Office of Public Sector Information
SCHEDULE 36 continued PART 4 continued
67 In section 31(4)(b) (the preparatory hearing) for “the jury” there is substituted “a jury”.
68 (1) Section 34 (later stages of trial) is amended as follows.
(2) In subsection (2) after “jury” there is inserted “or, in the case of a trial without a jury, the judge”.
(3) In subsection (3) for “deciding whether to give leave” there is substituted “doing anything under subsection (2) or in deciding whether to do anything under it”.
(4) In subsection (4) for “Except as provided by this section” there is substituted “Except as provided by this section, in the case of a trial with a jury”.
69 In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.
70 In section 36(2) (appeals to House of Lords) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.
71 (1) Section 39 (meaning of pre-trial hearing) is amended as follows.
(2) In subsection (3)—
(a) for “when a jury is sworn” there is substituted “at the time when a jury is sworn”,
(b) for “a jury is sworn” there is substituted “the time when a jury is sworn”.
(3) After that subsection there is inserted—
“(4) The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”
72 (1) Schedule 4 (modifications for Northern Ireland) is amended as follows.
(2) In paragraph 15 after the substituted version of section 39(2) there is inserted—
“(2A) But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.”
(3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—
(a) for “when a jury is sworn” there is substituted “at the time when a jury is sworn”, and
(b) for “a jury is sworn” there is substituted “the time when a jury is sworn”.
(4) After paragraph 15 there is inserted—
“15A In section 39(4) for “(3)” substitute “(3)(b)”.”
73 In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for “a jury properly to convict him” there is substituted “him to be properly convicted”.
74 The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
75 In section 32 (warning to jury) after “indictment” there is inserted “with a jury”.
76 In section 39(1) (warning to jury) after “indictment” there is inserted “with a jury”.
77 In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (general interpretation) after “finding” there is inserted “otherwise than in circumstances where the proceedings are continued without a jury”.
78 In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after “finding” there is inserted “otherwise than in circumstances where the proceedings are continued without a jury”.
79 In section 6 of the Criminal Procedure Act 1865 (witness’s conviction for offence may be proved if not admitted)—
(a) for “A witness may be” there is substituted “If, upon a witness being lawfully”;
(b) the words “and upon being so questioned, if” are omitted.
80 In section 1 of the Criminal Evidence Act 1898 (defendant as witness)—
(a) at the beginning of subsection (2) there is inserted “Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character),”;
(b) subsection (3) is omitted.
81 In section 99(1) of the Army Act 1955 (rules of evidence) after “courts-martial etc)” there is inserted “to Schedules 6 and 7 to the Criminal Justice Act 2003”.
82 In section 99(1) of the Air Force Act 1955 (rules of evidence) after “courts-martial etc)” there is inserted “to Schedules 6 and 7 to the Criminal Justice Act 2003”.
83 In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after “courts-martial etc)” there is inserted “to Schedules 6 and 7 to the Criminal Justice Act 2003”.
84 In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of evidence) after “paragraph 12 below” there is inserted “to Schedules 6 and 7 to the Criminal Justice Act 2003”.
85 (1) Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
(2) In subsection (1) (commission of offence by non-defendant) for the words from “, where to do so” to “committed that offence” there is substituted “that that person committed that offence, where evidence of his having done so is admissible”.
(3) In subsection (3) (commission of offence by defendant) the words from “in so far” to “he is charged,” are omitted.
86 The Criminal Appeal Act 1968 is amended as follows.
87 In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
“(aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;”.
88 In section 31A (powers of Court of Appeal exercisable by registrar) 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.”
89 In section 45 (construction of references to Court of Appeal)—
(a) in subsection (1), for “section 44A” there is substituted “sections 44A and 51”,
(b) in subsection (2) after “sections” there is inserted “23A,”.
90 (1) Section 51 (interpretation) is amended as follows.
(2) In subsection (1) the definition of “the defendant” is omitted.
(3) After that subsection there is inserted—
“(1A) In Part 2 of this Act “the defendant”—
(a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal,
(b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and
(c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act;
and, subject to section 33(1A) of this Act, “prosecutor” shall be construed accordingly.”
91 The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.
92 (1) Section 19 (legal aid) is amended as follows.
(2) In subsection (1) after “an appeal” there is inserted “under this Part of this Act”.
(3) In subsection (1A) for “for the purpose” there is substituted “in respect”.
(4) In subsection (1A)(a)—
(a) the words “application for leave to” are omitted, and
(b) after “hearings)” there is inserted “or section 47 of the Criminal Justice Act 2003”.
(5) For subsection (1A)(b) there is substituted—
“(b) any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or
(c) an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.”
(6) After subsection (1A) there is inserted—
“(1B) The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.”
(7) In subsection (3) for “an appellant” there is substituted “a person”.
93 (1) Section 28 (costs) is amended as follows.
(2) In subsection (2)(a) for “this Part” there is substituted “section 19(1)”.
(3) After subsection (2) there is inserted—
“(2AA) The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.”
(4) In subsection (2A) after “(2)(a)” there is inserted “or (2AA)”.
(5) In subsection (2G)—
(a) after “(2)(a)” there is inserted “or (2AA)”, and
(b) for “subsection (2)” there is substituted “subsections (2) and (2AA)”.
94 For section 31(3) (definition of defendant and prosecutor) there is substituted—
“(3) In this Part of this Act “the defendant”—
(a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;
(b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;
(c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;
and, subject to subsection (1A) above, “prosecutor” shall be construed accordingly.”
95 In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
“(3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court.”
96 In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
(a) in subsection (3), for “10” there is substituted “11”,
(b) in subsection (9)(b), for “10 and 35(1)” there is substituted “11 and 35(1)”.
97 In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for “case”, in both places where it occurs, there is substituted “appeal or application for leave to appeal”.
98 In section 159 of the Powers of Criminal Courts (Sentencing) Act 2000 (execution of process between England and Wales and Scotland), for “paragraph 3(2) of Schedule 1” there is substituted “paragraph 3(2) or 9C(2) of Schedule 1”.
Criminal Justice Act 2003