SCHEDULES
SCHEDULE 1 Assessors of Compensation for Miscarriages of Justice
F71
A person may only be appointed to be an assessor for the purposes of section 10 of this Act if he is—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the M1Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;
d
a person who holds or has held judicial office in any part of the United Kingdom; or
e
a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
2
A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
3
A person shall vacate office as an assessor—
a
if he ceases to be qualified for appointment as an assessor, or
b
on attaining the age of 72,
unless the Secretary of State considers that it is in the interests of the efficient operation of section 10 of this Act that he should continue to hold office.
4
A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
5
Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
a
he has been convicted of a criminal offence;
b
he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract;
c
he is incapacitated by physical or mental illness; or
d
he is otherwise unable or unfit to perform his duties.
F66
1
The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.
2
In the case of a person who qualifies for appointment under—
a
paragraph (1)(a), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
3
In the case of a person who qualifies for appointment under—
a
paragraph (1)(b), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
4
In the case of a person who qualifies for appointment under—
a
paragraph (1)(c), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.
7
An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
I11 SCHEDULE 2 Minor and Consequential Amendments
Removal of offender to United Kingdom before confirmation of sentence
I11
F9In section 71AA(2) of each of the 1955 Acts (young service offenders: custodial orders) and in section 127(2) of each of those Acts (country in which sentence of imprisonment or detention to be served) the words “after the confirmation of the sentence is completed ” shall be omitted.
Power to impose imprisonment for default in payment of fines
I22
F10In section 71B of each of the 1955 Acts and in section 43B of the 1957 Act (power to impose imprisonment for default in payment of fines), in subsection (2) (which refers to the Table in section 31(3A) of the Powers of Criminal Courts Act 1973) for the words from “from time to time ” to “the Magistrates’ Courts Act 1980 ” there shall be substituted “for the time being in force ”.
Evidence of child of tender years
F13
1
In section 93 of each of the 1955 Acts (administration of oaths)—
a
in the proviso to subsection (2) (which relates to the evidence of a child of tender years and the corroboration thereof) the words from “so however ” to the end of the proviso shall be omitted; and
b
after subsection (2) there shall be inserted the following subsection—
2A
Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.
2
In section 60 of the 1957 Act (administration of oaths)—
a
the proviso to subsection (3) (which relates to the corroboration of evidence given by a child of tender years) shall be omitted; and
b
after that subsection there shall be inserted the following subsection—
3A
Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.
Rules of evidence
I34
F81
In section 99 of each of the 1955 Acts (rules of evidence), in subsection (1) after the words “subject to section 99A below ” there shall be inserted “to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.
2
In the M2Armed Forces Act 1976, in Schedule 3 (Standing Civilian Courts), in paragraph 11 (rules of evidence) after the words “paragraph 12 below ” there shall be inserted “and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.
Finality of trials
I45
F81
Each of the 1955 Acts shall be amended in accordance with the following provisions of this paragraph.
2
In section 133 (jurisdiction of civil courts), in subsection (1) for the words “an offence substantially the same as that offence ” there shall be substituted “the same, or substantially the same offence ”.
3
In section 134 (persons not to be tried under those Acts for offences already disposed of), in subsection (1) for the words “that offence ” there shall be substituted “the same, or substantially the same offence ”.
Enactments requiring fiat of Attorney General etc. in connection with proceedings
I56
F81
In section 204A of each of the 1955 Acts (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than subsections (1) and (3) of section 132) for the words “subsections (1) and (3) ” there shall be substituted “subsection (3A) ”.
2
In section 129A of the 1957 Act (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than section 52(3)(b)) for the words “section 52(3)(b) ” there shall be substituted “section 52(3) ”.
Recognizance by parent or guardian on conviction of civilian under 17
I6C17
F8In Schedule 4A to the 1957 Act (powers of court on trial of civilian) in paragraph 14(1) (order requiring parent or guardian to enter into a recognizance in respect of person under 17 found guilty of an offence) for the amount specified as the maximum amount of the recognizance there shall be substituted “£1,000 ”.
Power of Courts-Martial Appeal Court to order retrial
I7C28
In section 19 of the M3Courts-Martial (Appeals) Act 1968 (power to authorise retrial in certain cases), in subsection (1) the words from “the appeal against conviction ” to “and ” shall be omitted.
Compensation orders
I89
F21
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F32
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F43
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4
In Schedule 7 to the Criminal Justice Act 1988 (compensation payable by Criminal Injuries Compensation Board), in paragraph 13 (reduction of compensation by reference to damages etc.) at the end of sub-paragraph (b) there shall be inserted—
or
c
any order under paragraph 11 (compensation orders) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or
d
any award of stoppages under any of the Acts referred to in sub-paragraph (c) above
Powers of Standing Civilian Courts
I910
Removal or amendment of spent or obsolete expressions
I1011
F121
In section 131 of each of the 1955 Acts (trial and punishment of service offences notwithstanding offender ceasing to be subject to military or air-force law), in subsection (1) the word “reconsideration ” shall be omitted.
2
In section 145 of each of the 1955 Acts (forfeiture of pay for absence from duty), in subsection (1), in paragraph (b)—
a
the words “corrective training, preventive detention ” shall be omitted; and
b
for the words from “an order or sentence ” to the end of the paragraph there shall be substituted—
i
an order or sentence of a civil court;
ii
a revocation of a licence under section 62 of the Criminal Justice Act 1967; or
iii
an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.
3
In the 1957 Act, in section 129 (jurisdiction of civil courts), in subsection (2) the words “corrective training, preventive detention ” shall be omitted.
F54
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I12SCHEDULE 3 Enactments Repealed
Sch. 3 wholly in force; the repeal of s. 1 of the Armed Forces Act 1986 (c. 21, SIF 7:1) came into force at 01.01.1992, see s. 27(4); further provisions in force at 1.1.1992 by S.I. 1991/2719, art. 2, Sch.; the remaining provisions in force at 1.6.1996 by S.I. 1996/1173, art. 2 (with savings in art. 3)
Chapter | Short title | Extent of repeal |
|---|---|---|
28 & 29 Vict. c. 73. | The Naval and Marine Pay and Pensions Act 1865. | Sections 4 and 5. |
10 & 11 Geo. 6 c. 24. | The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. | In section 1 subsections (3) and (5).Section 2. |
3 & 4 Eliz. 2 c. 18. | The Army Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 216(4).In section 225(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
3 & 4 Eliz. 2 c. 19. | The Air Force Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 214(4).In section 223(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
5 & 6 Eliz. 2 c. 53. | The Naval Discipline Act 1957. | Section 43A(1B)(a).In section 43AA, in subsection (1) the words “subject to subsection (1A) below ” and subsection (1A).In section 60 the proviso to subsection (3).Section 125(3).In section 129(2) the words “corrective training, preventive detention ”.In Schedule 4A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
1968 c. 20. | The Courts-Martial (Appeals) Act 1968. | In section 8(1A)(a), “6 ” and the words “reception orders ”.In section 19(1) the words from “the appeal against conviction ” to “and ”. |
1974 c. 53. | The Rehabilitation of Offenders Act 1974. | Section 5(5)(h). |
S.I. 1978/1908 (N.I. 27). | The Rehabilitation of Offenders (Northern Ireland) Order 1978. | Article 6(5)(d). |
1980 c. 9. | The Reserve Forces Act 1980. | In Schedule 6 paragraph 1(7A). |
1981 c. 55. | The Armed Forces Act 1981. | Section 14. |
1982 c. 14. | The Reserve Forces Act 1982. | In section 2 subsections (4) and (5). |
1986 c. 21. | The Armed Forces Act 1986. | Section 1. Section 13.In Schedule 1, in paragraph 12 sub-paragraphs (3) and (5). |
1989 c. 41. | The Children Act 1989. | In Schedule 12 paragraphs 8, 10 and 18.In Schedule 14 paragraph 15(1)(b) and, in paragraph 16, in sub-paragraph (1) the words “or (b) ”, sub-paragraph (2)(b) and the word “or ” immediately preceding it and sub-paragraph (3). |
Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2