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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—


 
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