House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th January 2008
110

Criminal Justice and Immigration Bill, continued

warrant under section 4A of that Act (warrant transferring

responsibility for detention and release of offender).”’.

Secretary Jack Straw

Agreed to  143

Page  295,  line  40  [Schedule  33],  leave out paragraph 8.

Secretary Jack Straw

Agreed to  226

Page  296,  line  21  [Schedule  33],  at end insert—

‘Part 2A

Appeals

Appeals against conviction etc.

10A(1)
The amendments made by sections 26 and 28 apply in relation to an appeal

under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the proceedings on

appeal begin on or after the date on which those sections come into force.

      (2)
For the purposes of this paragraph, the proceedings on appeal begin—

(a)
if the appellant appeals with leave of the Court of Appeal, on the date

the application for leave is served on the Crown Court officer,

(b)
if the judge of the court of trial grants a certificate that the case is fit

for appeal—

(i)
on the date the application for the certificate is served on the

Crown Court officer or, in the case of an oral application, on

the date the application is made to the judge, or

(ii)
in a case where a certificate is granted without any application

being made, on the date the certificate is granted, or

(c)
if the Criminal Cases Review Commission refer the case to the Court

of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the

date the reference is made.

      (3)
In this paragraph, references to service on the Crown Court officer are to be

read in accordance with the Criminal Procedure Rules 2005 (S.I. 2005/384).

10B(1)
The amendments made by sections 27 and 29 apply in relation to an appeal

under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the

proceedings on appeal begin on or after the date on which those sections come

into force.

      (2)
For the purposes of this paragraph, the proceedings on appeal begin—

(a)
if the appellant appeals with leave of the Court of Appeal, on the date

the application for leave is served on the proper officer,

(b)
if leave to appeal is not required, on the date notice of appeal is served

on the proper officer,

(c)
if the judge of the court of trial grants a certificate that the case is fit

for appeal—

Report Stage Proceedings: 9th January 2008
111

Criminal Justice and Immigration Bill, continued

(i)
on the date the application for the certificate is made to the

court of trial or lodged with the proper officer, or

(ii)
in a case where a certificate is granted without any application

being made, on the date the certificate is granted, or

(d)
if the Criminal Cases Review Commission refer the case to the Court

of Appeal under Part 2 of the Criminal Appeal Act 1995 (c. 35), on the

date the reference is made.

      (3)
In this paragraph, “the proper officer” has the same meaning as in the Criminal

Appeal (Northern Ireland) Rules 1968 (S.R & O (N.I.) 1968/218).

Prosecution appeals

10C(1)
The amendment made by section 30 applies in relation to an appeal under Part

9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin

on or after the date on which that section comes into force.

      (2)
For the purposes of this paragraph, the proceedings on appeal begin—

(a)
if the prosecution appeals with leave of the Crown Court judge, on the

date the application for leave is served on the Crown Court officer or,

in the case of an oral application, on the date the application is made,

or

(b)
if the prosecution appeals with leave of the Court of Appeal, on the

date the application for leave is served on the Crown Court officer.

      (3)
In this paragraph, references to service on the Crown Court officer are to be

read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).

10D(1)
The amendment made by section 31 applies in relation to an appeal under Part

IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500

(N.I.9)) if the proceedings on appeal begin on after the date on which that

section comes into force.

      (2)
For the purposes of this paragraph, the proceedings on appeal begin—

(a)
if the prosecution appeals with leave of the Crown Court judge, on the

date the application for leave is made,

(b)
if the prosecution appeals with leave of the Court of Appeal, on the

date the application for leave is served on the proper officer, or

(c)
if leave to appeal is not required, on the date the prosecution informs

the Crown Court judge that it intends to appeal.

      (3)
In this paragraph, “the proper officer” has the same meaning as in the Criminal

Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/

159).’.

Secretary Jack Straw

Agreed to  152

Page  299,  line  32  [Schedule  33],  at end insert—

‘22A
The amendment made by section (Delivery of prisoner to place abroad for

purposes of transfer out of the United Kingdom) does not apply to warrants

under section 1 of the Repatriation of Prisoners Act 1984 issued before the

commencement of that section.’.

Report Stage Proceedings: 9th January 2008
112

Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

Agreed to  114

Page  300,  line  4  [Schedule  33],  leave out ‘140(6)(a)’ and insert ‘140(6A)(a) in its

application in relation to England and Wales’.

Secretary Jack Straw

Agreed to  77

Page  307,  [Schedule  34],  column 2, leave out lines 6 and 7.

Secretary Jack Straw

Agreed to  78

Page  307,  [Schedule  34],  column 2, leave out lines 27 and 28.

Secretary Jack Straw

Agreed to  79

Page  307,  line  29  [Schedule  34],  column 2, leave out ‘subsections (2) and (3)’ and

insert ‘subsections (3) and (3A)’.

Secretary Jack Straw

Agreed to  80

Page  307,  line  31  [Schedule  34],  column 2, leave out ‘paragraphs (b) and (c)’ and

insert ‘paragraph (b)’.

Secretary Jack Straw

Agreed to  81

Page  307,  line  47  [Schedule  34],  at end insert—

‘Armed Forces Act 2006 (c. 52)
In Schedule 16, paragraph 225.’.

Secretary Jack Straw

Agreed to  153

Page  310,  line  18  [Schedule  34],  at end insert—

‘Repatriation of Prisoners Act 1984
In section 1(4)(b) the words “under this Act”.

(c. 47)

Section 3(10).

In section 8(1) the word “and” after the definition of

“order”.’.

Secretary Jack Straw

Agreed to  154

Page  310,  line  18  [Schedule  34],  at end insert—

Report Stage Proceedings: 9th January 2008
113

Criminal Justice and Immigration Bill, continued

‘Police and Justice Act 2006 (c.48)
Section 44(4).’.

Secretary Jack Straw

Agreed to  155

Title,  line  8,  after ‘penalties;’ insert ‘to amend the Repatriation of Prisoners Act 1984;’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not selected  130

Title,  line  9,  after ‘criminality;’, insert ‘to amend the law relating to extradition;’.

Bill read the third time, and passed.