Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 4 — Other criminal justice provisions
35

Miscellaneous
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Review of sentence on reference by Attorney General
(1)
Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is
amended as follows.
(2)
For subsection (3A) substitute—
5
“(3A)
Where a reference under this section relates to a case in which the judge
made an order specified in subsection (3B), the Court of Appeal shall
not, in deciding what sentence is appropriate for the case, make any
allowance for the fact that the person to whom it relates is being
sentenced for a second time.
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(3B)
The orders specified in this subsection are—
(a)
an order under section 269(2) of the Criminal Justice Act 2003
(determination of minimum term in relation to mandatory life
sentence);
(b)
an order under section 82A(2) of the Powers of Criminal Courts
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(Sentencing) Act 2000 (determination of minimum term in
relation to discretionary life sentences and certain other
sentences).”
(3)
In subsection (9) after paragraph (b) insert “, and
(c)
the reference in subsection (3A) to an order specified in
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subsection (3B) shall be construed as a reference to an order
under Article 5(1) of the Life Sentences (Northern Ireland)
Order 2001.”.
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Further amendments relating to appeals in criminal cases
Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal
25
(Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in
criminal cases.
Part 4
Other criminal justice provisions
Alternatives to prosecution
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48
Alternatives to prosecution for offenders under 18
Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—
(a)
to make provision for the giving of youth conditional cautions to
offenders aged 16 and 17, and
(b)
to make minor amendments relating to reprimands and warnings
35
under section 65 of that Act.
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Protection for spent cautions under the Rehabilitation of Offenders Act 1974
(1)
Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to
provide for the protection of spent cautions.

Criminal Justice and Immigration Bill
Part 4 — Other criminal justice provisions
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(2)
The provisions of Schedule 10 (and this section) extend only to England and
Wales.
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Criminal conviction certificates and criminal record certificates
(1)
Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended
as follows.
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(2)
In section 112 (criminal conviction certificates)—
(a)
in the definition of “central records”, after “convictions” insert “and
conditional cautions”;
(b)
after that definition insert—
““conditional caution” means a caution given under
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section 22 of the Criminal Justice Act 2003 (c. 44) or
section 66A of the Crime and Disorder Act 1998 (c. 37),
other than one that is spent for the purposes of Schedule
2 to the Rehabilitation of Offenders Act 1974 (c. 53).”
(3)
In section 113A(6) (criminal record certificates)—
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(a)
in the definition of “exempted question”, after “a question” insert
“which—
“(a)
so far as it applies to convictions, is a question”;
(b)
in that definition, at the end insert “; and—
“(b)
so far as it applies to cautions, is a question to which
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paragraph 3(3) or (4) of Schedule 2 to that Act has been
excluded by an order of the Secretary of State under
paragraph 4 of that Schedule;”;
(c)
in the definition of “relevant matter”, after “caution” insert “, including
a caution that is spent for the purposes of Schedule 2 to that Act”.
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(4)
This section extends to England and Wales only.
Bail
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Bail conditions: electronic monitoring
Schedule 11 makes provision in connection with the electronic monitoring of
persons released on bail subject to conditions.
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Bail for summary offences and certain other offences to be tried summarily
Schedule 12—
(a)
imposes a duty on a magistrates’ court considering whether to
withhold or grant bail in relation to a person under 18 accused of an
offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980
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(c. 43) (offences for which the value involved is relevant to the mode of
trial) to consider the value involved in the offence; and
(b)
amends Schedule 1 to the Bail Act 1976 (persons entitled to bail:
supplementary provisions).

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Part 4 — Other criminal justice provisions
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Proceedings in magistrates’ courts
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Allocation of offences triable either way etc.
Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which
makes provision in relation to the allocation and other treatment of offences
triable either way, and the sending of cases to the Crown Court).
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Trial or sentencing in absence of accused in magistrates’ courts
(1)
Section 11 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of
accused) is amended as follows.
(2)
In subsection (1), for “the court may proceed in his absence” substitute “—
(a)
if the accused is under 18 years of age, the court may proceed in
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his absence; and
(b)
if the accused has attained the age of 18 years, the court shall
proceed in his absence unless it appears to the court to be
contrary to the interests of justice to do so.

This is subject to subsections (2), (2A), (3) and (4).”
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(3)
After subsection (2) insert—
“(2A)
The court shall not proceed in the absence of the accused if it considers
that there is an acceptable reason for his failure to appear.”
(4)
In each of subsections (3) and (4), for “A magistrates’ court” substitute “In
proceedings to which this subsection applies, the court.”
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(5)
After subsection (3) insert—
“(3A)
But where a sentence or order of a kind mentioned in subsection (3) is
imposed or given in the absence of the offender, the offender must be
brought before the court before being taken to a prison or other
institution to begin serving his sentence (and the sentence or order is
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not to be regarded as taking effect until he is brought before the court).”
(6)
After subsection (4) insert—
“(5)
Subsections (3) and (4) apply to—
(a)
proceedings instituted by an information, where a summons
has been issued; and
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(b)
proceedings instituted by a written charge.
(6)
Nothing in this section requires the court to enquire into the reasons for
the accused’s failure to appear before deciding whether to proceed in
his absence.
(7)
The court shall state in open court its reasons for not proceeding under
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this section in the absence of an accused who has attained the age of 18
years; and the court shall cause those reasons to be entered in its
register of proceedings.”
(7)
Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases
to have effect.
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Criminal Justice and Immigration Bill
Part 4 — Other criminal justice provisions
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55
Extension of powers of non-legal staff
(1)
Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal
staff) is amended as follows.
(2)
In subsection (2) (powers of designated non-legal staff)—
(a)
in paragraph (a)(ii), after “trials” insert “of offences triable either way”;
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(b)
after paragraph (a)(ii) insert—
“(iii)
the conduct of applications or other proceedings
relating to preventative civil orders;
(iv)
the conduct of proceedings (other than criminal
proceedings) in, or in connection with, the
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discharge of functions assigned to the Director
under section 3(2)(g) above.”;
(c)
for paragraph (b) substitute—
“(b)
any powers of a Crown Prosecutor that do not involve
the exercise of such rights of audience as are mentioned
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in paragraph (a) above but are exercisable in relation to
the conduct of—
(i)
criminal proceedings in magistrates’ courts, or
(ii)
applications or proceedings falling within
paragraph (a)(iii) or (iv).”
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(3)
For subsection (5) (interpretation) substitute—
“(5)
In this section—
“bail in criminal proceedings” has the same meaning as in the Bail
Act 1976 (see section 1 of that Act);
“preventative civil orders” means—
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(a)
orders within section 3(2)(fa) to (fe) above;
(b)
orders under section 5 or 5A of the Protection from
Harassment Act 1997 (restraining orders);
(c)
orders under section 8 of the Crime and Disorder Act
1998 (parenting orders); or
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(d)
other orders that may be made by a magistrates’ court in
proceedings in respect of a person who has been
convicted of an offence where the proceedings—
(i)
are not criminal proceedings, but
(ii)
are referable to that conviction.
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(5A)
For the purposes of this section a trial begins with the opening of the
prosecution case after the entry of a plea of not guilty and ends with the
conviction or acquittal of the accused.”
(4)
Omit subsection (6) (powers not applicable to offences triable only on
indictment etc.).
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(5)
In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions
for the purposes of which binding over proceedings are to be taken to be
criminal proceedings) for “and 7(1)” substitute “, 7(1) and 7A”.