Office of Public Sector Information
PART II continued
(1) Where a person on whom a requirement is imposed under section 17 notifies the Commission that any information contained in any document or other material to which the requirement relates is not to be disclosed by the Commission without his prior consent, the Commission shall not disclose the information without such consent.
(2) Such consent may not be withheld unless—
(a) (apart from section 17) the person would have been prevented by any obligation of secrecy or other limitation on disclosure from disclosing the information to the Commission, and
(b) it is reasonable for the person to withhold his consent to disclosure of the information by the Commission.
(3) An obligation of secrecy or other limitation on disclosure which applies to a person only where disclosure is not authorised by another person shall not be taken for the purposes of subsection (2)(a) to prevent the disclosure by the person of information to the Commission unless—
(a) reasonable steps have been taken to obtain the authorisation of the other person, or
(b) such authorisation could not reasonably be expected to be obtained.
(1) Section 142 of the [1980 c. 43.] Magistrates' Courts Act 1980 (power of magistrates' courts to re-open cases to rectify mistakes etc.) shall be amended as follows.
(2) In subsection (1) (power, subject to subsection (4), to vary or rescind a sentence or other order), for the words from the beginning to “offender;” substitute “A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so;”.
(3) After that subsection insert—
“(1A) The power conferred on a magistrates' court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—
(a) the Crown Court has determined an appeal against—
(i) that sentence or order;
(ii) the conviction in respect of which that sentence or order was imposed or made; or
(iii) any other sentence or order imposed or made by the magistrates' court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or
(b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.”
(4) In subsection (2) (power, subject to subsection (4), to direct that a person’s case be re-heard by different justices where he pleaded not guilty or the court proceeded in his absence)—
(a) for the words from “found guilty” to “section 11(1) above,” substitute “convicted by a magistrates' court”, and
(b) omit “, subject to subsection (4) below,”.
(5) After that subsection insert—
“(2A) The power conferred on a magistrates' court by subsection (2) above shall not be exercisable in relation to a conviction if—
(a) the Crown Court has determined an appeal against—
(i) the conviction; or
(ii) any sentence or order imposed or made by the magistrates' court when dealing with the offender in respect of the conviction; or
(b) the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.”
(6) In subsection (3) (effect of directions under subsection (2)), for “finding of guilty” substitute “conviction”.
(7) Omit subsection (4) (powers in subsections (1) and (2) to be exercisable only within 28 days of making of sentence or order or finding of guilty and only by a similarly constituted court).
After Article 158 of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981 insert—
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.
(2) The power conferred on a magistrates' court by paragraph (1) shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—
(a) the county court has determined an appeal against—
(i) that sentence or order;
(ii) the conviction in respect of which that sentence or order was imposed or made; or
(iii) any other sentence or order imposed or made by the magistrates' court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or
(b) the Court of Appeal has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.
(3) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by another resident magistrate or another justice of the peace (as the case may be), the court may so direct.
(4) The power conferred on a magistrates' court by paragraph (3) shall not be exercisable in relation to a conviction if—
(a) the county court has determined an appeal against—
(i) the conviction; or
(ii) any sentence or order imposed or made by the magistrates' court when dealing with the offender in respect of the conviction; or
(b) the Court of Appeal has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.
(5) Where a court gives a direction under paragraph (3)—
(a) the conviction and any sentence or other order imposed or made in consequence of it shall be of no effect; and
(b) Article 47 shall apply as if the trial of the person in question had been adjourned.
(6) Where a sentence or order is varied under paragraph (1), the sentence or other order, as so varied, shall take effect from the beginning of the day on which it was originally imposed or made, unless the court otherwise directs.”
In section 133 of the [1988 c. 33.] Criminal Justice Act 1988 (compensation for miscarriages of justice), after subsection (4) insert—
“(4A) In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—
(a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;
(b) the conduct of the investigation and prosecution of the offence; and
(c) any other convictions of the person and any punishment resulting from them.”
Criminal Appeal Act 1995