Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 5 — Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003
185

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
Ireland) Order 1981.
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
resist arrest).
10
45
An offence under Article 19 of that Order (carrying a firearm with
criminal intent).
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
arrest).
48
An offence under Article 60 of that Order (carrying a firearm with
criminal intent).
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
listed offence.
Part 4
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
this Schedule.
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.

Criminal Justice and Immigration Bill
Schedule 6 — Credit for period of remand on bail: transitional provisions
186

      (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.”
Schedule 6
5
Section 23

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
(c. 80).
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
period.
      (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
relation to—
35
(a)
sentences of imprisonment for consecutive terms;
(b)
sentences of imprisonment for terms which are wholly or partly
concurrent;
(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

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders
187

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
state in open court—
(a)
the number of days on which the offender was subject to the relevant
5
conditions, and
(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.
     (11)
In this paragraph—
“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
evidence as offence A.
Schedule 7
Section 39(6)

Youth default orders: modification of provisions applying to youth
30
rehabilitation orders
General
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
the order is made.
Unpaid work requirement
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
substituted—
“(a)
not less than 20, and

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders
188

(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
column.

TABLE

5

Amount
Number of

hours

An amount not exceeding
40

£200

An amount exceeding £200
60

10

but not exceeding £500

An amount exceeding £500
100”.

      (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.

TABLE

Amount
Number of

hours

25

An amount not exceeding
8

£250

An amount exceeding £250
14

but not exceeding £500

An amount exceeding £500
24”,

30
(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

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders
189

number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

hours

An amount not exceeding
8

5

£250

An amount exceeding £250
14

but not exceeding £500

An amount exceeding £500
24”,

(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.

TABLE

Amount
Number of

15

hours

An amount not exceeding
8

£250

An amount exceeding £250
10

but not exceeding £500

20

An amount exceeding £500
12”.

Curfew requirement
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
second column.
30

TABLE

Amount
Number of days

An amount not exceeding
20

£200

Criminal Justice and Immigration Bill
Schedule 7 — Youth default orders: modification of provisions applying to youth rehabilitation orders
190

TABLE

Amount
Number of days

An amount exceeding £200
30

but not exceeding £500

An amount exceeding £500
60

5

but not exceeding £1,000

An amount exceeding
90

£1,000 but not exceeding

£2,000

An amount exceeding
180”.

10

£2,000

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),
(b)
paragraph 11(5),
(c)
paragraph 18(7), and
(d)
paragraph 19(3).
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.

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 1 — Amendments to the Criminal Appeal Act 1968
191

      (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
with paragraph 1 or 2.”
      (3)
Paragraph 12 has effect as if, after paragraph (b) there were inserted—
5
“(bb)
any power to impose a fine on the offender”.
Schedule 8
Section 47

Appeals in criminal cases
Part 1
Amendments to the Criminal Appeal Act 1968
10
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,”.
15
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”.
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
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
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
as follows.
      (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