Criminal Justice Act 2003 (c. 44)

SCHEDULES

SCHEDULE 36 E+W Further minor and consequential amendments

Part 6 U.K. Miscellaneous

Criminal Appeal Act 1968 (c. 19) E+W

86 E+W The Criminal Appeal Act 1968 is amended as follows.

Commencement Information

I1 Sch. 36 para. 86 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

87 E+W 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;”.

Commencement Information

I2 Sch. 36 para. 87 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

88 E+W 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.”

Commencement Information

I3 Sch. 36 para. 88 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

89 E+W 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, ”.

Commencement Information

I4 Sch. 36 para. 89 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

90 (1) Section 51 (interpretation) is amended as follows. E+W

(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.”

Commencement Information

I5 Sch. 36 para. 90 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47) E+W

91 E+W The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

Commencement Information

I6 Sch. 36 para. 91 wholly in force at 8.1.2007; Sch. 36 para. 91 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 91 in force for certain purposes at 4.4.2005 and 18.5.2005 by S.I. 2005/950, arts. 2(1), 3, Sch. 1 para. 43(c); Sch. 36 para. 91 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2

92 (1) Section 19 (legal aid) is amended as follows. E+W

(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 ”.

Commencement Information

I7 Sch. 36 para. 91 wholly in force at 8.1.2007; Sch. 36 para. 91 not in force at Royal Assent, see s. 336(3); Sch. 36 para. 90(6) in force at 18.4.2005 by S.I. 2005/950, art. 3; Sch. 36 para. 91(1)-(5)(7) in force at 8.1.2007 by S.I. 2006/3422, art. 2

93 (1) Section 28 (costs) is amended as follows. E+W

(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 E+W 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 E+W 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.”

Commencement Information

I8 Sch. 36 para. 95 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

Criminal Justice Act 1988 (c. 33) E+W

96 E+W 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) ”.

Commencement Information

I9 Sch. 36 para. 96 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2)

Criminal Appeal Act 1995 (c. 35) E+W

97 E+W 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 ”.

Commencement Information

I10 Sch. 36 para. 97 wholly in force at 1.9.2004, see s. 336(3) and S.I. 2004/1629, art. 3(1)(2) (subject to art. 3(3)(4))

Prospective

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

F1 98 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 36 para. 98 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2