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“unpaid work requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 181; | |
“youth offending team” means a team established under section 39 of the | |
Crime and Disorder Act 1998 (c. 37). | 5 |
(2) For the purposes of any provision of this Part which requires the determination | |
of the age of a person by the court or the Secretary of State, his age is to be taken | |
to be that which it appears to the court or (as the case may be) the Secretary of | |
State to be after considering any available evidence. | |
(3) Any reference in this Part to an offence punishable with imprisonment is to be | 10 |
read without regard to any prohibition or restriction imposed by or under any | |
Act on the imprisonment of young offenders. | |
(4) For the purposes of this Part— | |
(a) a sentence falls to be imposed under subsection (2) of section 51A of the | |
Firearms Act 1968 (c. 27) if it is required by that subsection and the | 15 |
court is not of the opinion there mentioned, | |
(b) a sentence falls to be imposed under section 110(2) or 111(2) of the | |
Sentencing Act if it is required by that provision and the court is not of | |
the opinion there mentioned, | |
(c) a sentence falls to be imposed under section 207 or 209 if, because the | 20 |
court is of the opinion mentioned in subsection (1)(b) of that section, the | |
court is obliged to pass a sentence complying with that section, | |
(d) a sentence falls to be imposed under section 208 if, because the court is | |
of the opinion mentioned in subsection (1)(b) of that section and | |
considers that the case falls within subsection (2) or (3) of that section, | 25 |
the court is obliged to pass a sentence complying with that section, and | |
(e) a sentence falls to be imposed under section 210 if, because the court is | |
of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section, | |
the court is obliged to pass a sentence complying with that section. | |
282 Duty of probation officers to consult with magistrates | 30 |
It shall be the duty of the chief officer of each probation area— | |
(a) to establish consultation arrangements with local magistrates’ courts | |
committees and local communities, | |
(b) to assist the probation service in the performance of its duties of | |
reducing offending, and | 35 |
(c) to supervise offenders in the community. | |
Part 12 | |
Miscellaneous | |
Detention of suspected terrorists | |
283 Limit on period of detention without charge of suspected terrorists | 40 |
(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (detention) is amended as follows. | |
(2) At the beginning of paragraph 29(3) (duration of warrants of further detention) | |
there is inserted “Subject to paragraph 36(3A),”. | |
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(3) In sub-paragraph (3) of paragraph 36 (extension of warrants)— | |
(a) at the beginning there is inserted “Subject to sub-paragraph (3A),”, and | |
(b) for the words from “beginning” onwards there is substituted | |
“beginning with the relevant time”. | |
(4) After that sub-paragraph there is inserted— | 5 |
“(3A) Where the period specified in a warrant of further detention— | |
(a) ends at the end of the period of seven days beginning with | |
the relevant time, or | |
(b) by virtue of a previous extension (or further extension) under | |
this sub-paragraph, ends after the end of that period, | 10 |
the specified period may, on an application under this paragraph, be | |
extended or further extended to a period ending not later than the | |
end of the period of fourteen days beginning with the relevant time. | |
(3B) In this paragraph “the relevant time”, in relation to a person, | |
means— | 15 |
(a) the time of his arrest under section 41, or | |
(b) if he was being detained under Schedule 7 when he was | |
arrested under section 41, the time when his examination | |
under that Schedule began.” | |
Enforcement of legislation on endangered species | 20 |
284 Enforcement of regulations implementing Community legislation on | |
endangered species | |
(1) In this section— | |
“the 1972 Act” means the European Communities Act 1972 (c. 68); | |
“relevant Community instrument” means— | 25 |
(a) Council Regulation 338/97/EC on the protection of species of | |
wild fauna and flora by regulating the trade therein, and | |
(b) Commission Regulation 1808/01/EC on the implementation of | |
the Council Regulation mentioned in paragraph (a). | |
(2) Regulations made under section 2(2) of the 1972 Act for the purpose of | 30 |
implementing any relevant Community instrument may, notwithstanding | |
paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on | |
conviction on indictment with imprisonment for a term not exceeding five | |
years. | |
(3) In relation to Scotland and Northern Ireland, regulations made under section | 35 |
2(2) of the 1972 Act for the purpose of implementing any relevant Community | |
instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 | |
Act, create offences punishable on summary conviction with imprisonment for | |
a term not exceeding six months. | |
(4) In Scotland, a constable may arrest without a warrant a person— | 40 |
(a) who has committed or attempted to commit an offence under | |
regulations made under section 2(2) of the 1972 Act for the purpose of | |
implementing any relevant Community instrument, or | |
(b) whom he has reasonable grounds for suspecting to have committed or | |
to have attempted to commit such an offence. | 45 |
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(5) Until the coming into force of paragraph 3 of Schedule 25 (which amends | |
paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect— | |
(a) with the omission of the words “in relation to Scotland and Northern | |
Ireland”, and | |
(b) as if, in relation to England and Wales, the definition of “relevant | 5 |
Community instrument” also included Council Directive 92/43/EEC | |
on the conservation of natural habitats and wild fauna and flora as | |
amended by the Act of Accession to the European Union of Austria, | |
Finland and Sweden and by Council Directive 97/62/EC. | |
(6) Any reference in this section to a Community instrument is to be read— | 10 |
(a) as a reference to that instrument as amended from time to time, and | |
(b) where any provision of that instrument has been repealed, as including | |
a reference to any instrument that re-enacts the repealed provision | |
(with or without amendment). | |
Miscellaneous provisions about criminal proceedings | 15 |
285 Non-appearance of defendant: plea of guilty | |
In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of | |
accused: plea of guilty) subsection (1)(a)(i) (which excludes offences | |
punishable with imprisonment for term exceeding 3 months) is omitted. | |
286 Preparatory hearings for serious offences not involving fraud | 20 |
In section 29 of the Criminal Procedure and Investigations Act 1996 (c. 25) | |
(power to order preparatory hearings) in subsection (1) (preparatory hearing | |
may be held in complex or lengthy trial) after “complexity” there is inserted “a | |
case of such seriousness”. | |
287 Preparatory hearings to deal with severance and joinder of charges | 25 |
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the | |
purposes of preparatory hearings in fraud cases) after paragraph (d) there is | |
inserted “or | |
“(e) considering questions as to the severance or joinder of charges.” | |
(2) In section 9(3) of that Act (determinations as to the admissibility of evidence | 30 |
etc) after paragraph (c) there is inserted “and | |
(d) any question as to the severance or joinder of charges.” | |
(3) In section 9(11) of that Act (appeals against orders or rulings under section | |
9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”. | |
(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (c. 25) | 35 |
(purposes of preparatory hearings in non-fraud cases) after paragraph (d) | |
there is inserted— | |
“(e) considering questions as to the severance or joinder of | |
charges,”. | |
(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after | 40 |
paragraph (b) there is inserted— | |
“(c) any question as to the severance or joinder of charges.” | |
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288 Reporting restrictions for preparatory hearings | |
(1) The Criminal Justice Act 1987 is amended as follows. | |
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | |
(3) In section 11A (offences in connection with reporting) after subsection (3) there | 5 |
is inserted— | |
“(3A) Proceedings for an offence under this section shall not be instituted in | |
Northern Ireland otherwise than by or with the consent of the Attorney | |
General for Northern Ireland.” | |
(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “sections 11 | 10 |
and 11A;”. | |
(5) The Criminal Procedure and Investigations Act 1996 is amended as follows. | |
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | |
(7) In section 38 (offences in connection with reporting) after subsection (3) there | 15 |
is inserted— | |
“(3A) Proceedings for an offence under this section shall not be instituted in | |
Northern Ireland otherwise than by or with the consent of the Attorney | |
General for Northern Ireland.” | |
(8) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for “Great | 20 |
Britain” there is substituted “the United Kingdom”. | |
(9) In section 79(3) (extent) after “Parts III” there is inserted “(other than sections | |
37 and 38)”. | |
(10) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted. | |
289 Awards of costs | 25 |
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows. | |
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal | |
Justice Act 1987 (c. 38) may be met out of central funds) after “1987” there is | |
inserted “or section 35(1) of the Criminal Procedure and Investigations Act | |
1996”. | 30 |
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal | |
under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) | |
there is inserted “or | |
(d) an appeal or application for leave to appeal under section 35(1) | |
of the Criminal Procedure and Investigations Act 1996.” | 35 |
290 Extension of investigations by Criminal Cases Review Commission in | |
England and Wales | |
(1) Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order | |
investigations by Criminal Cases Review Commission) is amended as follows. | |
(2) In subsection (1) after “conviction” there is inserted “or an application for leave | 40 |
to appeal against conviction,”. | |
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(3) In paragraph (a) of that subsection— | |
(a) at the beginning there is inserted “in the case of an appeal,”, and | |
(b) for “case”, in both places where it occurs, there is substituted “appeal”. | |
(4) After paragraph (a) of that subsection there is inserted— | |
“(aa) in the case of an application for leave to appeal, the matter is | 5 |
relevant to the determination of the application and ought, if | |
possible, to be resolved before the application is determined;”. | |
(5) After that subsection there is inserted— | |
“(1A) A direction under subsection (1) above may not be given by a single | |
judge, notwithstanding that, in the case of an application for leave to | 10 |
appeal, the application may be determined by a single judge as | |
provided for by section 31 of this Act.” | |
(6) 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.” | 15 |
291 Extension of investigations by Criminal Cases Review Commission in | |
Northern Ireland | |
(1) Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power | |
to order investigations by Criminal Cases Review Commission) is amended as | |
follows. | 20 |
(2) In subsection (1) after “conviction” there is inserted “or an application for leave | |
to appeal against conviction,”. | |
(3) In paragraph (a) of that subsection— | |
(a) at the beginning there is inserted “in the case of an appeal,”, and | |
(b) for “case”, in both places where it occurs, there is substituted “appeal”. | 25 |
(4) After paragraph (a) of that subsection there is inserted— | |
“(aa) in the case of an application for leave to appeal, the matter is | |
relevant to the determination of the application and ought, if | |
possible, to be resolved before the application is determined;”. | |
(5) After that subsection there is inserted— | 30 |
“(1A) A direction under subsection (1) above may not be given by a single | |
judge, notwithstanding that, in the case of an application for leave to | |
appeal, the application may be determined by a single judge as | |
provided for by section 45 below.” | |
(6) After subsection (4) there is inserted— | 35 |
“(5) In this section “respondent” includes a person who will be a respondent | |
if leave to appeal is granted.” | |
292 Appeals following reference by Criminal Cases Review Commission | |
(1) Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about | |
references by Criminal Cases Review Commission) is amended as follows. | 40 |
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(2) After subsection (4) there is inserted— | |
“(4A) Subject to subsection (4B), where a reference under section 9 or 10 is | |
treated as an appeal against any conviction, verdict, finding or | |
sentence, the appeal may not be on any ground which is not related to | |
any reason given by the Commission for making the reference. | 5 |
(4B) The Court of Appeal may give leave for an appeal mentioned in | |
subsection (4A) to be on a ground relating to the conviction, verdict, | |
finding or sentence which is not related to any reason given by the | |
Commission for making the reference.” | |
(3) In subsection (5) for “any of sections 9 to” there is substituted “section 11 or”. | 10 |
293 Power to substitute conviction of alternative offence on appeal in England | |
and Wales | |
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows. | |
(2) In section 3 (power to substitute conviction of alternative offence) in subsection | |
(1) after “an offence” there is inserted “to which he did not plead guilty”. | 15 |
(3) After section 3 there is inserted— | |
“3A Power to substitute conviction of alternative offence after guilty plea | |
(1) This section applies on an appeal against conviction where— | |
(a) an appellant has been convicted of an offence to which he | |
pleaded guilty, | 20 |
(b) if he had not so pleaded, he could on the indictment have | |
pleaded, or been found, guilty of some other offence, and | |
(c) it appears to the Court of Appeal that the plea of guilty indicates | |
an admission by the appellant of facts which prove him guilty | |
of the other offence. | 25 |
(2) The Court of Appeal may, instead of allowing or dismissing the appeal, | |
substitute for the appellant’s plea of guilty a plea of guilty of the other | |
offence and pass such sentence in substitution for the sentence passed | |
at the trial as may be authorised by law for the other offence, not being | |
a sentence of greater severity.” | 30 |
294 Power to substitute conviction of alternative offence on appeal in Northern | |
Ireland | |
(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows. | |
(2) In section 3 (power to substitute conviction of alternative offence) in subsection | |
(1) after “an offence” there is inserted “to which he did not plead guilty”. | 35 |
(3) After section 3 there is inserted— | |
“3A Power to substitute conviction of alternative offence after guilty plea | |
(1) This section applies where— | |
(a) an appellant has been convicted of an offence to which he | |
pleaded guilty, | 40 |
(b) if he had not so pleaded, he could on the indictment have | |
pleaded, or been found, guilty of some other offence, and | |
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(c) it appears to the Court of Appeal that the plea of guilty indicates | |
an admission by the appellant of facts which prove him guilty | |
of that other offence. | |
(2) The Court may, instead of allowing or dismissing the appeal, substitute | |
for the appellant’s plea of guilty a plea of guilty of that other offence | 5 |
and pass such sentence in substitution for the sentence passed at the | |
trial as may be warranted in law by the plea so substituted.” | |
295 Substitution of conviction on different charge on appeal from court-martial | |
(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows. | |
(2) In section 14 (substitution of conviction on different charge) in subsection (1) | 10 |
after “an offence” there is inserted “to which he did not plead guilty”. | |
(3) After section 14 there is inserted— | |
“14A Substitution of conviction on different charge after guilty plea | |
(1) This section applies where— | |
(a) an appellant has been convicted of an offence to which he | 15 |
pleaded guilty, | |
(b) if he had not so pleaded, he could lawfully have pleaded, or | |
been found, guilty of some other offence, and | |
(c) it appears to the Appeal Court on an appeal against conviction | |
that the plea of guilty indicates an admission by the appellant of | 20 |
facts which prove him guilty of that other offence. | |
(2) The Appeal Court may, instead of allowing or dismissing the appeal, | |
substitute for the appellant’s plea of guilty a plea of guilty of the other | |
offence, and may pass on the appellant, in substitution for the sentence | |
passed on him by the court-martial, such sentence as they think proper, | 25 |
being a sentence warranted by the relevant Service Act for that other | |
offence, but not a sentence of greater severity.” | |
296 Appeals against sentences in England and Wales | |
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows. | |
(2) In section 10 (appeal against sentence in certain cases) for subsection (3) there | 30 |
is substituted— | |
“(3) An offender dealt with for an offence before the Crown Court in a | |
proceeding to which subsection (2) of this section applies may appeal | |
to the Court of Appeal against any sentence passed on him for the | |
offence by the Crown Court.” | 35 |
(3) In section 11 (supplementary provisions as to appeal against sentence) after | |
subsection (6) there is inserted— | |
“(7) For the purposes of this section, any two or more sentences are to be | |
treated as passed in the same proceeding if— | |
(a) they are passed on the same day; or | 40 |
(b) they are passed on different days but the court in passing any | |
one of them states that it is treating that one together with the | |
other or others as substantially one sentence.” | |
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