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| |
| | |
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| “(7) | Subsection (6) does not apply to a statutory instrument |
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| containing (whether alone or with other provision) any |
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| regulations under this section coming into force at a time that is |
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| the earliest time at which any regulations under this section are |
|
| to come into force since the commencement of paragraph 15 of |
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| Schedule 32 to the Criminal Justice and Immigration Act 2008. |
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| (8) | A statutory instrument within subsection (7) may not be made |
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| unless a draft of it has been laid before and approved by a |
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| resolution of each House of Parliament.”” |
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290 | Page 302, line 35, at end insert— |
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| “(5A) | Subsection (5) does not apply to a statutory instrument |
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| containing (whether alone or with other provision) the first |
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| regulations made under this section after the commencement of |
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| paragraph 16 of Schedule 32 to the Criminal Justice and |
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| Immigration Act 2008: such an instrument may not be made |
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| unless a draft of it has been laid before and approved by a |
|
| resolution of each House of Parliament.” |
|
|
291 | Page 303, line 31, at end insert— |
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| “ | The Police Reform Act 2002 (c. 30) has effect subject to the following |
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| |
| | In section 23(2) (regulations) after paragraph (q) insert— |
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| “(r) | for enabling representations on behalf of a person to |
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| whose conduct an investigation relates to be made to the |
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| Commission by a person who is not that person’s legal |
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| representative but is of a description specified in the |
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| |
292 | Page 303, line 32, leave out “to the Police Reform Act 2002 (c. 30)” |
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293 | Page 304, line 1, at end insert— |
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| ““Special procedure where investigation relates to police officer or special |
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| |
| 19ZA | Paragraphs 19A to 19D apply to investigations of complaints |
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| 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— |
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| ““gross misconduct” means a breach of the Standards of |
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| Professional Behaviour that is so serious as to justify |
|
| |
| “misconduct” means a breach of the Standards of |
|
| |
295 | Page 313, line 36, at end insert— |
|
| ““the Standards of Professional Behaviour” means the |
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| standards so described in, and established by, regulations |
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| made by the Secretary of State.”” |
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|
|
| |
| | |
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|
296 | Page 316, line 2, at end insert— |
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| | “and section 48 of that Act (attempts etc. outside England and Wales) |
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| applies for the purposes of paragraph (b) as if the reference in subsection |
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| (3)(b) to any of the following provisions of that Act were a reference to |
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| |
|
297 | Page 316, line 9, leave out paragraphs 2 to 4 and insert— |
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| “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 |
|
| |
| (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 |
|
| |
| (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 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— |
|
| |
| 6A | Section 16(5) (effect of interim hospital order made by Appeal Court) is |
|
| |
| 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— |
|
|
|
| |
| | |
|
| “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 |
|
| |
| (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;”. |
|
| |
| 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— |
|
| |
| |
| |
| (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) |
|
| |
| 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)”. |
|
|
|
| |
| | |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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— |
|
| |
| 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 |
|
| |
| 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 |
|
| |
| (3) | For subsections (2) and (3) substitute— |
|
|