House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

34

“(7)
Subsection (6) does not apply to a statutory instrument

containing (whether alone or with other provision) any

regulations under this section coming into force at a time that is

the earliest time at which any regulations under this section are

to come into force since the commencement of paragraph 15 of

Schedule 32 to the Criminal Justice and Immigration Act 2008.

(8)
A statutory instrument within subsection (7) may not be made

unless a draft of it has been laid before and approved by a

resolution of each House of Parliament.””
290
Page 302, line 35, at end insert—

“(5A)
Subsection (5) does not apply to a statutory instrument

containing (whether alone or with other provision) the first

regulations made under this section after the commencement of

paragraph 16 of Schedule 32 to the Criminal Justice and

Immigration Act 2008: such an instrument may not be made

unless a draft of it has been laid before and approved by a

resolution of each House of Parliament.”
Schedule 33
291
Page 303, line 31, at end insert—

“
The Police Reform Act 2002 (c. 30) has effect subject to the following

amendments.


In section 23(2) (regulations) after paragraph (q) insert—

“(r)
for enabling representations on behalf of a person to

whose conduct an investigation relates to be made to the

Commission by a person who is not that person’s legal

representative but is of a description specified in the

regulations.””
292
Page 303, line 32, leave out “to the Police Reform Act 2002 (c. 30)”
293
Page 304, line 1, at end insert—

““Special procedure where investigation relates to police officer or special

constable

19ZA
Paragraphs 19A to 19D apply to investigations of complaints

or recordable conduct matters in cases where the person

concerned (see paragraph 19A(11)) is a member of a police

force or a special constable.”
294
Page 313, leave out lines 29 and 30 and insert—

““gross misconduct” means a breach of the Standards of

Professional Behaviour that is so serious as to justify

dismissal;

“misconduct” means a breach of the Standards of

Professional Behaviour;”
295
Page 313, line 36, at end insert—

““the Standards of Professional Behaviour” means the

standards so described in, and established by, regulations

made by the Secretary of State.””

35

Schedule 34
296
Page 316, line 2, at end insert—


“and section 48 of that Act (attempts etc. outside England and Wales)

applies for the purposes of paragraph (b) as if the reference in subsection

(3)(b) to any of the following provisions of that Act were a reference to

that paragraph”
Schedule 35
297
Page 316, line 9, leave out paragraphs 2 to 4 and insert—

“Power to dismiss certain appeals following references by the CCRC

2
After section 25B insert—

“Appeals following references by the CCRC

25C
Power to dismiss certain appeals following references by the

CCRC

(1)
This section applies where there is an appeal under this Part

following a reference by the Criminal Cases Review Commission

under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act

1995.

(2)
Notwithstanding anything in section 12, 21 or 25 of this Act, the

Appeal Court may dismiss the appeal if—

(a)
the only ground for allowing it would be that there has

been a development in the law since the date of the

conviction or finding that is the subject of the appeal, and

(b)
the condition in subsection (3) is met.

(3)
The condition in this subsection is that if—

(a)
the reference had not been made, but

(b)
the appellant had made (and had been entitled to make)

an application for an extension of time within which to

seek leave to appeal on the ground of the development in

the law,


the Court would not think it appropriate to grant the application

by exercising the power conferred by section 9(3).””
298
Page 317, line 17, leave out paragraphs 5 and 6
299
Page 317, line 26, at end insert—

“Interim hospital orders

6A
Section 16(5) (effect of interim hospital order made by Appeal Court) is

omitted.

6B
Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of

interim hospital order made by Appeal Court) is omitted.

6C
Before section 36 (but after the cross-heading preceding it) insert—

36

“35A
Effect of interim hospital orders

(1)
This section applies where the Appeal Court—

(a)
make an interim hospital order by virtue of any provision

of this Part, or

(b)
renew an interim hospital order so made.

(2)
The Court Martial shall be treated for the purposes of section

38(7) of the Mental Health Act 1983 (absconding offenders) as the

court that made the order.”

6D
In section 36 (powers of Court under Part 2 which are exercisable by

single judge), in subsection (1) after paragraph (h) insert—

“(ha)
to renew an interim hospital order made by them by virtue of any

provision of this Part;”.

Evidence

6E  (1)
Section 28 (evidence) is amended as follows.

      (2)
In subsection (1), at the beginning insert “For the purposes of an appeal

or an application for leave to appeal,”.

      (3)
In that subsection, for paragraph (b) substitute—

“(b)
order any witness to attend for examination and be

examined before the Court (whether or not he was called

in the proceedings from which the appeal lies); and”.

      (4)
After subsection (1) insert—

“(1A)
The power conferred by subsection (1)(a) may be exercised so as

to require the production of any document, exhibit or other thing

mentioned in that subsection to—

(a)
the Appeal Court;

(b)
the appellant;

(c)
the respondent.”

      (6)
In subsection (4), at the beginning insert “For the purposes of an appeal

or an application for leave to appeal,”.

      (7)
After subsection (4) insert—

“(5)
In this section, “respondent” includes a person who will be a

respondent if leave to appeal is granted.”

Appeals against procedural directions

6F
In section 36C (appeals against procedural directions), subsections (1)

and (2) are omitted.

Detention of accused pending appeal to Supreme Court

6G  (1)
Section 43 (as amended by the Armed Forces Act 2006) (detention of

accused on appeal by Crown) is amended as follows.

      (2)
In subsection (1) for “may make an order under this section” substitute

“shall make one of the orders specified in subsection (1A)”.

37

      (3)
In subsection (1A)—

(a)
for “An order under this section is” substitute “The orders

specified in this subsection are”,

(b)
the word “or” at the end of paragraph (a) is omitted, and

(c)
after paragraph (b) insert—

“(c)
an order that the accused be released without

bail.”

      (4)
After subsection (1B) insert—

“(1C)
The Appeal Court may make an order within subsection (1A)(c)

only if they think that it is in the interests of justice that the

accused should not be liable to be detained as a result of the

decision of the Supreme Court on the appeal.”

      (5)
In subsection (2) for “under this section” substitute “within subsection

(1A)(a) or (b)”.

      (6)
For subsection (5) substitute—

“(5)
The accused shall not be liable to be detained again as a result of

the decision of the Supreme Court on the appeal if—

(a)
the Appeal Court have made an order within subsection

(1A)(c), or

(b)
the Appeal Court have made an order within subsection

(1A)(a) or (b) but the order has ceased to have effect by

virtue of subsection (2) or the accused has been released

or discharged by virtue of subsection (3).””
300
Page 317, line 30, at end insert—

“Consecutive custodial sentences

7A
In section 188(4) (consecutive custodial sentences), after “Part 12 of the

2003 Act” insert “or under Part 2 of the Criminal Justice Act 1991”.”
301
Page 317, line 32, leave out paragraph 8
302
Page 317, line 43, at end insert—

“Dangerous offenders

8A
In section 209 (offenders under 18 convicted of certain serious offences),

in subsection (7) for “sections 221, 222 and 227” substitute “section 226(2)

of the 2003 Act (as applied by section 221(2) of this Act) and section 227

of this Act”.

8B  (1)
Section 219 (dangerous offenders aged 18 or over) is amended as follows.

      (2)
In subsection (1) for the words from “a person” to the end substitute “—

(a)
a person aged 18 or over is convicted by the Court Martial

of an offence under section 42 (criminal conduct),

(b)
the corresponding offence under the law of England and

Wales is a serious offence, and

(c)
the court is of the required opinion (defined by section

223).”

      (3)
For subsections (2) and (3) substitute—