|
| |
|
42 | An offence of robbery under section 8 of the Theft Act (Northern |
| |
Ireland) 1969 (c. 16) where, at some time during the commission of |
| |
the offence, the offender had in his possession a firearm or an |
| |
imitation firearm within the meaning of the Firearms (Northern |
| |
| 5 |
43 | An offence under Article 17 of the Firearms (Northern Ireland) |
| |
Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with |
| |
intent to endanger life). |
| |
44 | An offence under Article 18(1) of that Order (use of a firearm to |
| |
| 10 |
45 | An offence under Article 19 of that Order (carrying a firearm with |
| |
| |
46 | An offence under Article 58 of the Firearms (Northern Ireland) |
| |
Order 2004 (S.I. 2004/702 (N.I.3)) (possession of firearm with |
| |
intent to endanger life). |
| 15 |
47 | An offence under Article 59 of that Order (use of a firearm to resist |
| |
| |
48 | An offence under Article 60 of that Order (carrying a firearm with |
| |
| |
49 | An offence under section 47 of the Sexual Offences Act 2003 |
| 20 |
(paying for sexual services of a child) if the offender was liable on |
| |
conviction on indictment to imprisonment for life. |
| |
50 (1) | An attempt to commit an offence specified in the preceding |
| |
paragraphs of this Part of this Schedule (“a listed offence”). |
| |
(2) | Conspiracy to commit a listed offence. |
| 25 |
(3) | Incitement to commit a listed offence. |
| |
(4) | An offence under Part 2 of the Serious Crime Act 2007 in relation |
| |
to which a listed offence is the offence (or one of the offences) |
| |
which the person intended or believed would be committed. |
| |
(5) | Aiding, abetting, counselling or procuring the commission of a |
| 30 |
| |
| |
Offences under service law |
| |
51 | An offence under section 70 of the Army Act 1955, section 70 of the |
| |
Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 |
| 35 |
as respects which the corresponding civil offence (within the |
| |
meaning of the Act in question) is an offence specified in Part 1 of |
| |
| |
52 (1) | An offence under section 42 of the Armed Forces Act 2006 as |
| |
respects which the corresponding offence under the law of |
| 40 |
England and Wales (within the meaning given by that section) is |
| |
an offence specified in Part 1 of this Schedule. |
| |
|
| |
|
| |
|
(2) | Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) |
| |
applies for the purposes of this paragraph as if the reference in |
| |
subsection (3)(b) of that section to any of the following provisions |
| |
of that Act were a reference to this paragraph.” |
| |
| 5 |
| |
Credit for period of remand on bail: transitional provisions |
| |
1 | A period specified under paragraph 2 is to be treated as being a relevant |
| |
period within the meaning of section 67 of the Criminal Justice Act 1967 |
| |
| |
2 (1) | This paragraph applies where— |
| 10 |
(a) | a court sentences an offender to a term of imprisonment for an |
| |
offence that was committed before 4th April 2005, |
| |
(b) | the offender was remanded on bail by a court in the course of or in |
| |
connection with proceedings for the offence, or any related offence, |
| |
after the coming into force of paragraph 1, and |
| 15 |
(c) | the offender’s bail was subject to a qualifying curfew condition and |
| |
an electronic monitoring condition (“the relevant conditions”). |
| |
(2) | Subject to sub-paragraph (4), the court must by order specify the credit |
| |
| |
(3) | The “credit period” is the number days represented by half of the sum of— |
| 20 |
(a) | the day on which the offender’s bail was first subject to conditions |
| |
that, had they applied throughout the day in question, would have |
| |
been relevant conditions, and |
| |
(b) | the number of other days on which the offender’s bail was subject to |
| |
those conditions (excluding the last day on which it was so subject), |
| 25 |
| rounded up to the nearest whole number. |
| |
(4) | Sub-paragraph (2) does not apply if and to the extent that— |
| |
(a) | rules made by the Secretary of State so provide, or |
| |
(b) | it is in the opinion of the court just in all the circumstances not to give |
| |
a direction under that subsection. |
| 30 |
(5) | Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does |
| |
not specify the credit period under sub-paragraph (2), it may in accordance |
| |
with either of those paragraphs by order specify a lesser period. |
| |
(6) | Rules under sub-paragraph (4)(a) may, in particular, make provision in |
| |
| 35 |
(a) | sentences of imprisonment for consecutive terms; |
| |
(b) | sentences of imprisonment for terms which are wholly or partly |
| |
| |
(c) | periods during which a person granted bail subject to the relevant |
| |
conditions is also subject to electronic monitoring required by an |
| 40 |
order made by a court or the Secretary of State. |
| |
(7) | In considering whether it is of the opinion mentioned in sub-paragraph |
| |
(4)(b) the court must, in particular, take into account whether or not the |
| |
|
| |
|
| |
|
offender has, at any time whilst on bail subject to the relevant conditions, |
| |
broken either or both of them. |
| |
(8) | Where the court specifies a period under sub-paragraph (2) or (5) it shall |
| |
| |
(a) | the number of days on which the offender was subject to the relevant |
| 5 |
| |
(b) | the number of days in the period specified. |
| |
(9) | Sub-paragraph (10) applies where the court— |
| |
(a) | does not specify the credit period under sub-paragraph (2) but does |
| |
specify a lesser period under sub-paragraph (5), or |
| 10 |
(b) | does not specify a period under either sub-paragraph (2) or (5). |
| |
(10) | The court shall state in open court— |
| |
(a) | that its decision is in accordance with rules made under paragraph |
| |
(a) of sub-paragraph (4), or |
| |
(b) | that it is of the opinion mentioned in paragraph (b) of that sub- |
| 15 |
paragraph and what the circumstances are. |
| |
| |
“electronic monitoring condition” means any electronic monitoring |
| |
requirements imposed under section 3(6ZAA) of the Bail Act 1976 |
| |
(c. 63) for the purpose of securing the electronic monitoring of a |
| 20 |
person’s compliance with a qualifying curfew condition; |
| |
“qualifying curfew condition” means a condition of bail which requires |
| |
the person granted bail to remain at one or more specified places for |
| |
a total of not less than 9 hours in any given day; and |
| |
“related offence” means an offence, other than the offence for which the |
| 25 |
sentence is imposed (“offence A”), with which the offender was |
| |
charged and the charge for which was founded on the same facts or |
| |
| |
| |
| |
Youth default orders: modification of provisions applying to youth |
| 30 |
| |
| |
1 | Any reference to the offender is, in relation to a youth default order, to be |
| |
read as a reference to the person in default; and any reference to the time |
| |
when the offender is convicted is to be read as a reference to the time when |
| 35 |
| |
| |
2 (1) | In its application to a youth default order, paragraph 10 of Schedule 1 |
| |
(unpaid work requirement) is modified as follows. |
| |
(2) | Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were |
| 40 |
| |
“(a) | not less than 20, and |
| |
|
| |
|
| |
|
(b) | in the case of an amount in default which is specified in the |
| |
first column of the following Table, not more than the |
| |
number of hours set out opposite that amount in the second |
| |
| |
|
(3) | Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted |
| |
“(or section 39(7)(a) applies)”. |
| |
Attendance centre requirement |
| 15 |
3 (1) | In its application to a youth default order, paragraph 12 of Schedule 1 |
| |
(attendance centre requirement) is modified as follows. |
| |
(2) | Sub-paragraph (2) has effect as if— |
| |
(a) | in paragraph (a), for the words following “conviction” there were |
| |
substituted “must be, in the case of an amount in default which is |
| 20 |
specified in the first column of the following Table, not more than the |
| |
number of hours set out opposite that amount in the second column. |
| |
|
(b) | in paragraph (b), for the words following “conviction” there were |
| |
substituted “must be, in the case of an amount in default which is |
| |
specified in the first column of the following Table, not more than the |
| |
|
| |
|
| |
|
number of hours set out opposite that amount in the second column. |
| |
|
(c) | in paragraph (c), for “must not be more than 12” there were |
| 10 |
substituted “must be, in the case of an amount in default which is |
| |
specified in the first column of the following Table, not more than the |
| |
number of hours set out opposite that amount in the second column. |
| |
|
| |
4 (1) | In its application to a youth default order, paragraph 14 of Schedule 1 |
| |
(curfew requirement) is modified as follows. |
| |
(2) | That paragraph has effect as if after sub-paragraph (2) there were inserted— |
| 25 |
“(2A) | In the case of an amount in default which is specified in the first |
| |
column of the following Table, the number of days on which the |
| |
person in default is subject to the curfew requirement must not |
| |
exceed the number of days set out opposite that amount in the |
| |
| 30 |
|
|
| |
|
| |
|
|
|
Enforcement, revocation and amendment of youth default order |
| |
5 (1) | In its application to a youth default order, Schedule 2 (breach, revocation or |
| |
amendment of youth rehabilitation orders) is modified as follows. |
| |
(2) | Any reference to the offence in respect of which the youth rehabilitation |
| 15 |
order was made is to be read as a reference to the default in respect of which |
| |
the youth default order was made. |
| |
(3) | Accordingly, any power of the court to revoke a youth rehabilitation order |
| |
and deal with the offender for the offence is to be taken to be a power to |
| |
revoke the youth default order and deal with him in any way in which the |
| 20 |
court which made the youth default order could deal with him for his |
| |
default in paying the sum in question. |
| |
(4) | Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted |
| |
“as having been made by a magistrates’ court”. |
| |
(5) | The following provisions are omitted— |
| 25 |
(a) | paragraph 6(2)(a) and (b)(i), (5) and (12) to (16), |
| |
| |
| |
| |
Power to alter amount of money or number of hours or days |
| 30 |
6 | The Secretary of State may by order amend paragraph 2, 3 or 4 by |
| |
substituting for any reference to an amount of money or a number of hours |
| |
or days there specified a reference to such other amount or number as may |
| |
be specified in the order. |
| |
Transfer of youth default order to Northern Ireland |
| 35 |
7 (1) | In its application to a youth default order, Schedule 3 is modified as follows. |
| |
|
| |
|
| |
|
(2) | Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted— |
| |
“(3) | Nothing in sub-paragraph (1) affects the application of section |
| |
39(7) to a youth default order made or amended in accordance |
| |
| |
(3) | Paragraph 12 has effect as if, after paragraph (b) there were inserted— |
| 5 |
“(bb) | any power to impose a fine on the offender”. |
| |
| |
| |
Appeals in criminal cases |
| |
| |
Amendments to the Criminal Appeal Act 1968 |
| 10 |
1 | The Criminal Appeal Act 1968 (c. 19) has effect subject to the following |
| |
| |
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,”. |
| 15 |
3 | In section 11 (supplementary provisions as to appeal against sentence), in |
| |
| |
(a) | after “if” insert “, within 28 days from the date on which the sentence |
| |
| |
(b) | for “the sentence” substitute “it”. |
| 20 |
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 |
| |
| |
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 |
| 25 |
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 |
| |
| |
(2) | For the heading substitute “Power to re-sentence where appellant remains |
| 30 |
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 |
| 35 |
respect of one or more of the offences for which the sentences |
| |
were passed (“the related offences”), but |
| |
|
| |
|