New Schedule
6
‘The
Northern Ireland Commissioner for Prison
Complaints
Appointment and
removal from office
1 Her
Majesty may appoint a person to be the
Commissioner.
2 (1) A person
appointed as Commissioner shall hold office for such term, not
exceeding five years, as may be specified in the terms of
appointment.
(2) At the end of
that term the person concerned is eligible for re-appointment for a
further period not exceeding five
years.
(3) A person may not be
re-appointed for a third consecutive term unless, by reason of special
conditions, such re-appointment is desirable in the public
interest.
3 (1) The
Commissioner may be relieved of office by Her Majesty at the
Commissioner’s own request or removed from office by Her Majesty
in consequence of Addresses from both Houses of
Parliament.
(2) Her Majesty may
declare the office of Commissioner to have been vacated if satisfied
that the person appointed is incapable for medical reasons of
performing the functions of that
office.
Remuneration,
pensions and other
benefits
4 The Secretary of
State shall pay the Commissioner such remuneration and such travelling
and other allowances as the Secretary of State may
determine.
5 The Secretary of
State shall pay to or in respect of a person who holds or has held
office as Commissioner such pension, allowances or gratuities as the
Secretary of State may
determine.
Appointment of
acting Commissioner
6 (1)
Where the office of Commissioner becomes vacant, the Secretary of State
may appoint a person as acting
Commissioner.
(2) The power
under sub-paragraph (1) may not be exercised after the end of the
period of two years beginning with the day on which the vacancy
arose.
7 (1) Any person holding
office as acting Commissioner shall cease to hold that
office—
(a) on the
appointment of a new Commissioner;
or
(b) at the end of the period
of two years beginning with the day on which the vacancy
arose.
(2) Otherwise, a person
appointed as acting Commissioner holds office in accordance with the
terms of appointment.
8 A
person holding office as acting Commissioner is to be treated for all
purposes (apart from those of paragraphs 1 to 7) as the
Commissioner.
The
Commissioner’s
staff
9 The
Commissioner’s staff shall be provided by (or in pursuance of
arrangements made by) the Secretary of
State.
Delegation of
functions
10 (1) Any
function of the Commissioner may be performed on behalf of the
Commissioner by an authorised member of staff (but only to the extent
that the person concerned is authorised to do
so).
(2) In sub-paragraph (1)
“authorised member of staff” means a member of the
Commissioner’s staff who is authorised by the Commissioner to
exercise that
function.
Advisers
11
(1) The Commissioner may obtain advice to assist in the performance of
any of the Commissioner’s functions from any person who appears
to the Commissioner to be qualified to give it.
(2) The Commissioner may pay fees or allowances to
any person in relation to the provision of advice under this
paragraph.
Annual and other
reports
12 (1) The
Commissioner—
(a) shall
publish a general report on the performance of the
Commissioner’s functions during each year (an “annual
report”);
(b) may publish other reports with respect to those
functions.
(2) An annual report
must be published as soon as may be practicable after the end of the
year to which it relates.
(3)
The Commissioner shall send a copy of each report under this paragraph
to the Secretary of State.
(4)
The Secretary of State shall lay before
Parliament—
(a) a copy
of each annual report,
(b) a
copy of any other report under this paragraph which is sent with a
request for it to be so
laid,
and shall do so as soon
as practicable after receiving a copy of the report
concerned.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
7
‘the
Northern Ireland Commissioner for Prison Complaints: complaints’
remit
Part
1
The
specified matters
1 Any matter
relating to the way in which a person has been treated at any
applicable premises while being held
there.
2 Any matter relating to
the way in which a person has been treated by prison officers or
prisoner custody officers while in their custody, or under their
control or escort, anywhere in the
world.
3 Any matter relating to
the exercise, in relation to a person who has been charged with or
convicted of an offence, of any statutory function of the Secretary of
State relating to applicable premises or persons held
there.
Part
2
Supplementary
1
In this Schedule, “statutory function” means functions
conferred by or under any Act or by or under Northern Ireland
legislation (including, in the case of prison officers, functions
exercisable by virtue of section 8 of the Prison Act (Northern Ireland)
1953 (N.I. 18)).
2 The matters
covered by paragraph 2 include matters affecting a person who has been
charged with and convicted of an offence which relate to the exercise
of the statutory functions of a prison officer or a prison custody
officer.
3 In paragraph 3 the
references to the Secretary of State are references to the Secretary of
State having responsibility for prisons in Northern
Ireland.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
8
‘The
Northern Ireland Commissioner for Prison Complaints: deaths
remit
1 A death of a person at any
applicable premises while being held
there.
2 A death of a person
while in the custody, or under the control or escort, of prison
officers or prisoner custody officers anywhere in the
world.
3 A death of a person
which the Commissioner is satisfied should be investigated because it
is or may be linked to events which have
occurred—
(a) at any
applicable premises while that person was being held there;
or
(b) while that person was in the custody, or under
the control or escort, of prison officers or prisoner custody officers
anywhere in the world.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New Schedule
9
‘The
Northern Ireland Commissioner for Prison Complaints: controlling
authorities
The Secretary of
State.
Governors of prisons,
young offender centres and remand centres in Northern
Ireland.
An independent
monitoring board appointed under section 10 of the Prisons Act
(Northern Ireland) 1953 (N.I.
18).
Persons with whom the
Secretary of State has made arrangements under section 118 of the
Criminal Justice and Public Order Act 1994 (c.
33).’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
10
‘Appeals
in criminal
cases
Part
1
Amendments
to the Criminal Appeal Act 1968
1
The Criminal Appeal Act 1968 (c. 19) has effect subject to the
following amendments.
Time
limit on grant of certificates of fitness for
appeal
2 In section 1
(appeal against conviction), in subsection (2)(b) after
“if” insert “, within 28 days from the date of the
conviction,”.
3 In
section 11 (supplementary provisions as to appeal against sentence), in
subsection (1A)—
(a)
after “if” insert “, within 28 days from the date
on which the sentence was passed,”,
and
(b) for “the
sentence” substitute
“it”.
4 In
section 12 (appeal against verdict of not guilty on ground of
insanity), in subsection (1)(b) after “if” insert
“, within 28 days from the date of the
verdict,”.
5 In section
15 (appeal against finding of disability), in subsection (2)(b) after
“if” insert “, within 28 days from the date of the
finding that the accused did the act or made the omission
charged,”.
Powers of
Court to substitute different
sentence
6 (1) Section 4
(sentence when appeal allowed on part of indictment) is amended as
follows.
(2) For the heading
substitute “Power to re-sentence where appellant remains
convicted of related
offences”.
(3) For
subsection (1)
substitute—
“(1)
This section applies
where—
(a) two or more
related sentences are
passed,
(b) the Court of Appeal
allow an appeal against conviction in respect of one or more of the
offences for which the sentences were passed (“the related
offences”), but
(c) the
appellant remains convicted of one or more of those
offences.”
(4) In
subsection (2)—
(a) for
“in respect of any count on which the appellant remains
convicted” substitute “in respect of any related offence
of which the appellant remains convicted”,
and
(b) omit “for the
offence of which he remains convicted on that
count”.
(5) In
subsection (3)—
(a) for
“on the indictment as a whole” substitute “for all
the related offences (taken as a whole)”,
and
(b) for “for all offences of which he was
convicted on the indictment” substitute “for all the
related offences”.
(6)
After subsection (3)
insert—
“(4) For
the purposes of subsection (1)(a), two or more sentences are related
if—
(a) they are passed
on the same day,
(b) they are
passed on different days but the court in passing any one of them
states that it is treating that one together with the other or others
as substantially one sentence,
or
(c) they are passed on
different days but in respect of counts on the same
indictment.
(5)
Where—
(a) two or more
sentences are related to each other by virtue of subsection (4)(a) or
(b), and
(b) any one or more of
those sentences is related to one or more other sentences by virtue of
subsection (4)(c),
all the
sentences are to be treated as related for the purposes of subsection
(1)(a).”
Interim
hospital orders
7 The
following provisions (which relate to the effect of interim hospital
orders made by the Court of Appeal) are
omitted—
(a) section
6(5) and the definition of interim hospital order in section
6(7),
(b) section
11(6),
(c) section 14(5) and
the definition of interim hospital order in section 14(7),
and
(d) section
16B(3).
8 After section 30B (as
inserted by section 26(5))
insert—
“30C
Effect of interim hospital
orders
(1) This section applies
where the Court of
Appeal—
(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 below 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.”
9 In section
31 (powers of Court which are exercisable by single judge) after
subsection (2)
insert—
“(2ZA)
The power of the Court of Appeal to renew an interim hospital order
made by them by virtue of any provision of this Part may be exercised
by a single judge in the same manner as it may be exercised by the
Court.”
Evidence
10
(1) Section 23 (evidence) is amended as
follows.
(2) In subsection (1)
after “an appeal” insert “, 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 Court;
(b) the
appellant;
(c) the
respondent.”
(5) In
subsection (4) after “an appeal” insert “, or an
application for leave to
appeal,”.
(6) After
subsection (5)
insert—
“(6) In
this section, “respondent” includes a person who will be
a respondent if leave to appeal is
granted.”
Powers of single judge
11 (1) Section 31 (powers of Court of Appeal which
are exercisable by single judge) is amended as
follows.
(2) In the heading,
omit “under Part
1”.
(3) After subsection
(2C)
insert—
“(2D) The
power of the Court of Appeal to grant leave to appeal under section
9(11) of the Criminal Justice Act 1987 may be exercised by a single
judge in the same manner as it may be exercised by the
Court.
(2E) The power of the
Court of Appeal to grant leave to appeal under section 35(1) of the
Criminal Procedure and Investigations Act 1996 may be exercised by a
single judge in the same manner as it may be exercised by the
Court.”
Appeals
against procedural
directions
12 In section
31C (appeals against procedural directions), omit subsections (1) and
(2).
Detention of defendant
pending appeal to Supreme
Court
13 (1) Section 37
(detention of defendant on appeal by Crown) is amended as
follows.
(2) In subsection (2)
for the words from “may make” to the end substitute
“shall make—
(a)
an order providing for his detention, or directing that he shall not be
released except on bail (which may be granted by the Court as under
section 36 above), so long as the appeal is pending,
or
(b) an order that he be
released without
bail.”
(3) After
subsection (2)
insert—
“(2A) The
Court may make an order under subsection (2)(b) only if they think that
it is in the interests of justice that the defendant should not be
liable to be detained as a result of the decision of the Supreme Court
on the appeal.”
(4) In
subsection (3) for “this section” substitute
“subsection
(2)(a)”.
(5) In
subsection (4) for “this section” (in each place where it
occurs) substitute “subsection
(2)(a)”.
(6) In
subsection (4A) for “this section” (in the first place
where it occurs) substitute “subsection
(2)(a)”.
(7) For
subsection (5)
substitute—
“(5)
The defendant shall not be liable to be detained again as a result of
the decision of the Supreme Court on the appeal
if—
(a) the Court of
Appeal have made an order under subsection (2)(b),
or
(b) the Court have made an
order under subsection (2)(a) but the order has ceased to have effect
by virtue of subsection (3) or the defendant has been released or
discharged by virtue of subsection (4) or
(4A).”
Part
2
Amendments
to the Criminal Appeal (Northern Ireland) Act
1980
14 The Criminal Appeal
(Northern Ireland) Act 1980 (c. 47) has effect subject to the
following amendments.
Time
limit on grant of certificates of fitness for
appeal
15 In section 1
(appeal against conviction), in paragraph (b) after “if”
insert “, within 28 days from the date of the
conviction,”.
16 In
section 12 (appeal against finding of not guilty on ground of
insanity), in subsection (1)(b) after “if” insert
“, within 28 days from the date of the
finding,”.
17 In section
13A (appeal against finding of unfitness to be tried), in subsection
(2)(b) after “if” insert “, within 28 days from
the date of the finding that the person did the act or made the
omission
charged,”.
Powers of
Court to substitute different
sentence
18 (1) Section 4
(alteration of sentence on appeal against conviction) is amended as
follows.
(2) For subsection (1)
substitute—
“(1)
Subsection (1A) applies
where—
(a) two or more
related sentences are
passed,
(b) the Court of Appeal
allows an appeal against conviction in respect of one or more of the
offences for which the sentences were passed (“the related
offences”), but
(c) the
appellant remains convicted of one or more of those
offences.
(1A) The Court may,
in respect of any related offence of which the appellant remains
convicted, pass such sentence, in substitution for the sentence passed
thereon at the trial, as it thinks proper and is authorised by
law.”
(3) After
subsection (2)
insert—
“(3) For
the purposes of subsection (1)(a), two or more sentences are related
if—
(a) they are passed
on the same day,
(b) they are
passed on different days but the court in passing any one of them
states that it is treating that one together with the other or others
as substantially one sentence,
or
(c) they are passed on
different days but in respect of counts on the same
indictment.
(4)
Where—
(a) two or more
sentences are related to each other by virtue of subsection (3)(a) or
(b), and
(b) any one or more of
those sentences is related to one or more other sentences by virtue of
subsection (3)(c),
all the
sentences are to be treated as related for the purposes of subsection
(1)(a).”
Interim
hospital orders
19 Section
10(6) (effect of interim hospital orders made by Court of Appeal) is
omitted.
20 After section 29A
(as inserted by section (Meaning of unsafe: Northern Ireland)(6))
insert—
“29B
Effect of interim hospital
orders
(1) This section applies
where the Court of
Appeal—
(a) makes an
interim hospital order by virtue of any provision of this Part,
or
(b) renews an interim
hospital order so made.
(2) The
Crown Court shall be treated for the purposes of Article 45(6) of the
Mental Health Order (absconding offenders) as the court that made the
order.”
21 In section 45
(powers of Court which are exercisable by single judge) after
subsection (3)
insert—
“(3ZA)
The power of the Court of Appeal to renew an interim hospital order
made by it by virtue of any provision of this Act may be exercised by a
single judge in the same manner as it may be exercised by the
Court.”
Evidence
22
(1) Section 25 (evidence) is amended as
follows.
(2) In subsection (1)
after “an appeal” insert “, or an application for
leave to appeal,”.
(3)
In that subsection, for paragraph (b)
substitute—
“(b)
order any witness to attend and be examined before the Court (whether
or not he was called at the trial);
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 Court;
(b) the
appellant;
(c) the
respondent.”
(5) After
subsection (3) insert—
“(4) In this section,
“respondent” includes a person who will be a respondent
if leave to appeal is granted.”
23 In section 26 (additional powers of Court), in
subsection (1) after “an appeal” insert “, or an
application for leave to
appeal,”.
Detention
of defendant pending appeal to Supreme
Court
24 (1) Section 36
(detention of defendant on appeal by Crown) is amended as
follows.
(2) In subsection (1)
for the words from “may make” to the end substitute
“shall make—
(a)
an order providing for his detention, or directing that he shall not be
released except on bail (which may be granted by the Court as under
section 35 above), so long as the appeal is pending,
or
(b) an order that he be
released without
bail.”
(3) After
subsection (1)
insert—
“(1A) The
Court may make an order under subsection (1)(b) only if it thinks that
it is in the interests of justice that the defendant should not be
liable to be detained as a result of the decision of the Supreme Court
on the appeal.”
(4) In
subsection (2) for “subsection (1)” substitute
“subsection
(1)(a)”.
(5) In
subsection (3) for “this section” (in each place where it
occurs) substitute “subsection
(1)(a)”.
(6) In
subsection (3A) for “this section” (in the first place
where it occurs) substitute “subsection
(1)(a)”.
(7) For
subsection (4)
substitute—
“(4)
The defendant shall not be liable to be detained again as a result of
the decision of the Supreme Court on the appeal
if—
(a) the Court of
Appeal has made an order under subsection (1)(b),
or
(b) the Court has made an
order under subsection (1)(a) but the order has ceased to have effect
by virtue of subsection (2) or the defendant has been released or
discharged by virtue of subsection (3) or
(3A).”
Powers of
single judge
25 (1) Section
45 (powers of Court of Appeal which are exercisable by single judge) is
amended as follows.
(2) After
subsection (3C)
insert—
“(3D) The
power of the Court of Appeal to grant leave to appeal under Article
8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order
1988 may be exercised by a single judge in the same manner as it may be
exercised by the
Court.”
Part
3
Amendments
of other acts
Detention of
defendant pending appeal from High Court to Supreme
Court
26 (1) Section 5 of
the Administration of Justice Act 1960 (c. 65) (power to order
detention or admission to bail of defendant) is amended as
follows.
(2) In subsection (1)
for the words from “may make” to the end substitute
“shall make—
(a)
an order providing for the detention of the defendant, or directing
that he shall not be released except on bail (which may be granted by
the court as under section 4 above), so long as the appeal is pending,
or
(b) an order that the
defendant be released without
bail.”
(3) After
subsection (1)
insert—
“(1A) The
court may make an order under subsection (1)(b) only if it thinks that
it is in the interests of justice that the defendant should not be
liable to be detained as a result of the decision of the Supreme Court
on the appeal.”
(4) In
subsection (3) for “subsection (1)” substitute
“subsection (1)(a)”.
(5) In subsection (4) for “the said
subsection (1)” substitute “the said subsection
(1)(a)”.
(6) In
subsection (4A) for “the said subsection (1)” substitute
“the said subsection
(1)(a)”.
(7) For
subsection (5)
substitute—
“(5)
The defendant shall not be liable to be detained again as a result of
the decision of the Supreme Court on the appeal
if—
(a) the court has
made an order under subsection (1)(b),
or
(b) the court has made an
order under subsection (1)(a) but the order has ceased to have effect
by virtue of subsection (3) or the defendant has been released or
discharged by virtue of subsection (4) or
(4A).”
Variation of
sentences by Crown Court
27
(1) Section 49 of the Judicature (Northern Ireland) Act 1978
(c. 23) (sentences imposed and other decisions made by Crown
Court) is amended as
follows.
(2) In subsection
(2)—
(a) for “28
days” substitute “56 days”,
and
(b) omit the words from
“or, where subsection (3) applies,” to the
end.
(3) After subsection (2)
insert—
“(2A) The
power conferred by subsection (1) may not be exercised in relation to
any sentence or order if an appeal, or an application for leave to
appeal, against that sentence or order has been
determined.”
(4)
Subsection (3) is omitted.
28
(1) Section 155 of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6) (alteration of Crown Court sentence) is amended as
follows.
(2) In subsection
(1)—
(a) for “28
days” substitute “56 days”,
and
(b) omit the words from
“or, where subsection (2) below applies,” to the
end.
(3) After subsection (1)
insert—
“(1A) The
power conferred by subsection (1) may not be exercised in relation to
any sentence or order if an appeal, or an application for leave to
appeal, against that sentence or order has been
determined.”
(4)
Subsections (2) and (3) are omitted.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
| 
