Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 5 — Miscellaneous
58

(db)
the Secretary of State for Business, Enterprise and Regulatory
Reform, acting personally;”, and
(b)
in paragraph (e) for “(d)” substitute “(db)”.
(4)
After subsection (6) of that section insert—
“(6A)
In exercising the power to designate a prosecutor under subsection
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(4)(e), the Financial Services Authority and the Secretary of State for
Business, Enterprise and Regulatory Reform may each designate
only—
(a)
one prosecutor (a “chief prosecutor”) to act at any one time, and
(b)
an alternative prosecutor (a “deputy prosecutor”) to act as a
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specified prosecutor—
(i)
when the chief prosecutor is unavailable, or
(ii)
during any period when no chief prosecutor is
designated.
(6B)
Paragraph 5(1) of Schedule 1 to the Financial Services and Markets Act
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2000 (arrangements for discharging functions of the Authority) does
not apply to the exercise of the powers conferred on the Financial
Services Authority under this Chapter.
(6C)
An immunity notice may be given by the Financial Services Authority,
the Secretary of State for Business, Enterprise and Regulatory Reform
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or a prosecutor designated by either of them under subsection (4)(e),
only with the consent of the Attorney General.”
(5)
In section 72 (assistance by offender: undertakings as to use of evidence), in
subsection (1) (restricted use undertaking) for “any offence” substitute “an
indictable offence or an offence triable either way”.
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(6)
In subsection (2)(a) of that section, at the beginning insert “any”.
(7)
After section 75A insert—
“75B
Guidance about use of powers under sections 71 to 74
(1)
The Attorney General may issue guidance to specified prosecutors
about the exercise by them of any of their powers under sections 71 to
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74.
(2)
The Attorney General may from time to time revise any guidance
issued under this section.
(3)
In this section “specified prosecutor” is to be construed in accordance
with section 71.”
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Bail
98
Bail: risk of committing an offence causing injury
(1)
Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or
convicted of imprisonable offences) is amended as follows.
(2)
After paragraph 6 insert—
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“6ZA
If the defendant is charged with murder, the defendant may not be
granted bail unless the court is of the opinion that there is no

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 5 — Miscellaneous
59

significant risk of the defendant committing, while on bail, an
offence that would, or would be likely to, cause physical or mental
injury to any person other than the defendant.”
(3)
In paragraph 9 (matters to which court is to have regard when taking decisions
about granting bail)—
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(a)
after “6A” insert “or of the opinion mentioned in paragraph 6ZA”, and
(b)
after paragraph (d) insert—
“(e)
if the court is satisfied that there are substantial
grounds for believing that the defendant, if released
on bail (whether subject to conditions or not), would
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commit an offence while on bail, the risk that the
defendant may do so by engaging in conduct that
would, or would be likely to, cause physical or mental
injury to any person other than the defendant,”.
99
Bail decisions in murder cases to be made by Crown Court judge
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(1)
A person charged with murder may not be granted bail except by order of a
judge of the Crown Court.
(2)
Subsections (3) and (4) apply where a person appears or is brought before a
magistrates’ court charged with murder.
(3)
A judge of the Crown Court must make a decision about bail in respect of the
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person as soon as reasonably practicable and, in any event, within the period
of 48 hours beginning with the day after the day on which the person appears
or is brought before the magistrates’ court.
(4)
The magistrates’ court must, if necessary for the purposes of subsection (3),
commit the person to custody to be brought before a judge of the Crown Court.
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(5)
For the purposes of subsections (3) and (4), it is immaterial whether the
magistrates’ court—
(a)
sends the person to the Crown Court for trial, or
(b)
adjourns proceedings under section 52(5) of the Crime and Disorder
Act 1998 (c. 37) and remands the person.
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(6)
In this section a reference to a person charged with murder includes a person
charged with murder and one or more other offences.
(7)
For the purposes of subsection (3), when calculating the period of 48 hours
Saturdays, Sundays, Christmas Day, Good Friday and bank holidays are to be
excluded.
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Unsigned indictments
100
Indictment of offenders
(1)
In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)—
(a)
in section 2 (procedure for indictment of offenders), in subsection (1)
omit—
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(i)
from “, and where” to “the bill,”, and
(ii)
from “Provided” to the end,
(b)
in subsection (3) of that section—

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
60

(i)
after “indictment”, in first place it occurs, insert “has been”, and
(ii)
omit “has been signed by the proper officer of the court”,
(c)
after subsection (6) of that section, insert—
“(6ZA)
Where a bill of indictment is preferred in accordance with
subsections (1) and (2), no objection to the indictment may be
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taken after the commencement of the trial by reason of any
failure to observe any rules under subsection (6).
(6ZB)
For the purposes of subsection (6ZA) the trial commences at the
time when a jury is sworn to consider the issue of guilt or
whether the accused did the act or made the omission charged,
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or, if the court accepts a plea of guilty before the time when a
jury is sworn, when that plea is accepted.
(6ZC)
The references in subsection (6ZB) to the time when a jury is
sworn include the time when that jury would be sworn but for
the making of an order under Part 7 of the Criminal Justice Act
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2003.”, and
(d)
in paragraph 1 of Schedule 2 (consequential adaptations of
enactments)—
(i)
for “respectively references” substitute “reference”, and
(ii)
omit “and signing”.
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(2)
In section 82 of the Supreme Court Act 1981 (c. 54) (duties of officers of Crown
Court), in subsection (1) omit “the signing of indictments,”.
Part 4
Sentencing
Chapter 1
25
Sentencing Council for England and Wales
Sentencing Council for England and Wales
101
Sentencing Council for England and Wales
(1)
There is to be a Sentencing Council for England and Wales.
(2)
Schedule 13 makes provision about the Council.
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102
Annual report
(1)
The Council must, as soon as practicable after the end of each financial year,
make to the Lord Chancellor a report on the exercise of the Council’s functions
during the year.
(2)
The Lord Chancellor must lay a copy of the report before Parliament.
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(3)
The Council must publish the report once a copy has been so laid.
(4)
Sections 111(3), 113 and 114 make further provision about the content of
reports under this section.

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
61

(5)
If section 101 comes into force after the beginning of a financial year, the first
report may relate to a period beginning with the day on which that section
comes into force and ending with the end of the next financial year.
Guidelines
103
Sentencing guidelines
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(1)
In this Chapter “sentencing guidelines” means guidelines relating to the
sentencing of offenders.
(2)
A sentencing guideline may be general in nature or limited to a particular
offence, particular category of offence or particular category of offender.
(3)
The Council must prepare—
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(a)
sentencing guidelines about the discharge of a court’s duty under
section 144 of the Criminal Justice Act 2003 (c. 44) (reduction in
sentences for guilty pleas), and
(b)
sentencing guidelines about the application of any rule of law as to the
totality of sentences.
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(4)
The Council may prepare sentencing guidelines about any other matter.
(5)
Where the Council has prepared guidelines under subsection (3) or (4), it must
publish them as draft guidelines.
(6)
The Council must consult the following persons about the draft guidelines—
(a)
the Lord Chancellor;
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(b)
such persons as the Lord Chancellor may direct;
(c)
the Justice Select Committee of the House of Commons (or, if there
ceases to be a committee of that name, such committee of the House of
Commons as the Lord Chancellor directs);
(d)
such other persons as the Council considers appropriate.
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(7)
In the case of guidelines within subsection (3), the Council must, after making
any amendments of the guidelines which it considers appropriate, issue them
as definitive guidelines.
(8)
In any other case, the Council may, after making such amendments, issue them
as definitive guidelines.
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(9)
The Council may, from time to time, review the sentencing guidelines issued
under this section, and may revise them.
(10)
Subsections (5), (6) and (8) apply to a revision of the guidelines as they apply
to their preparation (and subsection (8) applies even if the guidelines being
revised are within subsection (3)).
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(11)
When exercising functions under this section, the Council must have regard to
the following matters—
(a)
the sentences imposed by courts in England and Wales for offences;
(b)
the need to promote consistency in sentencing;
(c)
the need to promote public confidence in the criminal justice system;
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(d)
the cost of different sentences and their relative effectiveness in
preventing re-offending;
(e)
the results of the monitoring carried out under section 111.