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(5) the magistrates’ court could deal with him if it had just convicted | |
him of the offence. | |
(6) Where the court commits a person under subsection (2) above, | |
section 6 below (which enables a magistrates’ court, where it | |
commits a person under this section in respect of an offence, also to | 5 |
commit him to the Crown Court to be dealt with in respect of certain | |
other offences) shall apply accordingly. | |
(7) Section 4(7) above applies for the purposes of this section as it applies | |
for the purposes of that section.” | |
23 For section 5 (power of Crown Court on committal for sentence under | 10 |
sections 3 and 4) there is substituted— | |
“5 Power of Crown Court on committal for sentence under sections 3, 3A | |
and 4 | |
(1) Where an offender is committed by a magistrates’ court for sentence | |
under section 3, 3A or 4 above, the Crown Court shall inquire into the | 15 |
circumstances of the case and may deal with the offender in any way | |
in which it could deal with him if he had just been convicted of the | |
offence on indictment before the court. | |
(2) In relation to committals under section 4 above, subsection (1) above | |
has effect subject to section 4(4) and (5) above. | 20 |
(3) Section 20A(1) of the Magistrates’ Courts Act 1980 (which relates to | |
the effect of an indication of sentence under section 20 of that Act) | |
shall not apply in respect of any specified offence (within the | |
meaning of section 204 of the Criminal Justice Act 2003)— | |
(a) in respect of which the offender is committed under section | 25 |
3A(2) above; or | |
(b) in respect of which— | |
(i) the offender is committed under section 4(2) above; | |
and | |
(ii) the court states under section 4(4) above that, in its | 30 |
opinion, it also has power to commit the offender | |
under section 3A(2) above.” | |
24 After section 5 there is inserted— | |
“5A Power of Crown Court on committal for sentence under sections 3B, | |
3C and 4A | 35 |
(1) Where an offender is committed by a magistrates’ court for sentence | |
under section 3B, 3C or 4A above, the Crown Court shall inquire into | |
the circumstances of the case and may deal with the offender in any | |
way in which it could deal with him if he had just been convicted of | |
the offence on indictment before the court. | 40 |
(2) In relation to committals under section 4A above, subsection (1) | |
above has effect subject to section 4A(4) and (5) above.” | |
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25 In section 6 (committal for sentence in certain cases where offender | |
committed in respect of another offence), in subsection (4)(b), for “3 and 4” | |
there is substituted “3 to 4A”. | |
Schedule 4 | |
Section 62 | |
Qualifying offences for purposes of Part 10 | 5 |
Part 1 | |
List of offences | |
Offences Against the Person | |
Murder | |
1 Murder. | 10 |
Attempted murder | |
2 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of | |
attempting to commit murder. | |
Soliciting Murder | |
3 An offence under section 4 of the Offences against the Person Act 1861 | 15 |
(c. 100). | |
Manslaughter | |
4 Manslaughter. | |
Wounding or causing grievous bodily harm with intent | |
5 An offence under section 18 of the Offences against the Person Act 1861 | 20 |
(c. 100). | |
Kidnapping | |
6 Kidnapping. | |
Sexual Offences | |
Rape | 25 |
7 An offence under section 1 of the Sexual Offences Act 1956 (c. 69). | |
Attempted rape | |
8 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of | |
attempting to commit an offence under section 1 of the Sexual Offences Act | |
1956. | 30 |
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Intercourse with a girl under thirteen | |
9 An offence under section 5 of the Sexual Offences Act 1956 (c. 69). | |
Incest by a man with a girl under thirteen | |
10 An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to | |
have been committed with a girl under thirteen. | 5 |
Drugs Offences | |
Unlawful importation of Class A drug | |
11 An offence under section 50(2) of the Customs and Excise Management Act | |
1979 (c. 2) alleged to have been committed in respect of a Class A drug (as | |
defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)). | 10 |
Unlawful exportation of Class A drug | |
12 An offence under section 68(2) of the Customs and Excise Management Act | |
1979 (c. 2) alleged to have been committed in respect of a Class A drug (as | |
defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)). | |
Producing or being concerned in production of Class A drug | 15 |
13 An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged | |
to have been committed in relation to a Class A drug (as defined by section | |
2 of that Act). | |
Supplying or offering to supply Class A drug | |
14 An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged | 20 |
to have been committed in relation to a Class A drug (as defined by section | |
2 of that Act). | |
Theft Offences | |
Robbery | |
15 An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged | 25 |
that, at some time during the commission of the offence, the defendant had | |
in his possession a firearm or imitation firearm (as defined by section 57 of | |
the Firearms Act 1968 (c. 27)). | |
Criminal Damage Offences | |
Arson endangering life | 30 |
16 An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) | |
alleged to have been committed by destroying or damaging property by fire. | |
Causing explosion likely to endanger life or property | |
17 An offence under section 2 of the Explosive Substances Act 1883 (c. 3). | |
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Intent or conspiracy to cause explosion likely to endanger life or property | |
18 An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3). | |
War Crimes and Terrorism | |
Genocide, crimes against humanity and war crimes | |
19 An offence under section 51 or 52 of the International Criminal Court Act | 5 |
2001 (c. 17). | |
Grave breaches of the Geneva Conventions | |
20 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52). | |
Directing terrorist organisation | |
21 An offence under section 56 of the Terrorism Act 2000 (c. 11). | 10 |
Hostage-taking | |
22 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28). | |
Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security | |
Hijacking of aircraft | |
23 An offence under section 1 of the Aviation Security Act 1982 (c. 36). | 15 |
Destroying, damaging or endangering the safety of an aircraft | |
24 An offence under section 2 of the Aviation Security Act 1982 (c. 36). | |
Hijacking of ships | |
25 An offence under section 9 of the Aviation and Maritime Security Act 1990 | |
(c. 31). | 20 |
Seizing or exercising control of fixed platforms | |
26 An offence under section 10 of the Aviation and Maritime Security Act 1990 | |
(c. 31). | |
Destroying ships or fixed platforms or endangering their safety | |
27 An offence under section 11 of the Aviation and Maritime Security Act 1990 | 25 |
(c. 31). | |
Hijacking of Channel Tunnel trains | |
28 An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I. | |
1994/570). | |
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Seizing or exercising control of the Channel Tunnel system | |
29 An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I. | |
1994/570). | |
Conspiracy | |
Conspiracy | 5 |
30 An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy | |
to commit an offence listed in this Schedule. | |
Part 2 | |
Supplementary | |
31 A reference in this Schedule to an offence includes a reference to an offence | 10 |
of aiding, abetting, counselling or procuring the commission of the offence. | |
32 A reference in this Schedule to an enactment includes a reference to the | |
enactment as enacted and as amended from time to time. | |
Schedule 5 | |
Section 97 | |
Evidence of bad character: armed forces | 15 |
1 Sections 81 to 90, 93, 94 and 96, in so far as they are not applied in relation to | |
proceedings before service courts by provision contained in or made under | |
any other Act, have effect in relation to such proceedings (whether in the | |
United Kingdom or elsewhere) as they have effect in relation to criminal | |
proceedings. | 20 |
2 (1) Section 91 has effect in relation to proceedings before courts-martial | |
(whether in the United Kingdom or elsewhere) with the following | |
modifications. | |
(2) In subsection (1)— | |
(a) for “judge and jury” substitute “court-martial”; | 25 |
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”; | |
(c) for the words after paragraph (b) substitute “the judge advocate | |
must either direct the court to acquit the defendant of the offence or, | |
if he considers that there ought to be a retrial, dissolve the court.” | |
(3) In subsection (2)— | 30 |
(a) for “jury” substitute “court”; | |
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”. | |
(4) In subsection (3)— | |
(a) for paragraph (a) substitute— | |
“(a) a court is required to determine under section 115B(2) | 35 |
of the Army Act 1955, section 115B(2) of the Air Force | |
Act 1955 or section 62B(2) of the Naval Discipline Act | |
1957 whether a person charged with an offence did | |
the act or made the omission charged,”; | |
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(b) for “the court is satisfied” substitute “the judge advocate is satisfied”; | |
(c) for the words after paragraph (c) substitute “the judge advocate must | |
either direct the court to acquit the defendant of the offence or, if he | |
considers that there ought to be a rehearing, dissolve the court.” | |
(5) For subsection (4) substitute— | 5 |
“(4) This section does not prejudice any other power a judge advocate | |
may have to direct a court to acquit a person of an offence or to | |
dissolve a court.” | |
3 Section 94, as it applies in relation to proceedings before service courts, has | |
effect with the substitution of the following for subsection (1)— | 10 |
“(1) Where the court makes a relevant ruling— | |
(a) it must state in open court (but, in the case of a ruling by a | |
judge advocate, in the absence of the other members of the | |
court) its reasons for the ruling; | |
(b) if it is a Standing Civilian Court, it must cause the ruling and | 15 |
the reasons for it to be entered in the note of the court’s | |
proceedings.” | |
4 Section 95 has effect as if, in subsection (7), the definition of “rules of court” | |
included rules regulating the practice and procedure of service courts. | |
5 (1) In this Schedule, and in section 91 as applied by this Schedule, “court- | 20 |
martial” means a court-martial constituted under the Army Act 1955 | |
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval | |
Discipline Act 1957 (c. 53). | |
(2) In this Schedule “service court” means— | |
(a) a court-martial; | 25 |
(b) a summary appeal court constituted under section 83ZA of the Army | |
Act 1955 (3 & 4 Eliz. 2 c. 18), section 83ZA of the Air Force Act 1955 | |
(3 & 4 Eliz. 2 c. 19) or section 52FF of the Naval Discipline Act 1957 | |
(c. 53); | |
(c) the Courts-Martial Appeal Court; | 30 |
(d) a Standing Civilian Court. | |
Schedule 6 | |
Section 119 | |
Hearsay evidence: armed forces | |
Application to proceedings before service courts | |
1 Sections 98 to 105, 107, 108, 110, 111 to 113 and 116 to 118, in so far as they | 35 |
are not applied in relation to proceedings before service courts by provision | |
contained in or made under any other Act, have effect in relation to such | |
proceedings (whether in the United Kingdom or elsewhere) as they have | |
effect in relation to criminal proceedings. | |
2 (1) In their application to such proceedings those sections have effect with the | 40 |
following modifications. | |
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(2) In section 100(2)(c) for “United Kingdom” substitute “country where the | |
court is sitting”. | |
(3) In section 101 insert after subsection (7)— | |
“(8) In subsection (4) “criminal proceedings” includes summary | |
proceedings under section 76B of the Army Act 1955, section 76B of | 5 |
the Air Force Act 1955 or section 52D of the Naval Discipline Act | |
1957; and the definition of “criminal proceedings” in section 118(1) | |
has effect accordingly.” | |
(4) In section 111, for subsection (7) substitute— | |
“(7) The appropriate rules are those regulating the practice and | 10 |
procedure of service courts.” | |
(5) In section 117(10), at the end of the definition of “rules of court” insert— | |
“(d) rules regulating the practice and procedure of service | |
courts.” | |
(6) In section 118 insert after subsection (1)— | 15 |
“(1A) In this Part “criminal investigation” includes any investigation | |
which may lead— | |
(a) to proceedings before a court-martial or Standing Civilian | |
Court, or | |
(b) to summary proceedings under section 76B of the Army Act | 20 |
1955, section 76B of the Air Force Act 1955 or section 52D of | |
the Naval Discipline Act 1957.” | |
3 (1) Section 106 has effect in relation to proceedings before courts-martial | |
(whether in the United Kingdom or elsewhere) with the following | |
modifications. | 25 |
(2) In subsection (1) for “judge and jury” substitute “court-martial”. | |
(3) In subsection (2)— | |
(a) for “jury when they retire to consider their” substitute “court when it | |
retires to consider its”. | |
(b) for “the court” in paragraph (a) substitute “the judge advocate”; | 30 |
(c) for “the jury” in paragraph (b) substitute “the court”. | |
4 (1) Section 109 has effect in relation to proceedings before courts-martial | |
(whether in the United Kingdom or elsewhere) with the following | |
modifications. | |
(2) In subsection (1)— | 35 |
(a) for “judge and jury” substitute “court-martial”; | |
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”; | |
(c) for the words after paragraph (b) substitute “the judge advocate | |
must either direct the court to acquit the defendant of the offence or, | |
if he considers that there ought to be a retrial, dissolve the court.” | 40 |
(3) In subsection (2)— | |
(a) for “jury” substitute “court”; | |
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”. | |
(4) In subsection (3)— | |
(a) for paragraph (a) substitute— | 45 |
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