Criminal Justice and Immigration Bill, continued

Part 3

Offences under the law of Northern Ireland

34	An attempt to commit murder, a conspiracy to murder or an

incitement to murder.

35	Manslaughter.

36	Rape or an attempt to commit rape.

37	An offence under section 4 of the Offences against the Person Act

1861 (c. 100) (soliciting murder).

38	An offence under section 18 of that Act (wounding with intent to

cause grievous bodily harm).

39	An offence under section 4 of the Criminal Law Amendment Act

1885 (c. 69) (intercourse with a girl under 14).

40	An offence of robbery under section 8 of the Theft Act (Northern

Ireland) 1969 (c. 16) where, at some time during the commission of

the offence, the offender had in his possession a firearm or an

imitation firearm within the meaning of the Firearms (Northern

Ireland) Order 1981.

41	An offence under Article 17 of the Firearms (Northern Ireland)

Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with

intent to endanger life).

42	An offence under Article 18(1) of that Order (use of a firearm to

resist arrest).

43	An offence under Article 19 of that Order (carrying a firearm with

criminal intent).

44	An offence under Article 58 of the Firearms (Northern Ireland)

Order 2004 (S.I. 2004/702 (N.I.3)) (possession of firearm with

intent to endanger life).

45	An offence under Article 59 of that Order (use of a firearm to resist

arrest).

46	An offence under Article 60 of that Order (carrying a firearm with

criminal intent).

47	An offence under section 47 of the Sexual Offences Act 2003

(paying for sexual services of a child) or an attempt to commit such

an offence if the offender was liable on conviction on indictment to

imprisonment for life.” ’.

Secretary Jack Straw

ns6

To move the following Schedule:—

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Criminal Justice and Immigration Bill, continued

‘Credit for period of remand on bail: transitional provisions

1	A period specified under paragraph 2 is to be treated as being a relevant period

within the meaning of section 67 of the Criminal Justice Act 1967 (c. 80).

2    (1)

This paragraph applies where—

(a)	a court sentences an offender to a term of imprisonment for an offence

that was committed before 4th April 2005,

(b)	the offender was remanded on bail by a court in the course of or in

connection with proceedings for the offence, or any related offence,

after the coming into force of paragraph 1, and

(c)	the offender’s bail was subject to a qualifying curfew condition and an

electronic monitoring condition (“the relevant conditions”).

(2)	Subject to sub-paragraph (4), the court must by order specify the credit period.

(3)	The “credit period” is the number days represented by half of the sum of—

(a)	the day on which the offender’s bail was first subject to conditions

that, had they applied throughout the day in question, would have been

relevant conditions, and

(b)	the number of other days on which the offender’s bail was subject to

those conditions (excluding the last day on which it was so subject),

rounded up to the nearest whole number.

(4)	Sub-paragraph (2) does not apply if and to the extent that—

(a)	rules made by the Secretary of State so provide, or

(b)	it is in the opinion of the court just in all the circumstances not to give

a direction under that subsection.

(5)	Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does

not specify the credit period under sub-paragraph (2), it may in accordance

with either of those paragraphs by order specify a lesser period.

(6)	Rules under sub-paragraph (4)(a) may, in particular, make provision in relation

to—

(a)	sentences of imprisonment for consecutive terms;

(b)	sentences of imprisonment for terms which are wholly or partly

concurrent;

(c)	periods during which a person granted bail subject to the relevant

conditions is also subject to electronic monitoring required by an order

made by a court or the Secretary of State.

(7)	In considering whether it is of the opinion mentioned in sub-paragraph (4)(b)

the court must, in particular, take into account whether or not the offender has,

at any time whilst on bail subject to the relevant conditions, broken either or

both of them.

(8)	Where the court specifies a period under sub-paragraph (2) or (5) it shall state

in open court—

(a)	the number of days on which the offender was subject to the relevant

conditions, and

(b)	the number of days in the period specified.

(9)	Sub-paragraph (10) applies where the court—

(a)	does not specify the credit period under sub-paragraph (2) but does

specify a lesser period under sub-paragraph (5), or

(b)	does not specify a period under either sub-paragraph (2) or (5).

(10)	The court shall state in open court—

(a)	that its decision is in accordance with rules made under paragraph (a)

of sub-paragraph (4), or

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Criminal Justice and Immigration Bill, continued

(b)	that it is of the opinion mentioned in paragraph (b) of that sub-

paragraph and what the circumstances are.

(11)	In this paragraph—

“electronic monitoring condition” means any electronic monitoring

requirements imposed under section 3(6ZAA) of the Bail Act 1976

(c. 63) for the purpose of securing the electronic monitoring of a person’s

compliance with a qualifying curfew condition;

“qualifying curfew condition” means a condition of bail which requires the

person granted bail to remain at one or more specified places for a total

of not less than 9 hours in any given day; and

“related offence” means an offence, other than the offence for which the

sentence is imposed (“offence A”), with which the offender was charged

and the charge for which was founded on the same facts or evidence as

offence A.’.

Secretary Jack Straw

ns7

To move the following Schedule:—

‘Bail for summary offences and certain other offences to be tried summarily

1	The Bail Act 1976 (c. 63) is amended as follows.

2	In section 3(6D)(a) (condition to be imposed on person in relation to whom

paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after

“apply” insert “(including where P is a person to whom the provisions of Part

1A of Schedule 1 apply)”.

3	After section 9 (offence of agreeing to indemnify sureties in criminal

proceedings) insert—

“9A	Bail decisions relating to persons aged under 18 who are accused of

offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980

(1)	This section applies whenever—

(a)	a magistrates’ court is considering whether to withhold or

grant bail in relation to a person aged under 18 who is accused

of a scheduled offence; and

(b)	the trial of that offence has not begun.

(2)	The court shall, before deciding whether to withhold or grant bail,

consider whether, having regard to any representations made by the

prosecutor or the accused person, the value involved does not exceed

the relevant sum for the purposes of section 22.

(3)	The duty in subsection (2) does not apply in relation to an offence if—

(a)	a determination under subsection (4) has already been made in

relation to that offence; or

(b)	the accused person is, in relation to any other offence of which

he is accused which is not a scheduled offence, a person to

whom Part 1 of Schedule 1 to this Act applies.

(4)	If where the duty in subsection (2) applies it appears to the court clear

that, for the offence in question, the amount involved does not exceed

the relevant sum, the court shall make a determination to that effect.

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Criminal Justice and Immigration Bill, continued

(5)	In this section—

(a)	“relevant sum” has the same meaning as in section 22(1) of

the Magistrates’ Courts Act 1980 (certain either way offences

to be tried summarily if value involved is less than the relevant

sum);

(b)	“scheduled offence” means an offence mentioned in Schedule

2 to that Act (offences for which the value involved is relevant

to the mode of trial); and

(c)	“the value involved” is to be construed in accordance with

section 22(10) to (12) of that Act.”

4	Schedule 1 (persons entitled to bail: supplementary provisions) is amended as

follows.

5    (1)

Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1)

of that paragraph.

(2)	In that sub-paragraph at the beginning insert “Subject to sub-paragraph (2),”.

(3)	After that sub-paragraph insert—

“(2)	But those provisions do not apply by virtue of sub-paragraph (1)(a)

if the offence, or each of the offences punishable with

imprisonment, is—

(a)	a summary offence; or

(b)	an offence mentioned in Schedule 2 to the Magistrates’

Courts Act 1980 (offences for which the value involved is

relevant to the mode of trial) in relation to which—

(i)	a determination has been made under section 22(2)

of that Act (certain either way offences to be tried

summarily if value involved is less than the

relevant sum) that it is clear that the value does not

exceed the relevant sum for the purposes of that

section; or

(ii)	a determination has been made under section

9A(4) of this Act to the same effect.”

6	After Part 1 insert—

“Part 1A

Defendants Accused or Convicted of Imprisonable Offences to

which Part 1 does not apply

Defendants to whom Part 1A applies

1	The following provisions of this Part apply to the defendant if—

(a)	the offence or one of the offences of which he is accused or

convicted is punishable with imprisonment, but

(b)	Part 1 does not apply to him by virtue of paragraph 1(2) of

that Part.

Exceptions to right to bail

2	The defendant need not be granted bail if—

(a)	it appears to the court that, having been previously granted

bail in criminal proceedings, he has failed to surrender to

custody in accordance with his obligations under the grant

of bail; and

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Criminal Justice and Immigration Bill, continued

(b)	the court believes, in view of that failure, that the

defendant, if released on bail (whether subject to conditions

or not) would fail to surrender to custody.

3	The defendant need not be granted bail if—

(a)	it appears to the court that the defendant was on bail in

criminal proceedings on the date of the offence; and

(b)	the court is satisfied that there are substantial grounds for

believing that the defendant, if released on bail (whether

subject to conditions or not) would commit an offence

while on bail.

4	The defendant need not be granted bail if the court is satisfied that

there are substantial grounds for believing that the defendant, if

released on bail (whether subject to conditions or not), would

commit an offence while on bail by engaging in conduct that would,

or would be likely to, cause—

(a)	physical or mental injury to any person other than the

defendant; or

(b)	any person other than the defendant to fear physical or

mental injury.

5	The defendant need not be granted bail if the court is satisfied that

the defendant should be kept in custody for his own protection or,

if he is a child or young person, for his own welfare.

6	The defendant need not be granted bail if he is in custody in

pursuance of a sentence of a court or a sentence imposed by an

officer under the Armed Forces Act 2006.

7	The defendant need not be granted bail if —

(a)	having been released on bail in or in connection with the

proceedings for the offence, he has been arrested in

pursuance of section 7 of this Act; and

(b)	the court is satisfied that there are substantial grounds for

believing that the defendant, if released on bail (whether

subject to conditions or not) would fail to surrender to

custody, commit an offence while on bail or interfere with

witnesses or otherwise obstruct the course of justice

(whether in relation to himself or any other person).

8	The defendant need not be granted bail where the court is satisfied

that it has not been practicable to obtain sufficient information for

the purpose of taking the decisions required by this Part of this

Schedule for want of time since the institution of the proceedings

against him.

Application of paragraphs 6A to 6C of Part 1

9	Paragraphs 6A to 6C of Part 1 (exception applicable to drug users

in certain areas and related provisions) apply to a defendant to

whom this Part applies as they apply to a defendant to whom that

Part applies.”’.

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Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

156

Page  117,  line  5  [Clause  170],  after ‘Orders’ insert ‘, rules’.

Secretary Jack Straw

157

Page  117,  line  30  [Clause  170],  leave out ‘or’.

Secretary Jack Straw

158

Page  117,  line  31  [Clause  170],  at end insert ‘, or

(p)	rules under paragraph 2(4)(a) of Schedule (Credit for period of remand

on bail: transitional provisions),’.

Secretary Jack Straw

219

Page  182,  line  21  [Schedule  4],  leave out sub-paragraph (3) and insert—

‘(3)	In subsections (A1), (1)(a) and (1A)(a), for “16” substitute “18”.

(4)	After subsection (2) insert—

“(2A)

Subsection (2B) applies where—

(a)	a person aged 16 or 17 is convicted of an offence (“the current

offence”);

(b)	on three or more previous occasions the offender has, on

conviction by a court in the United Kingdom of any offence

committed by him after attaining the age of 16, had passed on

him a sentence consisting only of a fine; and

(c)	despite the effect of section 143(2), the court would not (apart

from this section) regard the current offence, or the

combination of the current offence and one or more offences

associated with it, as being serious enough to warrant a youth

rehabilitation order.

(2B)	The court may make a youth rehabilitation order in respect of the

current offence instead of imposing a fine if it considers that, having

regard to all the circumstances including the matters mentioned in

subsection (3), it would be in the interests of justice to make such an

order.”

(5)	In subsection (3)—

(a)	after “(2)” insert “and (2B)”; and

(b)	in paragraph (a) for “or (1A)(b)” substitute “(1A)(b) or (2A)(b)”.

(6)	In subsections (4), (5) and (6), for “and (1A)(b)” substitute “(1A)(b) and

(2A)(b)”.

(7)	In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after

“151(2)” insert “or (2B)”.’.

---

Revised 9 January 2008