Office of Public Sector Information
PART XI continued
The following paragraph shall be inserted after paragraph 9 (decisions as to grant or refusal of bail) of Part I of Schedule 1 to the [1976 c. 63.] Bail Act 1976—
“9A (1) If—
(a) the defendant is charged with an offence to which this paragraph applies; and
(b) representations are made as to any of the matters mentioned in paragraph 2 of this Part of this Schedule; and
(c) the court decides to grant him bail,
the court shall state the reasons for its decision and shall cause those reasons to be included in the record of the proceedings.
(2) The offences to which this paragraph applies are—
(a) murder;
(b) manslaughter;
(c) rape;
(d) attempted murder; and
(e) attempted rape.”.
The following new Part shall be inserted after Part II of Schedule 1 to the Bail Act 1976—
1 If the court decides not to grant the defendant bail, it is the court’s duty to consider, at each subsequent hearing while the defendant is a person to whom section 4 above applies and remains in custody, whether he ought to be granted bail.
2 At the first hearing after that at which the court decided not to grant the defendant bail he may support an application for bail with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
3 At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.”.
(1) The following section shall be inserted after section 128 of the [1980 c. 43.] Magistrates' Courts Act 1980—
(1) The Secretary of State may by order made by statutory instrument provide that this section shall have effect—
(a) in an area specified in the order; or
(b) in proceedings of a description so specified,
in relation to any accused person (“the accused”) who has attained the age of 17.
(2) A magistrates' court may remand the accused in custody for a period exceeding 8 clear days if—
(a) it has previously remanded him in custody for the same offence; and
(b) he is before the court,
but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—
(i) for a period ending not later than that date; or
(ii) for a period of 28 clear days,
whichever is the less.
(3) Nothing in this section affects the right of the accused to apply for bail during the period of the remand.
(4) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.”.
(2) After paragraph 9A of Schedule 1 to the [1976 c. 63.] Bail Act 1976 there shall be inserted—
9B Where the court is considering exercising the power conferred by section 128A of the Magistrates' Courts Act 1980 (power to remand in custody for more than 8 clear days), it shall have regard to the total length of time which the accused would spend in custody if it were to exercise the power.”.
In paragraph (a) of section 48(2) of the [1981 c. 54.] Supreme Court Act 1981 (which sets out the powers of the Crown Court on the termination of the hearing of an appeal) for the words “the decision appealed against” there shall be substituted the words “any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence”.
The following section shall be substituted for section 20 of the [1968 c. 19.] Criminal Appeal Act 1968—
If it appears to the registrar that a notice of appeal or application for leave to appeal does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court for summary determination; and where the case is so referred the Court may, if they consider that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal or application for leave summarily, without calling on anyone to attend the hearing or to appear for the Crown thereon.”.
(1) The [1976 c. 82.] Sexual Offences (Amendment) Act 1976 shall be amended as follows.
(2) The following subsections shall be substituted for subsection (1) of section 4 (anonymity of complainants in rape etc. cases)—
“(1) Except as authorised by a direction given in pursuance of this section—
(a) after an allegation that a woman has been the victim of a rape offence has been made by the woman or by any other person, neither the woman’s name nor her address nor a still or moving picture of her shall during her lifetime—
(i) be published in England and Wales in a written publication available to the public; or
(ii) be broadcast or included in a cable programme in England and Wales,
if that is likely to lead members of the public to identify her as an alleged victim of such an offence; and
(b) after a person is accused of a rape offence, no matter likely to lead members of the public to identify a woman as the complainant in relation to that accusation shall during her lifetime—
(i) be published in England and Wales in a written publication available to the public; or
(ii) be broadcast or included in a cable programme in England and Wales;
but nothing in this subsection prohibits the publication or broadcasting or inclusion in a cable programme of matter consisting only of a report of criminal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with the offence.
(1A) In subsection (1) above “picture” includes a likeness however produced.”.
(3) The following subsections shall be inserted after subsection (5) of that section—
“(5A) Where a person is charged with an offence under subsection (5) of this section in respect of the publication or broadcast of any matter or the inclusion of any matter in a cable programme, it shall be a defence, subject to subsection (5B) below, to prove that the publication, broadcast or cable programme in which the matter appeared was one in respect of which the woman had given written consent to the appearance of matter of that description.
(5B) Written consent is not a defence if it is proved that any person interfered unreasonably with the woman’s peace or comfort with intent to obtain the consent.”.
(4) In subsection (3) of that section—
(a) the words “before the Crown Court at which a person is charged with a rape offence” and “relating to the complainant” shall cease to have effect; and
(b) for the words “an acquittal of a defendant at” there shall be substituted the words “the outcome of”.
(5) Section 6 (anonymity of defendants in rape etc. cases) shall cease to have effect.
(6) In section 7(2), in the definition of a “rape offence”, for the words “and incitement to rape” there shall be substituted the words, “incitement to rape, conspiracy to rape and burglary with intent to rape”.
(1) A person aggrieved may appeal to the Court of Appeal, if that court grants leave, against—
(a) an order under section 4 or 11 of the [1981 c. 49.] Contempt of Court Act 1981 made in relation to a trial on indictment;
(b) any order restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial; and
(c) any order restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings;
and the decision of the Court of Appeal shall be final.
(2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this section shall be construed as references to that division.
(3) On an application for leave to appeal under this section a judge shall have power to give such directions as appear to him to be appropriate and, without prejudice to the generality of this subsection, power—
(a) to order the production in court of any transcript or note of proceedings or other document;
(b) to give directions as to persons who are to be parties to the appeal or who may be parties to it if they wish and as to service of documents on any person;
and the Court of Appeal shall have the same powers as the single judge.
(4) Subject to Rules of Court made by virtue of subsection (6) below, any party to an appeal under this section may give evidence before the Court of Appeal orally or in writing.
(5) On the hearing of an appeal under this section the Court of Appeal shall have power—
(a) to stay any proceedings in any other court until after the appeal is disposed of;
(b) to confirm, reverse or vary the order complained of; and
(c) to make such order as to costs as it thinks fit.
(6) Without prejudice to the generality of section 84 of the [1981 c. 54.] Supreme Court Act 1981, Rules of Court may make in relation to trials satisfying specified conditions special provision as to the practice and procedure to be followed in relation to hearings in camera and appeals from orders for such hearings and may in particular, but without prejudice to the generality of this subsection, provide that subsection (4) above shall not have effect.
(7) In the application of this section to Northern Ireland—
(a) subsection (2) shall be omitted; and
(b) the reference in subsection (6) to section 84 of the Supreme Court Act 1981 shall be construed as a reference to sections 52 and 55 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978.
(1) It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
(2) Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove—
(a) that he had a legitimate reason for having the photograph in his possession; or
(b) that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
(c) that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3) A person shall be liable on summary conviction of an offence under this section to a fine not exceeding level 5 on the standard scale.
(4) Sections 1(3), 2(3), 3 and 7 of the [1978 c. 37.] Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.
(5) Possession before this section comes into force is not an offence.
(1) The following section shall be inserted after section 52 of the [1982 c. 45.] Civic Government (Scotland) Act 1982—
(1) It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
(2) Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
(a) that he had a legitimate reason for having the photograph in his possession; or
(b) that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
(c) that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
(3) A person shall be liable on summary conviction of an offence under this section to a fine not exceeding level 5 on the standard scale.
(4) Subsections (2) and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.”.
(2) Section 52A of that Act shall not have effect in relation to anything done before it comes into force.
The following section shall be inserted after section 16 of the [1984 c. 39.] Video Recordings Act 1984—
(1) The functions of a local weights and measures authority include the enforcement in their area of this Act.
(2) The following provisions of the [1968 c. 29.] Trade Descriptions Act 1968 apply in relation to the enforcement of this Act by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized under s. 28).
(3) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to initiate proceedings for an offence.
(4) Subsection (1) above does not apply in relation to the enforcement of this Act in Northern Ireland, but the functions of the Department of Economic Development include the enforcement of this Act in Northern Ireland.
For that purpose the provisions of the [1968 c. 29.] Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(5) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if the provisions of this Act were contained in that Act and as if the functions of any person in relation to the enforcement of this Act were functions under that Act.”.
The following subsection shall be added at the end of section 28 of the [1968 c. 60.] Theft Act 1968 —
“(7) An order may be made under this section in respect of money owed by the Crown.”.
(1) The Justices of the [1979 c. 55.] Peace Act 1979 shall be amended as follows.
(2) The following sections shall be inserted after section 24—
(1) Subject to the provisions of this and the next section, a magistrates' courts committee for an area mentioned in section 19(2) above other than the City of London may at any time submit to the Secretary of State a draft order altering the name of the petty sessions area for which they are the committee or, if they are the committee for more than one petty sessions area, the name of any of those areas.
(2) Subject to the provisions of this and the next following section, where such a committee submit a draft order to the Secretary of State under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.
(3) Any order under this section may contain transitional and other consequential provisions.
(1) Before submitting to the Secretary of State a draft order under section 24A of this Act, a magistrates' courts committee—
(a) shall consult the council of the non-metropolitan county, metropolitan district or outer London borough concerned and the magistrates of the petty sessions area to which their proposals relate; and
(b) after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.
(2) A magistrates' courts committee submitting to the Secretary of State a draft order under section 24A of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the Secretary of State, before making an order under that section otherwise than in accordance with a draft submitted to him by the magistrates' court committee, shall send a copy of his proposals to the committee, to the council of the non-metropolitan county, metropolitan district or outer London borough concerned and, if a non-metropolitan county is concerned, every interested authority.
(3) Before making any order under section 24A of this Act the Secretary of State shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.
(4) For the purposes of this section—
(a) “interested authority”, in relation to any order or draft order concerning a non-metropolitan county, means the council of any district in the county which is wholly or partly included in the area to which the order or draft order relates; and
(b) an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the Secretary of State, effect important alterations in the draft order.”.
(3) The following section shall be inserted after section 36—
(1) The committee of magistrates may at any time submit to the Secretary of State a draft order altering the name of any petty sessions area in the inner London area.
(2) Where the committee submit a draft order to the Secretary of State under this section, he may by statutory instrument make the order either in the terms of the draft or with such modifications as he thinks fit.
(3) Any order under this section may contain transitional and other consequential provisions.”.
(1) Section 37 of the Justices of the [1979 c. 55.] Peace Act 1979 shall be amended as follows.
(2) In paragraph (b) of subsection (1), after “such” insert “senior deputy chief clerks,”.
(3) At the end of that subsection add “and, where there is only one, designate him”.
(4) In subsection (3), after “clerks”, in the first place where it occurs, insert “senior deputy chief clerks”.
(1) Section 14 of the [1985 c. 23.] Prosecution of Offences Act 1985 (control of certain fees and expenses etc. paid by Crown Prosecution Service) shall be amended as follows—
(a) at the end of paragraph (b) of subsection (1) there shall be added the words “and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence”;
(b) the following subsections shall be inserted after that subsection—
“(1A) The power conferred on the Attorney General by subsection (1)(b) above only relates to the costs and expenses of an interpreter if the interpreter is required because of the lack of English of a person attending to give evidence at the instance of the Service.
(1B) In subsection (1)(b) above “attending” means attending at the court or elsewhere.”; and
(c) the following subsection shall be inserted after subsection (2)—
“(3) Regulations made under subsection (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.”.
(2) In paragraph (a) of section 19(3) of that Act (regulations as to payment out of central funds) after the word “proceedings” there shall be inserted the words “, and any other person who in the opinion of the court necessarily attends for the purpose of the proceedings otherwise than to give evidence,”.
(3) The following subsection shall be inserted after that subsection—
“(3A) In subsection (3)(a) above “attendance” means attendance at the court or elsewhere.”.
(4) The amendments made by subsections (2) and (3) above shall be deemed to have come into force on 1st October 1986.
(5) In Schedule 1 to the [1987 c. 38.] Criminal Justice Act 1987 (control of certain fees and expenses etc. paid by Serious Fraud Office)—
(a) in sub-paragraph (1)(b) of paragraph 8, for the word “to” in the third place it occurs there shall be substituted the word “of”; and
(b) the following sub-paragraph shall be inserted after sub-paragraph (4) of that paragraph—
“(5) In sub-paragraph (1)(b) above “attends” means attends at the court or elsewhere.”
The power to purchase land conferred on the Secretary of State by section 36 of the [1952 c. 52.] Prison Act 1952 (acquisition of land for prisons) shall include and be deemed always to have included power to purchase easements and other rights over land, including easements and other rights not previously in existence.
Criminal Justice Act 1988