House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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“(c)
subsection (2A), (2B) or (2C) below is satisfied in relation to

the offender.

(2A)
This subsection is satisfied in relation to the offender if the offender

has never been convicted by or before a court in the United

Kingdom (“a UK court”) of any offence other than the offence and

any connected offence.

(2B)
This subsection is satisfied in relation to the offender if the offender

has been dealt with by a UK court for any offence other than the

offence and any connected offence on only one previous occasion,

but was not referred to a youth offender panel under section 16

above on that occasion.

(2C)
This subsection is satisfied in relation to the offender if—

(a)
the offender has been dealt with by a UK court for any

offence other than the offence and any connected offence on

one or more previous occasions, but has been referred to a

youth offender panel under section 16 above on only one

previous occasion;

(b)
an appropriate officer recommends to the court as suitable

for the offender a referral to a youth offender panel under

that section in respect of the offence; and

(c)
the court considers that there are exceptional circumstances

which justify ordering the offender to be so referred.

(2D)
In subsection (2C)(b) above “appropriate officer” means—

(a)
a member of a youth offending team;

(b)
an officer of a local probation board; or

(c)
an officer of a provider of probation services.””
Clause 42
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Clause 43
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Clause 44
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Leave out Clause 44 and insert the following new Clause—

“
Power to dismiss certain appeals following references by the CCRC: England

and Wales

After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—

“Appeals following references by the CCRC

16C
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

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under section 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or

section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)
Notwithstanding anything in section 2, 13 or 16 of this Act, the

Court of Appeal 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,

verdict 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 18(3).””
Clause 45
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Leave out Clause 45 and insert the following new Clause—

“
Power to dismiss certain appeals following references by the CCRC: Northern

Ireland

After section 13A of the Criminal Appeal (Northern Ireland) Act 1980

(c. 47) insert—

“Appeals following references by the CCRC

13B
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 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or

section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

(2)
Notwithstanding anything in section 2, 12 or 13A of this Act, the

Court of Appeal 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,

verdict 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 16(2).””

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Clause 50
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Clause 51
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Clause 52
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Clause 53
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Clause 54
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Clause 55
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Clause 56
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Clause 57
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Clause 58
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Clause 59
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Clause 60
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Clause 61
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Clause 62
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Clause 63
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Clause 64
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Clause 65
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Clause 66
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Clause 67
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Clause 68
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Clause 69
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Clause 70
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Clause 71
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Clause 72
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Clause 73
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Clause 74
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Clause 75
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Clause 76
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Clause 77
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