Criminal Justice Act 2003

In section 74 (requirements and provisions of reparation order, and obligations of person subject to it), in subsection (3)(a), after “community order” there is inserted “ or any youth community order ”.

108

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109

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110

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111

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112

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113

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114

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115

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116

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117

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118

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119

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120

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121

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122

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123

• (1) Section 163 (interpretation) is amended as follows.

• (2) In the definition of “attendance centre” for “section 62(2) above” there is substituted “ section 221(2) of the Criminal Justice Act 2003 ”.

• (3) In the definition of “attendance centre order” for the words from “by virtue of” to “Schedule 3” there is substituted “ by virtue of paragraph 4(2)(b) or 5(2)(b) of Schedule 3 ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) At the end there is inserted—

“youth community order” has the meaning given by section 33(1) above.

.

124

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125

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126

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127

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128

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129

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Child Support, Pensions and Social Security Act 2000 (c. 19)

130

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131

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132

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Criminal Justice and Court Services Act 2000 (c. 43)

133

The Criminal Justice and Court Services Act 2000 is amended as follows.

134

In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—

• (a) in paragraph (a), after “community orders” there is inserted “ (as defined by section 177 of the Criminal Justice Act 2003) ”, and

• (b) after paragraph (c) there is inserted—

(d) giving effect to suspended sentence orders (as defined by section 189 of the Criminal Justice Act 2003).

135

In section 42 (interpretation of Part 2), in subsection (2)(a), for “section 119 of the Powers of Criminal Court (Sentencing) Act 2000” there is substituted “ paragraph 8(2)(a) or (b) of Schedule 12 of the Criminal Justice Act 2003 ”.

136

• (1) Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.

• (2) For subsection (3) there is substituted—

(3) In relation to a prisoner released under section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 253 of that Act (curfew condition).

• (3) In subsection (5) after paragraph (e) there is inserted

, and (f) a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003

.

137

In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8), for paragraph (a) there is substituted—

(a) murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003,

.

138

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International Criminal Court Act 2001 (c. 17)

139

• (1) Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), is amended as follows.

• (2) In paragraph 2(1), for paragraph (d) there is substituted—

(d) section 240 of the Criminal Justice Act 2003 (crediting of periods of remand in custody).

• (3) In paragraph 3(1), for “Part 2 of the Criminal Justice Act 1991” there is substituted “ sections 244 to 264 of the Criminal Justice Act 2003 ”.

Armed Forces Act 2001 (c. 19)

140

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Proceeds of Crime Act 2002 (c. 29)

141

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Sexual Offences Act 2003 (c. 42)

142

The Sexual Offences Act 2003 is amended as follows.

143

In section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted—

(k) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003, (l) an extended sentence under section 228 of that Act,

.

144

In section 133 (general interpretation), at the end of paragraph (a) of the definition of “community order” there is inserted “ (as that Act had effect before the passing of the Criminal Justice Act 2003) ”.

Part 2 — Offences: abolition of imprisonment and conversion to summary offence

Vagrancy Act 1824 (c. 83)

145

In section 3 of the Vagrancy Act 1824 (idle and disorderly persons), for the words from “subject to” to the end there is substituted “ it shall be lawful for any justice of the peace to impose on such person (being thereof convicted before him by his own view, or by the confession of such person, or by the evidence on oath of one or more credible witnesses) a fine not exceeding level 3 on the standard scale ”.

146

• (1) Section 4 of that Act (rogues and vagabonds) is amended as follows.

• (2) In that section, for the words from “shall be” to the end there is substituted “ commits an offence under this section ”.

• (3) At the end of that section (which becomes subsection (1)) there is inserted—

(2) It shall be lawful for any justice of the peace to impose on any person who commits an offence under this section (being thereof convicted before him by the confession of such person, or by the evidence on oath of one or more credible witnesses)— (a) in the case of a person convicted of the offence of wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, and not giving a good account of himself, a fine not exceeding level 1 on the standard scale, and (b) in the case of a person convicted of any other offence under this section, a fine not exceeding level 3 on the standard scale.

London Hackney Carriages Act 1843 (c. 86)

147

In section 28 of the London Hackney Carriages Act 1843, after “for every such offence”, there is inserted “ of which he is convicted before the justice ”.

Town Police Clauses Act 1847 (c. 89)

148

In section 26 of the Town Police Clauses Act 1847, for the words from “committed by them” to the end, there is substituted “ liable to a fine not exceeding level 3 on the standard scale ”.

149

In section 28 of that Act, after “for each offence”, there is inserted “ of which he is convicted before the justice ”.

150

In section 29 of that Act, after “for every such offence”, there is inserted “ of which he is convicted before the justice ”.

151

In section 36 of that Act, after “liable”, there is inserted “ on conviction before the justices ”.

Seamen’s and Soldiers' False Characters Act 1906 (c. 5)

152

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Aliens Restriction (Amendment) Act 1919 (c. 92)

153

In section 3(2) of the Aliens Restriction (Amendment) Act 1919, for “imprisonment for a term not exceeding three months” there is substituted “ a fine not exceeding level 3 on the standard scale ”.

Polish Resettlement Act 1947 (c. 19)

154

In the Schedule to the Polish Resettlement Act 1947, in paragraph 7, for “imprisonment for a term not exceeding three months” there is substituted “ a fine not exceeding level 1 on the standard scale ”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

155

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Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

156

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Naval Discipline Act 1957 (c. 53)

157

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Slaughterhouses Act 1974 (c. 3)

158

In section 4 of the Slaughterhouses Act 1974, after subsection (5) there is inserted—

(5A) A person guilty of an offence under subsection (5) above shall be liable to a fine not exceeding level 3 on the standard scale.

Water Industry Act 1991 (c. 56)

159

In Schedule 6 to the Water Industry Act 1991, in paragraph 5(4), for paragraphs (a) and (b) there is substituted “ , on summary conviction, to a fine not exceeding level 5 on the standard scale ”.

Water Resources Act 1991 (c. 57)

160

In section 205(6) of the Water Resources Act 1991, for paragraphs (a) and (b) there is substituted “on summary conviction to a fine not exceeding level 5 on the standard scale”.

Transport Act 2000 (c. 38)

161

In section 82(4) of the Transport Act 2000, after “subsection (1)” there is inserted “ or (2) ”.

Reserve Forces Act 1996 (c. 14)

162

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SCHEDULE 33

1

The Juries Act 1974 (c. 23) is amended as follows.

2

For section 1 (qualification for jury service) there is substituted—

(1) (1) Subject to the provisions of this Act, every person shall be qualified to serve as a juror in the Crown Court, the High Court and county courts and be liable accordingly to attend for jury service when summoned under this Act if— (a) he is for the time being registered as a parliamentary or local government elector and is not less than eighteen nor more than seventy years of age; (b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen; (c) he is not a mentally disordered person; and (d) he is not disqualified for jury service. (2) In subsection (1) above “mentally disordered person” means any person listed in Part 1 of Schedule 1 to this Act. (3) The persons who are disqualified for jury service are those listed in Part 2 of that Schedule.

3

Section 9(1) (certain persons entitled to be excused from jury service) shall cease to have effect.

4

In section 9(2) (discretionary excusal) after “may” there is inserted “ , subject to section 9A(1A) of this Act, ”.

5

After section 9(2) (discretionary excusal) there is inserted—

(2A) Without prejudice to subsection (2) above, the appropriate officer shall excuse a full-time serving member of Her Majesty’s naval, military or air forces from attending in pursuance of a summons if— (a) that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, and (b) subsection (2A) or (2B) of section 9A of this Act applies. (2B) Subsection (2A) above does not affect the application of subsection (2) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where he is not entitled to be excused under subsection (2A).

6

In section 9(3) (discretionary excusal) after “above” there is inserted “ or any failure by the appropriate officer to excuse him as required by subsection (2A) above ”.

7

In section 9A(1) (discretionary deferral) after “may” there is inserted “ , subject to subsection (2) below, ”.

8

After section 9A(1) (discretionary deferral) there is inserted—

(1A) Without prejudice to subsection (1) above and subject to subsection (2) below, the appropriate officer— (a) shall defer the attendance of a full-time serving member of Her Majesty’s naval, military or air forces in pursuance of a summons if subsection (1B) below applies, and (b) for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly. (1B) This subsection applies if that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty. (1C) Nothing in subsection (1A) or (1B) above shall affect the application of subsection (1) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where subsection (1B) does not apply.

9

For section 9A(2) (discretionary deferral) there is substituted—

(2) The attendance of a person in pursuance of a summons shall not be deferred under subsection (1) or (1A) above if subsection (2A) or (2B) below applies.

10

After section 9A(2) (discretionary deferral) there is inserted—

(2A) This subsection applies where a deferral of the attendance of the person in pursuance of the summons has previously been made or refused under subsection (1) above or has previously been made under subsection (1A) above. (2B) This subsection applies where— (a) the person is a full-time serving member of Her Majesty’s naval, military or air forces, and (b) in addition to certifying to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty, that member’s commanding officer certifies that this position is likely to remain for any period specified for the purpose of this subsection in guidance issued under section 9AA of this Act.

11

In section 9A(3) (discretionary deferral) after “above” there is inserted “ or any failure by the appropriate officer to defer his attendance as required by subsection (1A) above ”.

12

After section 9A (discretionary deferral) there is inserted—

(9AA) (1) The Lord Chancellor shall issue guidance as to the manner in which the functions of the appropriate officer under sections 9 and 9A of this Act are to be exercised. (2) The Lord Chancellor shall— (a) lay before each House of Parliament the guidance, and any revised guidance, issued under this section, and (b) arrange for the guidance, or revised guidance, to be published in a manner which he considers appropriate.

13

In section 19 (payment for jury service), after subsection (1) there is inserted—

(1A) The reference in subsection (1) above to payments by way of allowance for subsistence includes a reference to vouchers and other benefits which may be used to pay for subsistence, whether or not their use is subject to any limitations.

14

In section 20 (offences), for subsection (5)(d) there is substituted—

(d) knowing that he is disqualified under Part 2 of Schedule 1 to this Act, serves on a jury;

15

For Schedule 1 (ineligibility and disqualification for and excusal from jury service) there is substituted—

SCHEDULE 1 (1) A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either— (a) is resident in a hospital or similar institution; or (b) regularly attends for treatment by a medical practitioner. (2) A person for the time being under guardianship under section 7 of the Mental Health Act 1983. (3) A person who, under Part 7 of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs. (4) (1) In this Part of this Schedule— (a) “mental handicap” means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning; (b) “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning; (c) other expressions are to be construed in accordance with the Mental Health Act 1983. (2) For the purposes of this Part a person is to be treated as being under guardianship under section 7 of the Mental Health Act 1983 at any time while he is subject to guardianship pursuant to an order under section 116A(2)(b) of the Army Act 1955, section 116A(2)(b) of the Air Force Act 1955 or section 63A(2)(b) of the Naval Discipline Act 1957. (5) A person who is on bail in criminal proceedings (within the meaning of the Bail Act 1976). (6) A person who has at any time been sentenced in the United Kingdom, the Channel Islands or the Isle of Man— (a) to imprisonment for life, detention for life or custody for life, (b) to detention during her Majesty’s pleasure or during the pleasure of the Secretary of State, (c) to imprisonment for public protection or detention for public protection, (d) to an extended sentence under section 227 or 228 of the Criminal Justice Act 2003 or section 210A of the Criminal Procedure (Scotland) Act 1995, or (e) to a term of imprisonment of five years or more or a term of detention of five years or more. (7) A person who at any time in the last ten years has— (a) in the United Kingdom, the Channel Islands or the Isle of Man— (i) served any part of a sentence of imprisonment or a sentence of detention, or (ii) had passed on him a suspended sentence of imprisonment or had made in respect of him a suspended order for detention, (b) in England and Wales, had made in respect of him a community order under section 177 of the Criminal Justice Act 2003, a community rehabilitation order, a community punishment order, a community punishment and rehabilitation order, a drug treatment and testing order or a drug abstinence order, or (c) had made in respect of him any corresponding order under the law of Scotland, Northern Ireland, the Isle of Man or any of the Channel Islands. (8) For the purposes of this Part of this Schedule— (a) a sentence passed by a court-martial is to be treated as having been passed in the United Kingdom, and (b) a person is sentenced to a term of detention if, but only if— (i) a court passes on him, or makes in respect of him on conviction, any sentence or order which requires him to be detained in custody for any period, and (ii) the sentence or order is available only in respect of offenders below a certain age, and any reference to serving a sentence of detention is to be construed accordingly.

SCHEDULE 34

Crime and Disorder Act 1998 (c. 37)

1

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2

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Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

3

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4

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5

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6

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SCHEDULE 35

1

The Police Act 1997 (c. 50) is amended as follows.

2

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3

4

5

In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (2)(b), for the words from “to which” onwards there is substituted “ of such description as may be prescribed ”.

6

• (1) Section 120 (registered persons) is amended as follows.

• (2) For subsection (2) there is substituted—

(2) Subject to regulations under section 120ZA and 120AA and to section 120A the Secretary of State shall include in the register any person who— (a) applies to him in writing to be registered, (b) satisfies the conditions in subsections (4) to (6), and (c) has not in the period of two years ending with the date of the application been removed from the register under section 120A or 120AA.

• (3) Subsection (3) is omitted.

7

After section 120 there is inserted—

(120ZA) (1) The Secretary of State may by regulations make further provision about registration. (2) Regulations under this section may in particular make provision for— (a) the payment of fees, (b) the information to be included in the register, (c) the registration of any person to be subject to conditions, (d) the nomination by— (i) a body corporate or unincorporate, or (ii) a person appointed to an office by virtue of any enactment, of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part, and (e) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised. (3) The provision which may be made by virtue of subsection (2)(c) includes provision— (a) for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of State thinks fit, and (b) for the Secretary of State to vary or revoke those conditions. (4) The conditions imposed by virtue of subsection (2)(c) may in particular include conditions— (a) requiring a registered person, before he countersigns an application at an individual’s request, to verify the identity of that individual in the prescribed manner, (b) requiring an application under section 113 or 115 to be transmitted by electronic means to the Secretary of State by the registered person who countersigns it, and (c) requiring a registered person to comply with any code of practice for the time being in force under section 122.

8

At the end of the sidenote to section 120A (refusal and cancellation of registration) there is inserted “ on grounds related to disclosure ”.

9

After section 120A there is inserted—

(120AA) (1) Regulations may make provision enabling the Secretary of State in prescribed cases to refuse to register a person who, in the opinion of the Secretary of State, is likely to countersign fewer applications under this Part in any period of twelve months than a prescribed minimum number. (2) Subsection (3) applies where a registered person— (a) is, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under this Part, (b) has, in any period of twelve months during which he was registered, countersigned fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or (c) has failed to comply with any condition of his registration. (3) Subject to section 120AB, the Secretary of State may— (a) suspend that person’s registration for such period not exceeding 6 months as the Secretary of State thinks fit, or (b) remove that person from the register. (120AB) (1) Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of State must send him written notice of his intention to do so. (2) Every such notice must— (a) give the Secretary of State’s reasons for proposing to cancel or suspend the registration, and (b) inform the person concerned of his right under subsection (3) to make representations. (3) A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of State as to why the registration should not be cancelled or suspended. (4) After considering such representations, the Secretary of State must give the registered person written notice— (a) that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or (b) that he does not propose to take any further action. (5) If no representations are received within the period mentioned in subsection (3) the Secretary of State may cancel or suspend the person’s registration at the end of the period mentioned in that subsection. (6) Subsection (1) does not prevent the Secretary of State from imposing on the registered person a lesser sanction than that specified in the notice under that subsection. (7) Any notice under this section that is required to be given in writing may be given by being transmitted electronically. (8) This section does not apply where— (a) the Secretary of State is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of countersigning applications under this Part, or (b) the registered person has requested to be removed from the register. (9) The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.

10

After section 122 there is inserted—

(122A) (1) The Secretary of State may, to such extent and subject to such conditions as he thinks fit, delegate any relevant function of his under this Part to such person as he may determine. (2) A function is relevant for the purposes of subsection (1) if it does not consist of a power— (a) to make regulations, or (b) to publish or revise a code of practice or to lay any such code before Parliament. (3) A delegation under subsection (1) may be varied or revoked at any time.

11

After section 124 (offences: disclosure) there is inserted—

(124A) (1) Any person who is engaged in the discharge of functions conferred by this Part on the Secretary of State commits an offence if he discloses information which has been obtained by him in connection with those functions and which relates to a particular person unless he discloses the information, in the course of his duties,— (a) to another person engaged in the discharge of those functions, (b) to the chief officer of a police force in connection with a request under this Part to provide information to the Secretary of State, or (c) to an applicant or registered person who is entitled under this Part to the information disclosed to him. (2) Where information is disclosed to a person and the disclosure— (a) is an offence under subsection (1), or (b) would be an offence under subsection (1) but for subsection (3)(a), (d) or (e), the person to whom the information is disclosed commits an offence if he discloses it to any other person. (3) Subsection (1) does not apply to a disclosure of information which is made— (a) with the written consent of the person to whom the information relates, (b) to a government department, (c) to a person appointed to an office by virtue of any enactment, (d) in accordance with an obligation to provide information under or by virtue of any enactment, or (e) for some other purpose specified in regulations made by the Secretary of State. (4) A person who is guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale, or to both. (5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months.

12

In section 125 (regulations)—

• (a) subsection (3) is omitted, and

• (b) in subsection (4), the words “to which subsection (3) does not apply” are omitted.

SCHEDULE 36

Part 1 — Bail

Bail Act 1976 (c. 63)

1

The Bail Act 1976 is amended as follows.

2

• (1) Section 5(6A)(a) (supplementary provisions about decisions on bail) is amended as follows.

• (2) After “examination)” there is inserted “ , section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc) ”.

• (3) After sub-paragraph (ii) there is inserted—

(iia) section 17C (intention as to plea: adjournment), or

.

• (4) After sub-paragraph (iii) there is inserted

or (iiia) section 24C (intention as to plea by child or young person: adjournment),

.

3

In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted—

(2) References in this Schedule to previous grants of bail include— (a) bail granted before the coming into force of this Act; (b) as respects the reference in paragraph 2A of Part 1 of this Schedule (as substituted by section 14(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph; (c) as respects the references in paragraph 6 of Part 1 of this Schedule (as substituted by section 15(1) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph; (d) as respects the references in paragraph 9AA of Part 1 of this Schedule, bail granted before the coming into force of that paragraph; (e) as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph; (f) as respects the reference in paragraph 5 of Part 2 of this Schedule (as substituted by section 13(4) of the Criminal Justice Act 2003), bail granted before the coming into force of that paragraph.

Supreme Court Act 1981 (c. 54)

4

• (1) Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.

• (2) In subsection (1)(g) after “examination)” there is inserted “ , section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc) ”.

• (3) In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted and after that sub-paragraph there is inserted—

(iia) section 17C (intention as to plea: adjournment);

.

• (4) In subsection (1)(g) after sub-paragraph (iii) there is inserted

or (iiia) section 24C (intention as to plea by child or young person: adjournment);

.

Police and Criminal Evidence Act 1984 (c. 60)

5

In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted by custody officer after charge)—

• (a) for “2” there is substituted “ 2(1) ”, and

• (b) after “1976” there is inserted “ (disregarding paragraph 2(2) of that Part) ”.

Part 2 — Charging etc

Criminal Law Act 1977 (c. 45)

6

In section 39 of the Criminal Law Act 1977 (service of summons and citation throughout United Kingdom) for subsection (1) there is substituted—

(1) The following documents, namely— (a) a summons requiring a person charged with an offence to appear before a court in England or Wales, (b) a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence, (c) a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales, and (d) any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) or (c) above, may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.

Magistrates' Courts Act 1980 (c. 43)

7

The Magistrates' Courts Act 1980 is amended as follows.

8

• (1) Section 1 (issue of summons to accused or warrant for his arrest) is amended as follows.

• (2) In subsection (3) after “section” there is inserted “ upon an information being laid ”.

• (3) In subsection (4) after “summons” there is inserted “ , or a written charge and requisition, ”.

• (4) In subsection (6) after “has” there is inserted “ , or a written charge and requisition have, ”.

• (5) After subsection (6) there is inserted—

(6A) Where the offence charged is an indictable offence and a written charge and requisition have previously been issued, a warrant may be issued under this section by a justice of the peace upon a copy of the written charge (rather than an information) being laid before the justice by a public prosecutor.

• (6) After subsection (7) there is inserted—

(7A) For the purposes of subsection (6A) above, a copy of a written charge may be laid before, and a warrant under this section may be issued by, a single justice of the peace.

9

In section 150(1) (interpretation of other terms) after the definition of “prescribed” there is inserted—

“public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;

.

Prosecution of Offences Act 1985 (c. 23)

10

• (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation) is amended as follows.

• (2) In subsection (1) after the definition of “public authority” there is inserted—

“public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;

.

• (3) In subsection (2), after paragraph (b) there is inserted—

(ba) where a public prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;

.

Criminal Justice and Public Order Act 1994 (c. 33)

11

• (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation, etc, of witnesses, jurors and others) is amended as follows.

• (2) In subsection (9), for the word “and” at the end of the definition of “potential” there is substituted—

“public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;

• (3) In subsection (10)(a), after sub-paragraph (i) there is inserted—

(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;

.

Drug Trafficking Act 1994 (c. 37)

12

• (1) Section 60 of the Drug Trafficking Act 1994 (prosecution by order of Commissioners of Customs and Excise) is amended as follows.

• (2) In subsection (6) for the word “and” at the end of the definition of “officer” there is substituted—

“public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003;

.

• (3) In subsection (6A), after paragraph (a) there is inserted—

(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;

.

Merchant Shipping Act 1995 (c. 21)

13

• (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

• (2) In subsection (2)(a), after sub-paragraph (i) there is inserted—

(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;

.

• (3) After subsection (2) there is inserted—

(2A) In subsection (2) above “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

Terrorism Act 2000 (c. 11)

14

• (1) Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an offence: timing) is amended as follows.

• (2) In sub-paragraph (1), after paragraph (a) there is inserted—

(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;

.

• (3) After sub-paragraph (2) there is inserted—

(2A) In sub-paragraph (1) “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

Proceeds of Crime Act 2002 (c. 29)

15

• (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

• (2) In subsection (1), after paragraph (a) there is inserted—

(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;

.

• (3) After subsection (8) there is inserted—

(9) In this section “public prosecutor”, “requisition” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

Crime (International Co-operation) Act 2003 (c. 32)

16

After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—

(4A) (1) This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor— (a) a written charge (within the meaning of section 29 of the Criminal Justice Act 2003), (b) a requisition (within the meaning of that section). (2) The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom. (3) Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language. (4) A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court. (5) If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service. (6) Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question. (7) But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance). (4B) (1) A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State. (2) But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met. (3) The conditions are— (a) that the correct address of the person is unknown, (b) that it has not been possible to serve the written charge or requisition by post, (c) that there are good reasons for thinking that service by post will not be effective or is inappropriate.

Part 3 — Disclosure

Prosecution of Offences Act 1985 (c. 23)

17

In section 22B of the Prosecution of Offences Act 1985 (re-institution of proceedings stayed under section 22(4) or 22A(5)), in subsection (5)(a) for “section 3, 4, 7 or 9” there is substituted “ section 3, 4 or 7A ”.

Criminal Justice Act 1987 (c. 38)

18

In section 9 of the Criminal Justice Act 1987 (preparatory hearings in serious fraud cases etc.), paragraphs (i) and (iii) of subsection (5) are omitted.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

19

In Article 8 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (preparatory hearings in serious fraud cases etc.), sub-paragraphs (i) and (iii) of paragraph (5) are omitted.

Criminal Procedure and Investigations Act 1996 (c. 25)

20

The Criminal Procedure and Investigations Act 1996 is amended as follows.

21

In section 3 (primary disclosure by prosecutor), for the heading there is substituted “Initial duty of prosecutor to disclose”.

22

In section 4 (primary disclosure: further provisions), in the heading for “Primary disclosure” there is substituted “ Initial duty to disclose ”.

23

In section 5 (compulsory disclosure by accused), subsections (6) to (9) are omitted.

24

In section 6 (voluntary disclosure by accused), subsection (3) is omitted.

25

Section 7 (secondary disclosure by prosecutor) shall cease to have effect.

26

Section 9 (continuing duty of prosecutor to disclose) shall cease to have effect.

27

In section 10 (prosecutor’s failure to observe time limits), in subsection (1), for paragraph (b) there is substituted—

(b) purports to act under section 7A(5) after the end of the period which, by virtue of section 12, is the relevant period for section 7A.

28

In section 12 (time limits)—

• (a) in subsection (1), for “and 7” there is substituted “ , 6B, 6C and 7A(5) ”;

• (b) in subsection (5), for “7” there is substituted “ 7A(5) ”.

29

In section 13 (time limits: transitional), for subsection (2) there is substituted—

(2) As regards a case in relation to which no regulations under section 12 have come into force for the purposes of section 7A, section 7A(5) shall have effect as if— (a) in paragraph (a) for the words from “during the period” to the end, and (b) in paragraph (b) for “during that period”, there were substituted “ as soon as is reasonably practicable after the accused gives the statement in question ”.

30

In section 14 (public interest: review for summary trials), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.

31

In section 15 (public interest: review in other cases), in subsection (2)(a), for “7(5), 8(5) or 9(8)” there is substituted “ 7A(8) or 8(5) ”.

32

In section 16 (applications: opportunity to be heard), in paragraph (a) and in the words after paragraph (c), for “7(5), 8(5), 9(8)” there is substituted “ 7A(8), 8(5) ”.

33

In section 17 (confidentiality of disclosed information), in subsection (1)(a), for “7, 9” there is substituted “ 7A ”.

34

In section 19 (rules of court) in subsection (2)(b) and (d), for “7(5), 8(2) or (5), 9(8)” there is substituted “ 5(5B), 6B(6), 6E(5), 7A(8), 8(2) or (5) ”.

35

In section 20 (other statutory rules as to disclosure)—

• (a) subsection (2) is omitted, and

• (b) in subsection (5)(a), for “sections 3 to 9” there is substituted “ sections 3 to 8 ”.

36

In section 31 (preparatory hearings in complex cases etc.), paragraphs (a) and (c) of subsection (6) are omitted.

37

• (1) Section 77 (orders and regulations) is amended as follows.

• (2) In subsection (5)—

• (a) after “No” there is inserted “ regulations or ”, and

• (b) after “section” there is inserted “ 6A or ”.

• (3) In subsection (6)(b) after “regulations” there is inserted “ (other than regulations under section 6A) ”.

38

In Schedule 4 (modifications for Northern Ireland), in paragraph 7, for “3(6), 7(5), 8(5) or 9(8)” there is substituted “ 3(6), 7A(8) or 8(5) ”.

Sexual Offences (Protected Material) Act 1997 (c. 39)

39

In section 9(4) of the Sexual Offences (Protected Material) Act 1997 (which, when in force, will add a subsection (6) to section 1 of the Criminal Procedure and Investigations Act 1996), for “section 3, 7 or 9” there is substituted “ section 3 or 7A ”.

Part 4 — Trials on indictment without a jury

Indictments Act 1915 (c. 90)

40

• (1) Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.

• (2) In subsection (5)(a) for “are to” there is substituted “ (if there is one) ”.

• (3) In subsection (5)(b) after “discharged” there is inserted “ under paragraph (a) ”.

Criminal Law Act 1967 (c. 58)

41

In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury” there is inserted “ or otherwise act ”.

Criminal Justice Act 1967 (c. 80)

42

In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—

• (a) for “the defendant being given in charge to a jury” there is substituted “ any further steps being taken in the proceedings ”, and

• (b) after “verdict of a jury” there is inserted “ or a court ”.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

43

In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of offences) after “jury” there is inserted “ or otherwise act ”.

Criminal Appeal Act 1968 (c. 19)

44

In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

• (a) for “the jury were discharged from giving a verdict” there is substituted “ no verdict was given ”, and

• (b) for “convicting him” there is substituted “ his being convicted ”.

Judicature (Northern Ireland) Act 1978 (c. 23)

45

• (1) Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) is amended as follows.

• (2) In subsection (6A) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.

• (3) After subsection (6A) there is inserted—

(6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for— (a) the making of an order under Part 7 of the Criminal Justice Act 2003, or (b) the application of section 5 of the Justice and Security (Northern Ireland) Act 2007 .

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

46

In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power to order retrial) for “the jury were discharged from giving a verdict” there is substituted “ no verdict was given ”.

Supreme Court Act 1981 (c. 54)

47

• (1) Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of place of trial) is amended as follows.

• (2) In subsection (2A) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”

• (3) After subsection (2A) there is inserted—

(2B) The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

Police and Criminal Evidence Act 1984 (c. 60)

48

• (1) Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows.

• (2) In subsection (1) after “indictment” there is inserted “ with a jury ”.

• (3) In subsection (2) after “indictment” there is inserted “ with a jury ”.

• (4) After subsection (2) there is inserted—

(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

Prosecution of Offences Act 1985 (c. 23)

49

The Prosecution of Offences Act 1985 is amended as follows.

50

In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is substituted “ on indictment ”.

51

• (1) Section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.

• (2) In subsection (11A)—

• (a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”,

• (b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.

• (3) After that subsection there is inserted—

(11AA) The references in subsection (11A) above to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

Criminal Justice Act 1987 (c. 38)

52

The Criminal Justice Act 1987 is amended as follows.

53

• (1) Section 7 (power to order preparatory hearing) is amended as follows.

• (2) In subsection (1) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.

• (3) After subsection (2) there is inserted—

(2A) The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

54

• (1) Section 9 (the preparatory hearing) is amended as follows.

• (2) In subsection (4)(b) for “the jury” there is substituted “ a jury ”.

• (3) In subsection (13) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.

55

• (1) Section 10 (later stages of trial) is amended as follows.

• (2) In subsection (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

• (3) In subsection (3) for “deciding whether to give leave” there is substituted “ doing anything under subsection (2) above or in deciding whether to do anything under it ”.

• (4) In subsection (4) for “Except as provided by this section” there is substituted “ Except as provided by this section, in the case of a trial with a jury ”.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

56

The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.

57

• (1) Article 6 (power to order preparatory hearing) is amended as follows.

• (2) In paragraph (1) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.

• (3) After paragraph (2) there is inserted—

(2A) The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for— (a) the making of an order under Part 7 of the Criminal Justice Act 2003, or (b) the application of section 75 of the Terrorism Act 2000.

58

• (1) Article 8 (the preparatory hearing) is amended as follows.

• (2) In paragraph (4)(b) for “the jury” there is substituted “ a jury ”.

• (3) In paragraph (12) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.

59

• (1) Article 9 (later stages of trial) (as originally enacted) is amended as follows.

• (2) In paragraph (1) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

• (3) In paragraph (2) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (1) or in deciding whether to do anything under it ”.

• (4) In paragraph (3) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.

60

• (1) Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25)) is amended as follows.

• (2) In paragraph (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

• (3) In paragraph (3) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (2) or in deciding whether to do anything under it ”.

• (4) In paragraph (4) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

61

• (1) Article 75 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (confessions of mentally handicapped persons) is amended as follows.

• (2) In paragraph (1) after “indictment” there is inserted “ with a jury ”.

• (3) In paragraph (2) after “indictment” there is inserted “ with a jury ”.

• (4) After paragraph (2) there is inserted—

(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

Criminal Justice and Public Order Act 1994 (c. 33)

62

The Criminal Justice and Public Order Act 1994 is amended as follows.

63

In section 35(2) (effect of accused’s silence at trial) after “indictment” there is inserted “ with a jury ”.

64

In section 51(10)(b) (intimidation of witnesses, jurors and others) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.

Criminal Procedure and Investigations Act 1996 (c. 25)

65

The Criminal Procedure and Investigations Act 1996 is amended as follows.

66

• (1) Section 29 (power to order preparatory hearing) is amended as follows.

• (2) In subsection (1)(a) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.

• (3) After subsection (4) there is inserted—

(5) The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

67

In section 31(4)(b) (the preparatory hearing) for “the jury” there is substituted “ a jury ”.

68

• (1) Section 34 (later stages of trial) is amended as follows.

• (2) In subsection (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

• (3) In subsection (3) for “deciding whether to give leave” there is substituted “ doing anything under subsection (2) or in deciding whether to do anything under it ”.

• (4) In subsection (4) for “Except as provided by this section” there is substituted “ Except as provided by this section, in the case of a trial with a jury ”.

69

In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.

70

In section 36(2) (appeals to House of Lords) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.

71

• (1) Section 39 (meaning of pre-trial hearing) is amended as follows.

• (2) In subsection (3)—

• (a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”,

• (b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.

• (3) After that subsection there is inserted—

(4) The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.

72

• (1) Schedule 4 (modifications for Northern Ireland) is amended as follows.

• (2) In paragraph 15 after the substituted version of section 39(2) there is inserted—

(2A) But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.

• (3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—

• (a) for “when a jury is sworn” there is substituted “ at the time when a jury is sworn ”, and

• (b) for “a jury is sworn” there is substituted “ the time when a jury is sworn ”.

• (4) After paragraph 15 there is inserted—

(15A) In section 39(4) for “(3)” substitute “ (3)(b) ”.

Crime and Disorder Act 1998 (c. 37)

73

In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for “a jury properly to convict him” there is substituted “ him to be properly convicted ”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

74

The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

75

In section 32 (warning to jury) after “indictment” there is inserted “ with a jury ”.

76

In section 39(1) (warning to jury) after “indictment” there is inserted “ with a jury ”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

77

In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (general interpretation) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.

Proceeds of Crime Act 2002 (c. 29)

78

In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after “finding” there is inserted “ otherwise than in circumstances where the proceedings are continued without a jury ”.

Part 5 — Evidence

Criminal Procedure Act 1865 (c. 18)

79

In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for offence may be proved if not admitted)—

• (a) for “A witness may be” there is substituted “ If, upon a witness being lawfully ”;

• (b) the words “and upon being so questioned, if” are omitted.

Criminal Evidence Act 1898 (c. 36)

80

In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—

• (a) at the beginning of subsection (2) there is inserted “ Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character), ”;

• (b) subsection (3) is omitted.

Army Act 1955 (c. 18)

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Force Act 1955 (c. 19)

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Naval Discipline Act 1957 (c. 53)

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Armed Forces Act 1976 (c. 52)

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984 (c. 60)

85

• (1) Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.

• (2) In subsection (1) (commission of offence by non-defendant) for the words from “, where to do so” to “committed that offence” there is substituted “ that that person committed that offence, where evidence of his having done so is admissible ”.

• (3) In subsection (3) (commission of offence by defendant) the words from “in so far” to “he is charged,” are omitted.

Part 6 — Miscellaneous

Criminal Appeal Act 1968 (c. 19)

86

The Criminal Appeal Act 1968 is amended as follows.

87

In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—

(aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;

.

88

In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—

(5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

89

In section 45 (construction of references to Court of Appeal)—

• (a) in subsection (1), for “section 44A” there is substituted “ sections 44A and 51 ”,

• (b) in subsection (2) after “sections” there is inserted “ 23A, ”.

90

• (1) Section 51 (interpretation) is amended as follows.

• (2) In subsection (1) the definition of “the defendant” is omitted.

• (3) After that subsection there is inserted—

(1A) In Part 2 of this Act “the defendant”— (a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal, (b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and (c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act; and, subject to section 33(1A) of this Act, “prosecutor” shall be construed accordingly.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

91

The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

92

• (1) Section 19 (legal aid) is amended as follows.

• (2) In subsection (1) after “an appeal” there is inserted “ under this Part of this Act ”.

• (3) In subsection (1A) for “for the purpose” there is substituted “ in respect ”.

• (4) In subsection (1A)(a)—

• (a) the words “application for leave to” are omitted, and

• (b) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

• (5) For subsection (1A)(b) there is substituted—

(b) any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or (c) an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.

• (6) After subsection (1A) there is inserted—

(1B) The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.

• (7) In subsection (3) for “an appellant” there is substituted “ a person ”.

93

• (1) Section 28 (costs) is amended as follows.

• (2) In subsection (2)(a) for “this Part” there is substituted “ section 19(1) ”.

• (3) After subsection (2) there is inserted—

(2AA) The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.

• (4) In subsection (2A) after “(2)(a)” there is inserted “ or (2AA) ”.

• (5) In subsection (2G)—

• (a) after “(2)(a)” there is inserted “ or (2AA) ”, and

• (b) for “subsection (2)” there is substituted “ subsections (2) and (2AA) ”.

94

For section 31(3) (definition of defendant and prosecutor) there is substituted—

(3) In this Part of this Act “the defendant”— (a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court; (b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court; (c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below; and, subject to subsection (1A) above, “prosecutor” shall be construed accordingly.

95

In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—

(3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court.

Criminal Justice Act 1988 (c. 33)

96

In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—

• (a) in subsection (3), for “10” there is substituted “ 11 ”,

• (b) in subsection (9)(b), for “10 and 35(1)” there is substituted “ 11 and 35(1) ”.

Criminal Appeal Act 1995 (c. 35)

97

In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for “case”, in both places where it occurs, there is substituted “ appeal or application for leave to appeal ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 37

Part 1 — Repeals relating to amendments of Police and Criminal Evidence Act 1984

Part 2 — Bail

Part 3 — Disclosure

Part 4 — Allocation and sending of offences

Part 5 — Evidence of bad character

Part 6 — Hearsay evidence

Part 7 — Sentencing: general

Part 8 — Life sentences

Part 9 — Alteration of penalties for summary offences

Part 10 — Jury service

Part 11 — Repeals relating to amendments of Part 5 of Police Act 1997

Part 12 — Miscellaneous

SCHEDULE 38

Sentencing of offenders aged 18 but under 21

1

If any provision of Part 12 (“the relevant provision”) is to come into force before the day on which section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life, etc.) comes into force (or fully into force) the provision that may be made by order under section 333(1) includes provision modifying the relevant provision with respect to sentences passed, or other things done, at any time before section 61 of that Act comes into force (or fully into force).

Sentencing guidelines

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug treatment and testing orders

4

A drug treatment and testing order made under section 52 of the Powers of Criminal Courts (Sentencing) Act 2000 before the repeal of that section by this Act is in force (or fully in force) need not include the provision referred to in subsection (6) of section 54 of that Act (periodic review by court) if the treatment and testing period (as defined by section 52(1) of that Act) is less than 12 months.

Drug testing as part of supervision of young offenders after release

5

• (1) Until the coming into force of the repeal by this Act of section 65 of the Criminal Justice Act 1991 (c. 53) (supervision of young offenders after release), that section has effect subject to the following modifications.

• (2) In subsection (5B)—

• (a) in paragraph (a), for “18 years” there is substituted “ 14 years ”,

• (b) for paragraph (b) there is substituted—

(b) a responsible officer is of the opinion— (i) that the offender has a propensity to misuse specified Class A drugs, and (ii) that the misuse by the offender of any specified Class A drug caused or contributed to any offence of which he has been convicted, or is likely to cause or contribute to the commission by him of further offences; and

.

• (3) After subsection (5D) there is inserted—

(5E) A person under the age of 17 years may not be required by virtue of subsection (5A) to provide a sample otherwise than in the presence of an appropriate adult.

• (4) For subsection (10) there is substituted—

(10) In this section— “appropriate adult”, in relation to a person aged under 17, means— (a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, (b) a social worker of a local authority . . . , or (c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police; “responsible officer” means— (a) in relation to an offender aged under 18, an officer of a local probation board or a member of a youth offending team; (b) in relation to an offender aged 18 or over, an officer of a local probation board; “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).

Intermittent custody

6

If section 183 (intermittent custody) is to come into force for any purpose before the commencement of the repeal by this Act of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (which imposes a general limit on the power of a magistrates' court to impose imprisonment), the provision that may be made by order under section 333(1) includes provision modifying any period or number of days specified in section 183 with respect to sentences passed by magistrates' courts before the commencement of that repeal.

Transfer to Scotland of community orders and suspended sentence orders

7

• (1) Until the coming into force of the repeal by the Mental Health (Care and Treatment) (Scotland) Act 2003 of the Mental Health (Scotland) Act 1984 (c. 36), in the provisions mentioned in sub-paragraph (2) the reference to the Mental Health (Care and Treatment) (Scotland) Act 2003 has effect as a reference to the Mental Health (Scotland) Act 1984.

• (2) Those provisions are—

• (a) paragraph 2(4) of Schedule 9 (transfer of community orders to scotland or Northern Ireland), and

• (b) paragraph 4 of Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland).

Extension of powers to stop and search

Arrestable offences

Use of telephones for review of police detention

Limits on period of detention without charge

Offences committed on bail

Grant and conditions of bail

Absconding by persons released on bail

Appeals to High Court

Appeal by prosecution

Drug users: restriction on bail

Interpretation of Part 2

The five requirements

The five requirements

23A

• (1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

• (2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

• (3) The amount that may be prescribed in respect of any offence (other than one to which subsection (4A) applies) must not exceed—

• (a) one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or

• (b) £250,

whichever is the lower.

• (4) The Secretary of State may by order amend subsection (3) by—

• (a) substituting a different fraction in paragraph (a);

• (b) substituting a different figure in paragraph (b).

• (4A) In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).

• (5) Where a financial penalty condition is attached to a conditional caution, the condition must specify—

• (a) the amount of the penalty,

• (b) the person to whom the financial penalty is to be paid and how it may be paid.