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Criminal Justice and Immigration Bill


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

39

 

Criminal legal aid

56      

Provisional grant of right to representation

(1)   

Part 1 of the Access to Justice Act 1999 (c. 22) is amended as follows.

(2)   

In section 14(1) (representation)—

(a)   

after “criminal proceedings” insert “and about the provisional grant of

5

a right to representation in prescribed circumstances”;

(b)   

after “granted” insert “, or provisionally granted,”.

(3)   

In section 15(1) (selection of representative) after “granted” insert “, or

provisionally granted,”.

(4)   

In section 25(9) (orders, regulations and directions subject to affirmative

10

resolution procedure) for “paragraph 2A” substitute “paragraph 1A, 2A,”.

(5)   

In section 26 (interpretation) after the definition of “representation” insert—

   

“and, for the purposes of the definition of “representation”,

“proceedings” includes, in the context of a provisional grant of a right

to representation, proceedings that may result from the investigation

15

concerned.”

(6)   

After paragraph 1 of Schedule 3 (individuals to whom right may be granted)

insert—

“Individuals to whom right may be provisionally granted

1A    (1)  

Regulations may provide that, in prescribed circumstances, and

20

subject to any prescribed conditions, a right to representation may be

provisionally granted to an individual where—

(a)   

the individual is involved in an investigation which may

result in criminal proceedings, and

(b)   

the right is so granted for the purposes of criminal

25

proceedings that may result from the investigation.

      (2)  

Regulations under sub-paragraph (1) may, in particular, make

provision about—

(a)   

the stage in an investigation at which a right to representation

may be provisionally granted;

30

(b)   

the circumstances in which a right which has been so

granted—

(i)   

is to become, or be treated as if it were, a right to

representation under paragraph 1, or

(ii)   

is to be, or may be, withdrawn.”

35

(7)   

In paragraph 2A of Schedule 3 (grant of right by Commission) at the end of

sub-paragraph (1)(b) insert—

“(c)   

provide that any provisional grant of a right to

representation, or any withdrawal of a right so granted, in

accordance with regulations under paragraph 1A is to be

40

made by the Commission.”

(8)   

In paragraph 3A(1) of Schedule 3 (form of the grant of a right to representation)

after “grant” insert “, or provisional grant,”.

 
 

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

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(9)   

In paragraph 3B of Schedule 3 (financial eligibility)—

(a)   

in sub-paragraph (1)—

(i)   

after “grant” insert “, or provisionally grant,”,

(ii)   

after “granted” insert “, or provisionally granted,”;

(b)   

in sub-paragraph (2)(a), after “granted” insert “, or provisionally

5

granted,”.

(10)   

In paragraph 4 of Schedule 3 (appeals) at the end insert—

           

“This paragraph does not apply in relation to any right to

representation granted in accordance with paragraph 1A.”

(11)   

In paragraph 5 of Schedule 3 (criteria for grant of right)—

10

(a)   

in sub-paragraph (1), after “grant” insert “, or provisionally grant,”;

(b)   

after sub-paragraph (2) insert—

   “(2A)  

For the purposes of sub-paragraph (2), “proceedings”

includes, in the context of a provisional grant of a right to

representation, proceedings that may result from the

15

investigation in which the individual is involved.”;

(c)   

in sub-paragraph (4), after “grant” insert “, or provisional grant,”.

57      

Disclosure of information to enable assessment of financial eligibility

(1)   

The Access to Justice Act 1999 (c. 22) is amended as follows.

(2)   

In section 25(9) (orders, regulations and directions subject to affirmative

20

resolution procedure), for “or 4” substitute “4 or 6”.

(3)   

In Schedule 3 (criminal defence service: right to representation), after

paragraph 5 insert—

“Information requests

6     (1)  

The relevant authority may make an information request to—

25

(a)   

the Secretary of State, or

(b)   

the Commissioners,

           

for the purpose of facilitating the making of a decision by the

authority about the application of paragraph 3B(1) or (2), or

regulations under paragraph 3B(3), in relation to an individual.

30

      (2)  

An information request made to the Secretary of State is a request for

the disclosure of some or all of the following information—

(a)   

the individual’s full name;

(b)   

the individual’s address;

(c)   

the individual’s date of birth;

35

(d)   

the individual’s national insurance number;

(e)   

the individual’s benefit status;

(f)   

information of any description specified in regulations.

      (3)  

An information request made to the Commissioners is a request for

the disclosure of some or all of the following information—

40

(a)   

whether or not the individual is employed;

(b)   

the name and address of the employer (if the individual is

employed);

 
 

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

41

 

(c)   

the individual’s national insurance number;

(d)   

information of any description specified in regulations made

with the agreement of the Commissioners.

      (4)  

The information that may be specified under subsection (3)(d)

includes, in particular, information relating to the individual’s

5

income (as defined in the regulations) for a period so specified.

      (5)  

On receiving an information request, the Secretary of State or (as the

case may be) the Commissioners may disclose the information

requested to the relevant authority.

Restrictions on disclosure

10

7     (1)  

A person to whom information is disclosed under paragraph 6(5), or

this sub-paragraph, may disclose the information to any person to

whom its disclosure is necessary or expedient in connection with

facilitating the making of a decision by the relevant authority about

the application of paragraph 3B(1) or (2), or regulations under

15

paragraph 3B(3), in relation to an individual.

      (2)  

A person to whom such information is disclosed commits an offence

if the person—

(a)   

discloses or uses the information, and

(b)   

the disclosure is not authorised by sub-paragraph (1) or (as

20

the case may be) the use is not for the purpose of facilitating

the making of such a decision as is mentioned in that sub-

paragraph.

      (3)  

But it is not an offence under sub-paragraph (2)—

(a)   

to disclose any information in accordance with any

25

enactment or order of a court or for the purposes of any

proceedings before a court; or

(b)   

to disclose any information which has previously been

lawfully disclosed to the public.

      (4)  

It is a defence for a person charged with an offence under sub-

30

paragraph (2) to prove that the person reasonably believed that the

disclosure or use was lawful.

      (5)  

A person guilty of an offence under sub-paragraph (2) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not

exceeding 2 years or a fine or both;

35

(b)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or a fine not exceeding the statutory

maximum or both.

      (6)  

In sub-paragraph (5)(b) the reference to 12 months is to be read as a

reference to 6 months in relation to an offence committed before the

40

commencement of section 154(1) of the Criminal Justice Act 2003.

      (7)  

Nothing in section 20 applies in relation to the disclosure of

information to which sub-paragraph (1) applies.

Paragraphs 6 and 7: supplementary

8     (1)  

This paragraph applies for the purposes of paragraphs 6 and 7.

45

 
 

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

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      (2)  

“Benefit status”, in relation to an individual, means whether or not

the individual is in direct or indirect receipt of any prescribed benefit

or benefits and, if so (in the case of each benefit)—

(a)   

which benefit the individual is so receiving, and

(b)   

(in prescribed cases) the amount the individual is so

5

receiving by way of the benefit.

      (3)  

“The Commissioners” means the Commissioners for Her Majesty’s

Revenue and Customs.

      (4)  

“Information” means information held in any form.

      (5)  

Nothing in paragraph 6 or 7 authorises the making of a disclosure

10

which contravenes the Data Protection Act 1998.”

58      

Pilot schemes

(1)   

The Access to Justice Act 1999 (c. 22) is amended as follows.

(2)   

In section 17A (contribution orders) omit subsection (5) (piloting of

regulations).

15

(3)   

After section 18 insert—

“18A    

Pilot schemes

(1)   

This section applies to the following instruments—

(a)   

any order under section 14 or paragraph 5 of Schedule 3,

(b)   

any regulations under section 12, 13, 15, 17 or 17A or any of

20

paragraphs 1A to 5 of Schedule 3, and

(c)   

any regulations under section 22(5) having effect in relation to

the Criminal Defence Service.

(2)   

Any instrument to which this section applies may be made so as to have

effect for a specified period not exceeding 12 months.

25

(3)   

But if the Lord Chancellor thinks that it is necessary or expedient for

either of the purposes in subsection (4), the period specified in the

instrument—

(a)   

may in the first instance be a period not exceeding 18 months;

(b)   

may be varied so as to become a period not exceeding 18

30

months.

(4)   

The purposes are—

(a)   

ensuring the effective operation of the instrument;

(b)   

co-ordinating the operation of the instrument with the

operation of any other provision made under an enactment

35

relating to any aspect of the criminal justice system.

(5)   

The period for the time being specified in an instrument to which this

section applies may also be varied so that the instrument has effect for

such further period as the Lord Chancellor thinks necessary for the

purpose of securing that it remains in operation until the coming into

40

force of any order or regulations made under the same provision of this

Act that will have effect—

(a)   

generally, or

 
 

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

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(b)   

for purposes wider than those for which the instrument has

effect.

(6)   

In the following provisions of this section “pilot scheme” means any

instrument which, in accordance with subsections (2) to (5), is to have

effect for a limited period.

5

(7)   

A pilot scheme may provide that its provisions are to apply only in

relation to—

(a)   

one or more specified areas or localities;

(b)   

one or more specified descriptions of court;

(c)   

one or more specified offences or descriptions of offence;

10

(d)   

one or more specified classes of person;

(e)   

persons selected—

(i)   

by reference to specified criteria; or

(ii)   

on a sampling basis.

(8)   

A pilot scheme may make consequential or transitional provision with

15

respect to the cessation of the scheme on the expiry of the specified

period (or that period as varied under subsection (3)(b) or (5)).

(9)   

A pilot scheme may be replaced by a further pilot scheme making the

same or similar provision.”

(4)   

In section 25 (regulations, orders and directions) after subsection (9A) insert—

20

“(9B)   

No order or regulations which, by virtue of section 18A, is or are to

have effect for a limited period shall be made unless a draft of the order

or regulations has been laid before, and approved by a resolution of,

each House of Parliament.”

Miscellaneous

25

59      

SFO’s pre-investigation powers in relation to bribery and corruption: foreign

officers etc

(1)   

The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)   

After section 2 insert—

“2A     

Director’s pre-investigation powers in relation to bribery and

30

corruption: foreign officers etc

(1)   

The powers of the Director under section 2 are also exercisable for the

purpose of enabling him to determine whether to start an investigation

under section 1 in a case where it appears to him that conduct to which

this section applies may have taken place.

35

(2)   

But—

(a)   

the power under subsection (2) of section 2 is so exercisable only

if it appears to the Director that for the purpose of enabling him

to make that determination it is expedient to require any person

appearing to him to have relevant information to do as

40

mentioned in that subsection, and

(b)   

the power under subsection (3) of that section is so exercisable

only if it appears to the Director that for that purpose it is

 
 

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

44

 

expedient to require any person to do as mentioned in that

subsection.

(3)   

Accordingly, where the powers of the Director under section 2 are

exercisable in accordance with subsections (1) and (2) above—

(a)   

the reference in subsection (2) of that section to the person

5

under investigation or any other person whom the Director has

reason to believe has relevant information is to be read as a

reference to any such person as is mentioned in subsection (2)(a)

above,

(b)   

the reference in subsection (3) of that section to the person

10

under investigation or any other person is to be read as a

reference to any such person as is mentioned in subsection

(2)(b) above, and

(c)   

any reference in subsection (2), (3) or (4) of that section to the

investigation is to be read as a reference to the making of any

15

such determination as is mentioned in subsection (1) above.

(4)   

Any reference in section 2(16) to the carrying out of an investigation by

the Serious Fraud Office into serious or complex fraud includes a

reference to the making of any such determination as is mentioned in

subsection (1) above.

20

(5)   

This section applies to any conduct which, as a result of section 108 of

the Anti-terrorism, Crime and Security Act 2001 (bribery and

corruption: foreign officers etc), constitutes a corruption offence

(wherever committed).

(6)   

The following are corruption offences for the purposes of this section—

25

(a)   

any common law offence of bribery;

(b)   

the offences under section 1 of the Public Bodies Corrupt

Practices Act 1889 (corruption in office); and

(c)   

the offences under section 1 of the Prevention of Corruption Act

1906 (corrupt transactions with agents).”

30

(3)   

In section 17 (extent)—

(a)   

in subsection (2) (provisions of Act extending to Scotland), for “section

2” substitute “sections 2 and 2A”; and

(b)   

in subsection (3) (provisions of Act extending to Northern Ireland),

after “sections 2” insert “, 2A”.

35

60      

Contents of an accused’s defence statement

(1)   

In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25)

(contents of defence statement), after “prosecution,” in paragraph (c) insert—

“(ca)   

setting out particulars of the matters of fact on which he intends

to rely for the purposes of his defence,”.

40

(2)   

In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter”

insert “(or any particular of any matter of fact)”.

61      

Compensation for miscarriages of justice

(1)   

The Criminal Justice Act 1988 (c. 33) has effect subject to the following

amendments.

45

 
 

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

45

 

(2)   

Section 133 (compensation for miscarriages of justice) is amended as follows.

(3)   

At the end of subsection (2) (compensation only payable if application for

compensation is made) insert “before the end of the period of 2 years beginning

with the date on which the conviction of the person concerned is reversed or

he is pardoned.

5

(2A)   

But the Secretary of State may direct that an application for

compensation made after the end of that period is to be treated as if it

had been made within that period if the Secretary of State considers

that there are exceptional circumstances which justify doing so.”

(4)   

For subsection (4A) substitute—

10

“(4A)   

Section 133A applies in relation to the assessment of the amount of the

compensation.”

(5)   

After subsection (5) (meaning of “reversed” in relation to a conviction) insert—

“(5A)   

But in a case where—

(a)   

a person’s conviction for an offence is quashed on an appeal out

15

of time, and

(b)   

the person is to be subject to a retrial,

   

the conviction is not to be treated for the purposes of this section as

“reversed” unless and until the person is acquitted of all offences at the

retrial or the prosecution indicates that it has decided not to proceed

20

with the retrial.

(5B)   

In subsection (5A) above any reference to a retrial includes a reference

to proceedings held following the remission of a matter to a

magistrates’ court by the Crown Court under section 48(2)(b) of the

Supreme Court Act 1981.”

25

(6)   

In subsection (6) (meaning of suffering punishment as a result of conviction)

after “this section” insert “and section 133A”.

(7)   

After section 133 insert—

“133A   

Miscarriages of justice: amount of compensation

(1)   

This section applies where an assessor is required to assess the amount

30

of compensation payable to or in respect of a person under section 133

for a miscarriage of justice.

(2)   

In assessing so much of any compensation payable under section 133 as

is attributable to suffering, harm to reputation or similar damage, the

assessor must have regard in particular to—

35

(a)   

the seriousness of the offence of which the person was

convicted and the severity of the punishment suffered as a

result of the conviction, and

(b)   

the conduct of the investigation and prosecution of the offence.

(3)   

The assessor may make from the total amount of compensation that the

40

assessor would otherwise have assessed as payable under section 133

any deduction or deductions that the assessor considers appropriate by

reason of either or both of the following—

 
 

 
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