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Criminal Justice and Immigration Bill


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

192

 

(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

5

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

10

(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—

15

(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

20

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

25

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

30

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

35

14(7), and

(d)   

section 16B(3).

8          

After section 30B (as inserted by section 42(7)) insert—

“30C    

Effect of interim hospital orders

(1)   

This section applies where the Court of Appeal—

40

(a)   

make an interim hospital order by virtue of any provision of

this Part, or

(b)   

renew an interim hospital order so made.

 

 

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

193

 

(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—

5

“(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

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

15

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

20

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

25

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

30

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

35

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

40

exercised by the Court.”

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980

194

 

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

5

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

10

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

15

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

20

“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

25

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

30

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

35

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,”.

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980

195

 

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

5

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—

10

“(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

15

(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

20

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,

25

(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.

30

(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),

35

   

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.

40

20         

After section 29A (as inserted by section 43(6)) insert—

“29B    

Effect of interim hospital orders

(1)   

This section applies where the Court of Appeal—

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 2 — Amendments to the Criminal Appeal (Northern Ireland) Act 1980

196

 

(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

5

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

10

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

15

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—

20

“(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;

25

(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”

30

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

35

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

40

(b)   

an order that he be released without bail.”

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 3 — Amendments of other acts

197

 

      (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.”

5

      (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)”.

10

      (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

15

(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

20

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

25

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

30

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

35

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—

40

“(1A)   

The court may make an order under subsection (1)(b) only if it thinks

 

 

Criminal Justice and Immigration Bill
Schedule 8 — Appeals in criminal cases
Part 3 — Amendments of other acts

198

 

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

5

(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

10

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

15

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)—

20

(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

25

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)—

30

(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

35

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.

 

 

 
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