|
| |
| |
Conspiracy | |
Conspiracy | |
62 An offence under Article 9 of the Criminal Attempts and Conspiracy | |
(Northern Ireland) Order 1983 of conspiracy to commit an offence listed in | |
this Part of this Schedule. | 5 |
Part 3 | |
Supplementary | |
63 A reference in this Schedule to an offence includes a reference to an offence | |
of aiding, abetting, counselling or procuring the commission of the offence. | |
64 A reference in this Schedule to an enactment includes a reference to the | 10 |
enactment as enacted and as amended from time to time. | |
Schedule 5 | |
Section 97 | |
Evidence of bad character: armed forces | |
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 | 15 |
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 Section 86, as it applies in relation to proceedings before service courts, has | |
effect with the substitution in subsection (1)(a) of “charge sheet” for “written | 20 |
charge or indictment”. | |
3 (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)— | 25 |
(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.” | 30 |
(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— | 35 |
“(a) a court is required to determine under section 115B(2) | |
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,”; | 40 |
| |
| |
|
| |
| |
(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.” | |
4 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 proceedings before a court-martial, in the | |
absence of the other members of the court) its reasons for the | |
ruling; | 15 |
(b) if it is a Standing Civilian Court, it must cause the ruling and | |
the reasons for it to be entered in the note of the court’s | |
proceedings.” | |
5 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. | 20 |
6 (1) In this Schedule, and in section 91 as applied by this Schedule, “court- | |
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— | 25 |
(a) a court-martial; | |
(b) a summary appeal court constituted under section 83ZA of the Army | |
Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of | |
the Naval Discipline Act 1957; | |
(c) the Courts-Martial Appeal Court; | 30 |
(d) a Standing Civilian Court. | |
Schedule 6 | |
Section 118 | |
Hearsay evidence: armed forces | |
Application to proceedings before service courts | |
1 Sections 107 to 104, 106, 107, 109, 110 to 112 and 116 to 117, 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. | |
| |
| |
|
| |
| |
(2) In section 99(2)(c) for “United Kingdom” substitute “country where the court | |
is sitting”. | |
(3) In section 100 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 117(1) | |
has effect accordingly.” | |
(4) In section 106(4) for paragraph (a) substitute— | |
“(a) in the case of proceedings before a court-martial, proceedings | 10 |
held for the determination of the issue must take place before | |
the judge advocate in the absence of the other members of the | |
court;”. | |
(5) In section 110, for subsection (7) substitute— | |
“(7) The appropriate rules are those regulating the practice and | 15 |
procedure of service courts.” | |
(6) In section 115(10), at the end of the definition of “rules of court” insert— | |
“(d) rules regulating the practice and procedure of service | |
courts.” | |
(7) In section 117 insert after subsection (1)— | 20 |
“(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 | 25 |
1955, section 76B of the Air Force Act 1955 or section 52D of | |
the Naval Discipline Act 1957.” | |
3 (1) Section 105 has effect in relation to proceedings before courts-martial | |
(whether in the United Kingdom or elsewhere) with the following | |
modifications. | 30 |
(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”; | 35 |
(c) for “the jury” in paragraph (b) substitute “the court”. | |
4 (1) Section 108 has effect in relation to proceedings before courts-martial | |
(whether in the United Kingdom or elsewhere) with the following | |
modifications. | |
(2) In subsection (1)— | 40 |
(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.” | 45 |
(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— | |
“(a) a court is required to determine under section 115B(2) | 5 |
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,”; | |
(b) for “the court is satisfied” substitute “the judge advocate is satisfied”; | 10 |
(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 rehearing, dissolve the court.” | |
(5) For subsection (4) substitute— | |
“(4) This section does not prejudice any other power a judge advocate | 15 |
may have to direct a court to acquit a person of an offence or to | |
dissolve a court.” | |
Amendments | |
5 For paragraph 1 of Schedule 1 to the Courts-Martial (Appeals) Act 1968 | |
(c. 20) (use at retrial under Naval Discipline Act 1957 of record of evidence | 20 |
given at original trial) substitute— | |
“1 Evidence given at the retrial of any person under section 19 of this | |
Act shall be given orally if it was given orally at the original trial, | |
unless— | |
(a) section 99 of the Criminal Justice Act 2003 applies | 25 |
(admissibility of hearsay evidence where a witness is | |
unavailable); or | |
(b) the witness is unavailable to give evidence, otherwise than | |
as mentioned in subsection (2) of that section, and section | |
107(1)(d) of that Act applies (admission of hearsay | 30 |
evidence under residual discretion).” | |
6 For paragraph 3 of that Schedule (use at retrial under Army Act 1955 of | |
record of evidence given at original trial) substitute— | |
“3 Evidence given at the retrial of any person under section 19 of this | |
Act shall be given orally if it was given orally at the original trial, | 35 |
unless— | |
(a) section 99 of the Criminal Justice Act 2003 applies | |
(admissibility of hearsay evidence where a witness is | |
unavailable); or | |
(b) the witness is unavailable to give evidence, otherwise than | 40 |
as mentioned in subsection (2) of that section, and section | |
107(1)(d) of that Act applies (admission of hearsay | |
evidence under residual discretion).” | |
7 For paragraph 5 of that Schedule (use at retrial under Air Force Act 1955 of | |
| |
| |
|
| |
| |
record of evidence given at original trial) substitute— | |
“5 Evidence given at the retrial of any person under section 19 of this | |
Act shall be given orally if it was given orally at the original trial, | |
unless— | |
(a) section 99 of the Criminal Justice Act 2003 applies | 5 |
(admissibility of hearsay evidence where a witness is | |
unavailable); or | |
(b) the witness is unavailable to give evidence, otherwise than | |
as mentioned in subsection (2) of that section, and section | |
107(1)(d) of that Act applies (admission of hearsay | 10 |
evidence under residual discretion).” | |
Interpretation | |
8 In this Schedule, and in any provision of this Part as applied by this | |
Schedule— | |
“court-martial” means a court-martial constituted under the Army Act | 15 |
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); | |
“service court” means— | |
(a) a court-martial; | |
(b) a summary appeal court constituted under section 83ZA of | 20 |
the Army Act 1955, section 83ZA of the Air Force Act 1955 or | |
section 52FF of the Naval Discipline Act 1957; | |
(c) the Courts-Martial Appeal Court; | |
(d) a Standing Civilian Court. | |
Schedule 7 | 25 |
Section 161 | |
Breach, revocation or amendment of community order | |
Part 1 | |
Preliminary | |
Interpretation | |
1 In this Schedule— | 30 |
“the offender”, in relation to a community order, means the person in | |
respect of whom the order is made; | |
“the petty sessions area concerned”, in relation to a community order, | |
means the petty sessions area for the time being specified in the | |
order; | 35 |
“the responsible officer” has the meaning given by section 179. | |
2 In this Schedule— | |
(a) references to a drug rehabilitation requirement of a community | |
order being subject to review are references to that requirement | |
being subject to review in accordance with section 192(1)(b); | 40 |
| |
| |
|
| |
| |
(b) references to the court responsible for a community order imposing | |
a drug rehabilitation requirement which is subject to review are to be | |
construed in accordance with section 192(4). | |
3 For the purposes of this Schedule— | |
(a) a requirement falling within any paragraph of section 159(1) is of the | 5 |
same kind as any other requirement falling within that paragraph, | |
and | |
(b) an electronic monitoring requirement is a requirement of the same | |
kind as any requirement falling within section 159(1) to which it | |
relates. | 10 |
Orders made on appeal | |
4 Where a community order has been made on appeal, it is to be taken for the | |
purposes of this Schedule to have been made by the Crown Court. | |
Part 2 | |
Breach of requirement of order | 15 |
Duty to give warning | |
5 (1) If the responsible officer is of the opinion that the offender has failed without | |
reasonable excuse to comply with any of the requirements of a community | |
order, the officer must give him a warning under this paragraph unless— | |
(a) the offender has within the previous twelve months been given a | 20 |
warning under this paragraph in relation to a failure to comply with | |
any of the requirements of the order, or | |
(b) the officer causes an information to be laid before a justice of the | |
peace in respect of the failure. | |
(2) A warning under this paragraph must— | 25 |
(a) describe the circumstances of the failure, | |
(b) state that the failure is unacceptable, and | |
(c) inform the offender that if within the next twelve months he again | |
fails to comply with any requirement of the order, he will be liable to | |
be brought before a court. | 30 |
(3) The responsible officer must, as soon as practicable after the warning has | |
been given, record that fact. | |
(4) In relation to any community order which was made by the Crown Court | |
and does not include a direction that any failure to comply with the | |
requirements of the order is to be dealt with by a magistrates’ court, the | 35 |
reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a | |
reference to the Crown Court. | |
Breach of order after warning | |
6 (1) If— | |
(a) the responsible officer has given a warning under paragraph 5 to the | 40 |
offender in respect of a community order, and | |
(b) at any time within the twelve months beginning with the date on | |
which the warning was given, the responsible officer is of the | |
| |
| |
|
| |
| |
opinion that the offender has since that date failed without | |
reasonable excuse to comply with any of the requirements of the | |
order, | |
the officer must cause an information to be laid before a justice of the peace | |
in respect of the failure in question. | 5 |
(2) In relation to any community order which was made by the Crown Court | |
and does not include a direction that any failure to comply with the | |
requirements of the order is to be dealt with by a magistrates’ court, the | |
reference in sub-paragraph (1) to a justice of the peace is to be read as a | |
reference to the Crown Court. | 10 |
Issue of summons or warrant by justice of the peace | |
7 (1) This paragraph applies to— | |
(a) a community order made by a magistrates’ court, or | |
(b) any community order which was made by the Crown Court and | |
includes a direction that any failure to comply with the requirements | 15 |
of the order is to be dealt with by a magistrates’ court. | |
(2) If at any time while a community order to which this paragraph applies is in | |
force it appears on information to a justice of the peace acting for the petty | |
sessions area concerned that the offender has failed to comply with any of | |
the requirements of the order, the justice may— | 20 |
(a) issue a summons requiring the offender to appear at the place and | |
time specified in it, or | |
(b) if the information is in writing and on oath, issue a warrant for his | |
arrest. | |
(3) Any summons or warrant issued under this paragraph must direct the | 25 |
offender to appear or be brought— | |
(a) in the case of a community order imposing a drug rehabilitation | |
requirement which is subject to review, before the magistrates’ court | |
responsible for the order, or | |
(b) in any other case, before a magistrates’ court acting for the petty | 30 |
sessions area concerned. | |
(4) Where a summons issued under sub-paragraph (2)(a) requires the offender | |
to appear before a magistrates’ court and the offender does not appear in | |
answer to the summons, the magistrates’ court may issue a warrant for the | |
arrest of the offender. | 35 |
Issue of summons or warrant by Crown Court | |
8 (1) This paragraph applies to a community order made by the Crown Court | |
which does not include a direction that any failure to comply with the | |
requirements of the order is to be dealt with by a magistrates’ court. | |
(2) If at any time while a community order to which this paragraph applies is in | 40 |
force it appears on information to the Crown Court that the offender has | |
failed to comply with any of the requirements of the order, the Crown Court | |
may— | |
(a) issue a summons requiring the offender to appear at the place and | |
time specified in it, or | 45 |
(b) if the information is in writing and on oath, issue a warrant for his | |
arrest. | |
| |
| |
|
