Ответная реплика Постоянного представителя Российской Федерации А.К.Лукашевича - В ответ на высказывания постпреда США по полицейскому насилию
In the Criminal Appeal Act 1968 (“the 1968 Act”), in section 1 (appeal against conviction), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
In the Criminal Appeal (Northern Ireland) Act 1980 (“the 1980 Act”), in section 1 (appeal against conviction subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “conviction” to the end substituteconviction—
In section 12 of the 1968 Act (appeal against verdict of not guilty by reason of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “against the verdict” to the end substituteagainst the verdict—
In section 12(1) of the 1980 Act (appeal against finding of not guilty on ground of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “against that finding” to the end substituteto the Court of Appeal against the finding—
In section 15 of the 1968 Act (appeal against finding of disability), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
In section 2 of the 1968 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal), including the proviso, substitute—
In section 2 of the 1980 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal is to allow or dismiss appeal), including the proviso, substitute—
In section 13 of the 1968 Act (disposal of appeal against verdict of not guilty by reason of insanity), for subsections (1) and (2) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—
In section 12 of the 1980 Act (appeal against finding of not guilty on ground of insanity), for subsections (2) and (3) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
In section 16 of the 1968 Act (disposal of appeal against finding of disability), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—
In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsections (3) and (4) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
Section 17 of the 1968 Act and section 14 of the 1980 Act (which provide for references by Secretary of State to Court of Appeal of cases tried on indictment) shall cease to have effect.
In section 23 of the 1968 Act (evidence)—
in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—,
for subsection (2) (duty to receive evidence in certain circumstances) substitute—, and
in subsection (3), after “any” insert “ evidence of a ”.
In section 25 of the 1980 Act (evidence)—
in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—,
for subsection (2) (duty to receive evidence in certain circumstances) substitute—, and
in subsection (3), after “any” insert “ evidence of a ”.
After section 23 of the 1968 Act insert—
After section 25 of the 1980 Act insert—
After section 31 of the 1968 Act insert—
Immediately before section 45 of the 1968 Act insert—
After section 47 of the 1980 Act insert—
There shall be a body corporate to be known as the Criminal Cases Review Commission.
The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown.
The Commission shall consist of not fewer than eleven members.
The members of the Commission shall be appointed by Her Majesty on the recommendation of the Prime Minister.
At least one third of the members of the Commission shall be persons who are legally qualified; and for this purpose a person is legally qualified if—
he has a ten year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990, or
he is a member of the Bar of Northern Ireland, or solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing.
At least two thirds of the members of the Commission shall be persons who appear to the Prime Minister to have knowledge or experience of any aspect of the criminal justice system and of them at least one shall be a person who appears to him to have knowledge or experience of any aspect of the criminal justice system in Northern Ireland; and for the purposes of this subsection the criminal justice system includes, in particular, the investigation of offences and the treatment of offenders.
Schedule 1 (further provisions with respect to the Commission) shall have effect.
Where a person has been convicted of an offence on indictment in England and Wales, the Commission—
may at any time refer the conviction to the Court of Appeal, and
(whether or not they refer the conviction) may at any time refer to the Court of Appeal any sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction.
A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under section1 of the 1968 Act against the conviction.
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction on an indictment shall be treated for all purposes as an appeal by the person under section9 of the 1968 Act against—
the sentence, and
any other sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction or any other conviction on the indictment.
On a reference under subsection (1) of a person’s conviction on an indictment the Commission may give notice to the Court of Appeal that any other conviction on the indictment which is specified in the notice is to be treated as referred to the Court of Appeal under subsection (1).
Where a verdict of not guilty by reason of insanity has been returned in England and Wales in the case of a person, the Commission may at any time refer the verdict to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section12 of the 1968 Act against the verdict.
Where in England and Wales there have been findings that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section15 of the 1968 Act against the finding or findings referred.
Where a person has been convicted of an offence on indictment in Northern Ireland, the Commission—
may at any time refer the conviction to the Court of Appeal, and
(whether or not they refer the conviction) may at any time refer to the Court of Appeal any sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction.
A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under section1 of the 1980 Act against the conviction.
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction on an indictment shall be treated for all purposes as an appeal by the person under section8 or 9 (as the case may be) of the 1980 Act against—
the sentence, and
any other sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings relating to, the conviction or any other conviction on the indictment.
On a reference under subsection (1) of a person’s conviction on an indictment the Commission may give notice to the Court of Appeal that any other conviction on the indictment which is specified in the notice is to be treated as referred to the Court of Appeal under subsection (1).
On a reference under subsection (1) the Court of Appeal may not pass any sentence more severe than that passed by the Crown Court.
Where a finding of not guilty on the ground of insanity has been recorded in Northern Ireland in the case of a person, the Commission may at any time refer the finding to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section12 of the 1980 Act against the finding.
Where in Northern Ireland there has been a finding that a person is unfit to be tried, the Commission may at any time refer the finding to the Court of Appeal; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 13A of the 1980 Act against the finding.
Where a person has been convicted of an offence by a magistrates’ court in England and Wales, the Commission—
may at any time refer the conviction to the Crown Court, and
(whether or not they refer the conviction) may at any time refer to the Crown Court any sentence imposed on, or in subsequent proceedings relating to, the conviction.
A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under section 108(1) of the Magistrates’ Courts Act 1980 against the conviction (whether or not he pleaded guilty).
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction shall be treated for all purposes as an appeal by the person under section 108(1) of the Magistrates’ Courts Act 1980 against—
the sentence, and
any other sentence imposed on, or in subsequent proceedings relating to, the conviction or any related conviction.
On a reference under subsection (1) of a person’s conviction the Commission may give notice to the Crown Court that any related conviction which is specified in the notice is to be treated as referred to the Crown Court under subsection (1).
For the purposes of this section convictions are related if they are convictions of the same person by the same court on the same day.
On a reference under this section the Crown Court may not award any punishment more severe than that awarded by the court whose decision is referred.
The Crown Court may grant bail to a person whose conviction or sentence has been referred under this section; and any time during which he is released on bail shall not count as part of any term of imprisonment or detention under his sentence.
Where a person has been convicted of an offence by a magistrates’ court in Northern Ireland, the Commission—
may at any time refer the conviction to a county court, and
(whether or not they refer the conviction) may at any time refer to a county court any sentence imposed on, or in subsequent proceedings relating to, the conviction.
A reference under subsection (1) of a person’s conviction shall be treated for all purposes as an appeal by the person under Article 140(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 against the conviction (whether or not he pleaded guilty).
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person’s conviction shall be treated for all purposes as an appeal by the person under Article 140(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 against—
the sentence, and
any other sentence imposed on, or in subsequent proceedings relating to, the conviction or any related conviction.
On a reference under subsection (1) of a person’s conviction the Commission may give notice to the county court that any related conviction which is specified in the notice is to be treated as referred to the county court under subsection (1).
For the purposes of this section convictions are related if they are convictions of the same person by the same court on the same day.
On a reference under this section a county court may not award any punishment more severe than that awarded by the court whose decision is referred.
The High Court may grant bail to a person whose conviction or sentence has been referred to a county court under this section; and any time during which he is released on bail shall not count as part of any term of imprisonment or detention under his sentence.
Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission—
may at any time refer the conviction to the Court Martial Appeal Court, and
(whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction.
Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).
A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.
On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1).
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—
the sentence, and
any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction.
A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—
the sentence, and
any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).
Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding.
Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred.
For the purposes of this section convictions are “related” if they are of the same person in the same proceedings.
A reference of a conviction, verdict, finding or sentence shall not be made under any of sections 9 to 12B unless—
the Commission consider that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld were the reference to be made,
the Commission so consider—
in the case of a conviction, verdict or finding, because of an argument, or evidence, not raised in the proceedings which led to it or on any appeal or application for leave to appeal against it, or
in the case of a sentence, because of an argument on a point of law, or information, not so raised, and
an appeal against the conviction, verdict, finding or sentence has been determined or leave to appeal against it has been refused.
Nothing in subsection (1)(b)(i) or (c) shall prevent the making of a reference if it appears to the Commission that there are exceptional circumstances which justify making it.
Where a person has been convicted of an offence by the Service Civilian Court, the Commission—
may at any time refer the conviction to the Court Martial; and
(whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction.
A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty).
A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against—
the sentence, and
any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction.
On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1).
On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court.
For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.
A reference of a conviction, verdict, finding or sentence may be made under any of sections 9 to 12B either after an application has been made by or on behalf of the person to whom it relates or without an application having been so made.
In considering whether to make a reference of a conviction, verdict, finding or sentence under any of sections 9 to 12B the Commission shall have regard to—
any application or representations made to the Commission by or on behalf of the person to whom it relates,
any other representations made to the Commission in relation to it, and
any other matters which appear to the Commission to be relevant.
In considering whether to make a reference under section 9, 10 or 12A the Commission may at any time refer any point on which they desire the assistance of the Court of Appeal or, as the case may be, of the Court Martial Appeal Court to that Court for the Court’s opinion on it; and on a reference under this subsection the court to which the reference is made shall consider the point referred and furnish the Commission with the Court’s opinion on the point.
Where the Commission make a reference under any of sections 9 to 12B the Commission shall—
give to the court to which the reference is made a statement of the Commission’s reasons for making the reference, and
send a copy of the statement to every person who appears to the Commission to be likely to be a party to any proceedings on the appeal arising from the reference.
Subject to subsection (4B), where a reference under section 9, 10 or 12A is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.
Where a reference under section 11, 12 or 12B is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may be on any ground relating to the conviction, verdict, finding or sentence (whether or not the ground is related to any reason given by the Commission for making the reference).
The Court of Appeal or, as the case may be, the Court Martial Appeal Court may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference.
In every case in which— the Commission shall give a statement of the reasons for their decision to the person who made the application.
an application has been made to the Commission by or on behalf of any person for the reference under any of sections 9 to 12B of any conviction, verdict, finding or sentence, but
the Commission decide not to make a reference of the conviction, verdict, finding or sentence,
Where a direction (a relevant direction) is given by the Court of Appeal under section 23A(1) of the 1968 Act or section 25A(1) of the 1980 Act or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, the Commission shall investigate the matter specified in the direction in such manner as the Commission think fit.
Where, in investigating a matter specified in such a direction, it appears to the Commission that— the Commission may also investigate the related matter.
another matter (a “related matter”) which is relevant to the determination of the appeal or application for leave to appeal by the relevant Court ought, if possible, to be resolved before the appeal or application for leave to appeal is determined by that Court, and
an investigation of the related matter is likely to result in the Court’s being able to resolve it,
The Commission shall—
keep the relevant Court informed as to the progress of the investigation of any matter specified in a relevant direction, and
if they decide to investigate any related matter, notify the relevant Court of their decision and keep the Court informed as to the progress of the investigation.
The Commission shall report to the relevant Court on the investigation of any matter specified in a relevant direction when— whichever happens first.
they complete the investigation of that matter and of any related matter investigated by them, or
they are directed to do so by the relevant Court,
A report under subsection (4) shall include details of any inquiries made by or for the Commission in the investigation of the matter specified in the direction or any related matter investigated by them.
Such a report shall be accompanied—
by any statements and opinions received by the Commission in the investigation of the matter specified in the direction or any related matter investigated by them, and
subject to subsection (7), by any reports so received.
Such a report need not be accompanied by any reports submitted to the Commission under section 20(6) by an investigating officer.
In this section “relevant Court”, in relation to a direction, means the court that gave the direction.
Where the Secretary of State refers to the Commission any matter which arises in the consideration of whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to a conviction and on which he desires their assistance, the Commission shall— and the Secretary of State shall, in considering whether so to recommend, treat the Commission’s statement as conclusive of the matter referred.
consider the matter referred, and
give to the Secretary of State a statement of their conclusions on it;
Where in any case the Commission are of the opinion that the Secretary of State should consider whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to the case they shall give him the reasons for their opinion.
Where the Minister in charge of the Department of Justice in Northern Ireland refers to the Commission any matter which arises in the consideration of whether Her Majesty’s prerogative of mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998 in relation to a conviction and on which the Minister desires the Commission’s assistance, the Commission shall— and for the purposes of the consideration of whether Her Majesty’s prerogative of mercy should be so exercised, the Commission’s statement shall be treated as conclusive of the matter referred.
consider the matter referred, and
give to the Minister a statement of their conclusions on it;
Where in any case the Commission are of the opinion that Her Majesty’s prerogative of mercy should be so exercised, they shall give the Minister reasons for their opinion.
In subsection (1) “conviction” includes a conviction by the Court Martial or the Service Civilian Court, and in subsection (2) “case” includes the case of such a conviction.
This section applies where the Commission believe that a person serving in a public body has possession or control of a document or other material which may assist the Commission in the exercise of any of their functions.
Where it is reasonable to do so, the Commission may require the person who is the appropriate person in relation to the public body— and may direct that person that the document or other material must not be destroyed, damaged or altered before the direction is withdrawn by the Commission.
to produce the document or other material to the Commission or to give the Commission access to it, and
to allow the Commission to take away the document or other material or to make and take away a copy of it in such form as they think appropriate,
The documents and other material covered by this section include, in particular, any document or other material obtained or created during any investigation or proceedings relating to—
the case in relation to which the Commission’s function is being or may be exercised, or
any other case which may be in any way connected with that case (whether or not any function of the Commission could be exercised in relation to that other case).
The duty to comply with a requirement under this section is not affected by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of an enactment) which would otherwise prevent the production of the document or other material to the Commission or the giving of access to it to the Commission.
Section 17 does not apply to any document or other material in the possession or control of a person serving in a government department if the document or other material—
is relevant to a case to which this subsection applies, and
is in the possession or control of the person in consequence of the Secretary of State’s consideration of the case.
Subsection (1) applies to a case if the Secretary of State—
is, immediately before the day on which the repeal by this Act of section 17 of the 1968 Act or of section 14 of the 1980 Act comes into force, considering the case with a view to deciding whether to make a reference under that section or whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to a conviction by a magistrates’ court, or
has at any earlier time considered the case with a view to deciding whether to make such a reference or whether so to recommend or
is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.
The Secretary of State shall give to the Commission any document or other material which— and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).
contains representations made to him in relation to any case to which this subsection applies, or
was received by him in connection with any such case otherwise than from a person serving in a government department,
Subsection (3) applies to a case if—
the Secretary of State is, immediately before the day on which the repeal by this Act of section 17 of the 1968 Act or of section 14 of the 1980 Act comes into force, considering the case with a view to deciding whether to make a reference under that section or whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to a conviction by a magistrates’ court, or
the Secretary of State has at any earlier time considered the case with a view to deciding whether to make such a reference, or whether so to recommend, and the Commission at any time notify him that they wish subsection (3) to apply to the case.
The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which— and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).
contains representations made to him in relation to any case to which this subsection applies, or
was received by him in connection with any such case otherwise than from a person serving in a government department,
Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).
The Crown Court may, on an application by the Commission, order a person to give the Commission access to a document or other material that is in the person's possession or control.
The court may make an order only if it thinks that the document or other material may assist the Commission in the exercise of any of their functions.
An order under this section may include provision about the manner in which access must be given, including provision allowing the Commission to take away a document or other material or make copies.
An order under this section may direct the person against whom it is made not to destroy, damage or alter the document or other material before the direction is withdrawn by the court.
An order under this section may not be made against a person on whom the Commission could impose a requirement under section 17 (person serving in a public body).
Subsections (3) and (4) of section 17 apply for the purposes of this section as they apply for the purposes of that section.
Where the Commission believe that inquiries should be made for assisting them in the exercise of any of their functions in relation to any case they may require the appointment of an investigating officer to carry out the inquiries.
Where any offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed—
on the person who is the appropriate person in relation to the public body, or
where the public body has ceased to exist, on any chief officer of police or on the person who is the appropriate person in relation to any public body which appears to the Commission to have functions which consist of or include functions similar to any of those of the public body which has ceased to exist.
Where the Commission has power to impose a requirement under paragraph (a) of subsection (2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power includes power to impose the requirement on the Provost Marshal for serious crime (instead of the person who is the appropriate person in relation to the public body).
Where no offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed on any chief officer of police or Provost Marshal.
A requirement under this section imposed on a chief officer of police may be—
a requirement to appoint a person serving in the police force in relation to which he is the chief officer of police, or
a requirement to appoint a person serving in a body selected by the chief officer which is—
another police force,
a service police force, or
the tri-service serious crime unit.
A requirement under this section imposed otherwise than on a chief officer of police or a Provost Marshal may be—
a requirement to appoint a person serving in the public body in relation to which the person on whom the requirement is imposed is the appropriate person, or
a requirement to appoint a person serving in a body selected by the appropriate person which is—
a police force, a service police force or the tri-service serious crime unit, or
a public body (not falling within sub-paragraph (i)) having functions which consist of or include the investigation of offences.
A requirement under this section imposed on the Provost Marshal of a service police force may be—
a requirement to appoint a person serving in that service police force, or
a requirement to appoint a person serving in a body selected by the Provost Marshal which is—
a police force,
another service police force, or
the tri-service serious crime unit.
The Commission may direct— under subsection (4), (4A) , (4B) or (5) without the approval of the Commission.
that a person shall not be appointed, or
that a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b) shall not be selected,
A requirement under this section imposed on the Provost Marshal for serious crime may be—
a requirement to appoint a person serving in the tri-service serious crime unit, or
a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in a service police force selected by the Provost Marshal.
Where an appointment is made under this section by the person who is the appropriate person in relation to any public body or by the Provost Marshal for serious crime, that person shall inform the Commission of the appointment; and if the Commission are not satisfied with the person appointed they may direct that—
the person who is the appropriate person in relation to the public body or (as the case requires) the Provost Marshal for serious crime shall, as soon as is reasonably practicable, select another person in his place and notify the Commission of the proposal to appoint the other person, and
the other person shall not be appointed without the approval of the Commission.
In this section “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
A person appointed as the investigating officer in relation to a case shall undertake such inquiries as the Commission may from time to time reasonably direct him to undertake in relation to the case.
A person appointed as an investigating officer shall be permitted to act as such by the person who is the appropriate person in relation to the public body in which he is serving.
In the application of subsection (2) in relation to an investigating officer who is serving in a public body mentioned in section 22(4A), the reference in subsection (2) to the person who is the appropriate person in relation to that public body is to be read as including (so far as necessary) a reference to the Provost Marshal for serious crime.
Where the chief officer of an England and Wales police force appoints a member of the Royal Ulster Constabulary as an investigating officer, the member appointed shall have in England and Wales the same powers and privileges as a member of the police force has there as a constable; and where the Chief Constable of the Royal Ulster Constabulary appoints a member of an England and Wales police force as an investigating officer, the member appointed shall have in Northern Ireland the same powers and privileges as a member of the Royal Ulster Constabulary has there as a constable.
The Commission may take any steps which they consider appropriate for supervising the undertaking of inquiries by an investigating officer.
The Commission may at any time direct that a person appointed as the investigating officer in relation to a case shall cease to act as such; but the making of such a direction shall not prevent the Commission from imposing a requirement under section 19 to appoint another investigating officer in relation to the case.
When a person appointed as the investigating officer in relation to a case has completed the inquiries which he has been directed by the Commission to undertake in relation to the case, he shall—
prepare a report of his findings,
submit it to the Commission, and
send a copy of it to the person by whom he was appointed.
When a person appointed as the investigating officer in relation to a case submits to the Commission a report of his findings he shall also submit to them any statements, opinions and reports received by him in connection with the inquiries which he was directed to undertake in relation to the case.
Sections 17 to 20 are without prejudice to the taking by the Commission of any steps which they consider appropriate for assisting them in the exercise of any of their functions including, in particular—
undertaking, or arranging for others to undertake, inquiries, and
obtaining, or arranging for others to obtain, statements, opinions and reports.
In sections 17, 19 and 20 and this section “public body” means—
any police force,
any government department, local authority or other body constituted for purposes of the public service, local government or the administration of justice, or
any other body whose members are appointed by Her Majesty, any Minister or any government department or whose revenues consist wholly or mainly of money provided by Parliament or appropriated by Measure of the Northern Ireland Assembly.
In sections 19 and 20 and this section—
“police force” includes the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve ... and any body of constables maintained otherwise than by a local policing body,
references to the chief officer of police—
in relation to the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve, are to the Chief Constable of the Constabulary, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to any other police force maintained otherwise than by a local policing body, are to the chief constable, and
references to an England and Wales police force are to a police force maintained under section 2 of the Police Act 1996, the metropolitan police force or the City of London police force.
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In section 18 and this section—
references to a government department include a Northern Ireland department and the Public Prosecution Service for Northern Ireland, and
“Minister” means a Minister of the Crown as defined by section 8 of the Ministers of the Crown Act 1975 but also includes the head of a Northern Ireland department.
In sections 17, 19 and 20 “the appropriate person” means, subject to subsection (4B)—
in relation to a police force, the chief officer of police,
in relation to the National Crime Agency, the Director General of that Agency,
in relation to the Crown Prosecution Service, the Director of Public Prosecutions,
in relation to the Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland,
in relation to the Serious Fraud Office, the Director of the Serious Fraud Office,
in relation to Her Majesty’s Revenue and Customs, the Commissioners for Her Majesty’s Revenue and Customs,
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in relation to any government department not within any of the preceding paragraphs, the Minister in charge of the department, and
in relation to any public body not within any of the preceding paragraphs, the public body itself (if it is a body corporate) or the person in charge of the public body (if it is not).
Subsection (4B) applies in relation to—
the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve,
the regular army (within the meaning of the Armed Forces Act 2006), the Regular Reserve and the Army Reserve, and
the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force.
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a justices' chief executive or justices' clerk appointed by, or a member of the staff of, a magistrates' courts committee shall be treated as serving in the committee, and
a person authorised under section 57 of the Northern Ireland (Emergency Provisions) Act 1991 to exercise the powers conferred by Schedule 5 to that Act shall be treated as if he were serving in a public body and he were the appropriate person in relation to the body.
In relation to a public body mentioned in subsection (4A), “the appropriate person” means—
in section 17, the Secretary of State;
in sections 19 and 20—
in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for the Royal Navy Police,
in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for the Royal Military Police,
in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for the Royal Air Force Police.
In section 19 “service police force” has the same meaning as in the Armed Forces Act 2006.
A person who is or has been a member or employee of the Commission shall not disclose any information obtained by the Commission in the exercise of any of their functions unless the disclosure of the information is excepted from this section by section 24.
A person who is or has been an investigating officer shall not disclose any information obtained by him in his inquiries unless the disclosure of the information is excepted from this section by section 24.
A member of the Commission shall not authorise— unless the authorisation of the disclosure of the information is excepted from this section by section 24.
the disclosure by an employee of the Commission of any information obtained by the Commission in the exercise of any of their functions, or
the disclosure by an investigating officer of any information obtained by him in his inquiries,
A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
The disclosure of information, or the authorisation of the disclosure of information, is excepted from section 23 by this section if the information is disclosed, or is authorised to be disclosed—
for the purposes of any criminal, disciplinary or civil proceedings,
in order to assist in dealing with an application made to the Secretary of State or the Department of Justice in Northern Ireland for compensation for a miscarriage of justice,
by a person who is a member or an employee of the Commission either to another person who is a member or an employee of the Commission or to an investigating officer,
by an investigating officer to a member or an employee of the Commission,
in any statement or report required by this Act,
in or in connection with the exercise of any function under this Act, or
in any circumstances in which the disclosure of information is permitted by an order made by the Secretary of State.
The disclosure of information is also excepted from section 23 by this section if the information is disclosed by an employee of the Commission, or an investigating officer, who is authorised to disclose the information by a member of the Commission.
The disclosure of information, or the authorisation of the disclosure of information, is also excepted from section 23 by this section if the information is disclosed, or is authorised to be disclosed, for the purposes of— unless the disclosure is or would be prevented by an obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of an enactment) arising otherwise than under that section.
the investigation of an offence, or
deciding whether to prosecute a person for an offence,
Where the disclosure of information is excepted from section 23 by subsection (1) or (2), the disclosure of the information is not prevented by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of an enactment) arising otherwise than under that section.
The power to make an order under subsection (1)(g) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a person on whom a requirement is imposed under section 17 or by an order under section 18A 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.
Such consent may not be withheld unless—
(apart from section 17 or 18A) the person would have been prevented by any obligation of secrecy or other limitation on disclosure from disclosing the information to the Commission, and
it is reasonable for the person to withhold his consent to disclosure of the information by the Commission.
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—
reasonable steps have been taken to obtain the authorisation of the other person, or
such authorisation could not reasonably be expected to be obtained.
Section 142 of the Magistrates’ Courts Act 1980 (power of magistrates’ courts to re-open cases to rectify mistakes etc.) shall be amended as follows.
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; ”.
After that subsection insert—
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)—
for the words from “found guilty” to “section 11(1) above,” substitute “ convicted by a magistrates’ court ”, and
omit “, subject to subsection (4) below,”.
After that subsection insert—
In subsection (3) (effect of directions under subsection (2)), for “finding of guilty” substitute “ conviction ”.
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 Magistrates’ Courts (Northern Ireland) Order 1981 insert—
In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice), after subsection (4) insert—
Schedule 2 (minor and consequential amendments) shall have effect.
The enactments specified in Schedule 3 (which include spent provisions) are repealed to the extent specified in the third column of that Schedule.
In this Act—
The Courts-Martial (Appeals) Act 1968 shall be amended as follows. In section 12 (disposal of appeal against conviction by court-martial), for subsection (1) (grounds on which Courts-Martial Appeal Court are to allow or dismiss appeal), including the proviso, substitute—,
“the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980,
“investigating officer” means a person appointed under section 19 to carry out inquiries.
“the Commission” means the Criminal Cases Review Commission,
“the 1968 Act” means the Criminal Appeal Act 1968,
“investigating officer” means a person appointed under section 19 to carry out inquiries.
“enactment” includes an enactment comprised in Northern Ireland legislation, and
In this Act “sentence”—
in section 9 has the same meaning as in the 1968 Act,
in section 10 has the same meaning as in Part I of the 1980 Act,
in section 11 has the same meaning as in section 108 of the Magistrates’ Courts Act 1980, ...
in section 12 has the same meaning as in Article 140(1) of the Magistrates’ Courts (Northern Ireland) Order 1981.
in section 12A has the same meaning as in the Court Martial Appeals Act,
in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006.
There shall be paid out of money provided by Parliament—
any expenditure of the Secretary of State incurred in connection with the Commission, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Any sums received by the Treasury under or by virtue of this Act (so far as not used as an appropriation in aid) shall be paid into the Consolidated Fund.
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different provisions or for different purposes.
An order under subsection (1) may include such transitional provisions and savings as appear to the Secretary of State to be necessary or desirable.
The provisions of Parts I and III and of Schedules 2 and 3 have the same extent as the enactments which they amend or repeal.
Section 8 and Schedule 1 and sections 13 to 25 extend only to England and Wales and Northern Ireland.
Sections 9 and 11 extend only to England and Wales.
Sections 10 and 12 extend only to Northern Ireland.
Nothing in this section affects the extent of—
section 12A or 12B;
section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or
section 14(5) so far as relating to the Service Civilian Court.
Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.
This Act may be cited as the Criminal Appeal Act 1995.
Section 8.
Her Majesty shall, on the recommendation of the Prime Minister, appoint one of the members of the Commission to be the chairman of the Commission.
Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment. An appointment as a member of the Commission may be full-time or part-time. The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years. Subject to sub-paragraph (5), a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment. No person may hold office as a member of the Commission for a continuous period which is longer than ten years. A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty. Her Majesty may at any time remove a person from office as a member of the Commission if satisfied— If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman.
The Commission shall— as the Commission are required to pay by or in accordance with directions given by the Secretary of State. Where a member of the Commission was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c). Where— the Secretary of State may direct the Commission to make to him a payment of such amount as the Secretary of State may determine.
The Commission may appoint a chief executive and such other employees as the Commission think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service. The Commission shall— as the Commission may, with the consent of the Secretary of State, determine. Employment by the Commission shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.
The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The arrangements for the procedure of the Commission (including the quorum for meetings) shall be such as the Commission may determine. The arrangements may provide for the discharge, under the general direction of the Commission, of any function of the Commission— The functions referred to in sub-paragraph (2)(a) are— The validity of any proceedings of the Commission (or of any committee of the Commission) shall not be affected by— Where— the Commission shall, after consulting that person, deal with the document or material (or copy) in a manner appropriate for safeguarding the interests of national security.
A document purporting to be— shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
duly executed under the seal of the Commission, or
signed on behalf of the Commission,
As soon as possible after the end of each financial year of the Commission, the Commission shall send to the Secretary of State and the Department of Justice in Northern Ireland a report on the discharge of their functions during that year. Such a report may include an account of the working of the provisions of sections 9 to 25 and recommendations relating to any of those provisions. The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under sub-paragraph (1). The Department of Justice shall lay before the Northern Ireland Assembly a copy of every report sent to the Department of Justice under sub-paragraph (1). Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
The Commission shall— The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct. The Commission shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct. The Comptroller and Auditor General shall—
For the purposes of this Schedule the Commission’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Commission shall be the period beginning with the date of establishment of the Commission and ending with the first 31st March which falls at least six months after that date.
The Secretary of State shall defray the expenses of the Commission up to such amount as may be approved by him.
Section 29.
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Criminal Cases Review Commission.
The Criminal Appeal Act 1968 shall be amended as follows. In section 5 (disposal of appeal against conviction on special verdict), in subsection (1), for “by a person in whose case” substitute “ in a case where ”. In section 23 (evidence), in subsections (1) and (4), for “purposes of” substitute “ the purposes of an appeal under ”. In section 29 (effect of appeal on sentence), in subsection (2)(c), for “by the Secretary of State under section 17 of this Act” substitute “ under section 9 of the Criminal Appeal Act 1995 ”. In section 45 (construction of references to Court of Appeal and single judge)—
“the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,
and, in the side-note, for “wrong in law, etc” substitute “unsafe”. In section 28 (evidence)—
and, in the side-note, for “wrong in law, etc” substitute “ unsafe ”. In section 28 (evidence)—
In section 4 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs awarded by Court of Appeal), at the end insert—
Criminal Cases Review Commission.
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Members and employees of the Criminal Cases Review Commission.
The Criminal Cases Review Commission
The Criminal Cases Review Commission
The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows. In section 16 (notice of appeal or application for leave), in subsection (1), omit “appeal or”. In section 25 (evidence), in subsection (1), after “purposes of” insert “ an appeal under ”. In section 26 (additional powers of Court), in subsection (1), after “purposes of” insert “ an appeal under ”. In section 29 (computation of sentence), in subsection (3)(c), for “section 14 of this Act” substitute “ section 10 of the Criminal Appeal Act 1995 ”. In section 45 (powers of the Court of Appeal exercisable by single judge), after subsection (3A) insert—
In Article 28(3) of the County Courts (Northern Ireland) Order 1980 (power of county court to increase punishment on appeal), after “1954” insert “ but subject to section 12(6) of the Criminal Appeal Act 1995 ”.
In section 48 of the Senior Courts Act 1981 (appeals to Crown Court), in subsection (4) (power to award more severe punishment), for “If” substitute “ Subject to section 11(6) of the Criminal Appeal Act 1995, if ”.
“accused” and “appellant”, in a case where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies, include the person approved under that section;
The Criminal Justice Act 1988 shall be amended as follows. In section 32 (evidence through television links), in subsection (1A) (proceedings where section applies)— In section 32A (video recordings of testimony from child witnesses), in subsection (1) (proceedings where section applies)— In section 133 (compensation for miscarriages of justice), in subsection (5) (meaning of “reversed” in relation to a conviction), in paragraph (b) (references), for sub-paragraph (i) substitute—, and omit sub-paragraph (iii).
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The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows. In Article 81 (evidence through television links), in paragraph (1A) (proceedings where Article applies)— In Article 81A (video recordings of testimony from child witnesses), in paragraph (1) (proceedings where Article applies)—
In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others), in subsection (9), in the definition of “the relevant period”, for “reference under section 17 of the Criminal Appeal Act 1968” substitute “ a reference under section 9 or 11 of the Criminal Appeal Act 1995 ”.
Section 29. Chapter Short title Extent of repeal 1967 c. 13. The Parliamentary Commissioner Act 1967. In Schedule 3, in paragraph 7, the words “the Court of Appeal,”. 1968 c. 19. The Criminal Appeal Act 1968. Section 17. In section 23(3), the words following “compellable”. 1968 c. 20. The Courts-Martial (Appeals) Act 1968. In section 28(3), the words following “compellable”. 1977 c. 45. The Criminal Law Act 1977. Section 44. 1980 c. 43. The Magistrates’ Courts Act 1980. In section 142, in subsection (2), the words “, subject to subsection (4) below,” and subsection (4). 1980 c. 47. The Criminal Appeal (Northern Ireland) Act 1980. Section 14. In section 16(1), the words “appeal or”. In section 25(3), the words following “compellable”. In section 44(4), the words “14 or”. 1981 c. 54. The Supreme Court Act 1981. In Schedule 5, the entries relating to the Army Act 1955 and the Air Force Act 1955. S.I. 1986/595 (N.I. 4). The Mental Health (Northern Ireland) Order 1986. In Schedule 5, in Part I, the entry relating to section 14(1) of the Criminal Appeal (Northern Ireland) Act 1980. 1988 c. 33. The Criminal Justice Act 1988. In section 133(5)(b), sub-paragraph (iii) and the word “or” immediately preceding it. 1991 c. 25. The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991. In Schedule 3, paragraphs 3(1) and 4.