SCHEDULES

F1SCHEDULE 1E+W

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Section 8.

SCHEDULE 2E+W Procedural and Other Provisions Applicable on Order for Retrial

[F5Evidence]E+W

1E+WOn a retrial, [F6paragraphs 1 and 2 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial]; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—

(a)by agreement between the prosecution and the defence; or

(b)if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,

and in either case may be so read without further proof, if verified in accordance with rules of court.

Sentence on conviction at retrialE+W

2(1)Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorised by law, not being a sentence of greater severity than that passed on the original conviction.E+W

(2)Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.

(3)Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—

(a)any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and

(b)any time during which he was [F7released on bail] under section 8(2) of this Act.

(4)[F8[F9[F10Sections 240ZA] and 240A of the Criminal Justice Act 2003 [F11and section 325 of the Sentencing Code] (crediting of periods of remand in custody or on bail subject to certain types of condition:] terms of imprisonment [F12or detention and detention and training orders]) shall apply] to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.

U.K.

F133E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16.

SCHEDULE 3E+WM1Application of Provisions in [F14Part III of Mental Health Act 1983] where Order made under Section 16(3) of this Act

E+W

1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

[F16 Order for continued detention under Act of 1983E+W

2E+WWhere an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.]

Section 48.

F17SCHEDULE 4E+W Procedural and other Modifications for Capital Cases

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Section 52.

SCHEDULE 5U.K. Amendment of Enactments

Part IU.K. Miscellaneous Consequential Amendments

. . . F18E+W

. . . F19E+W

The Sentence of Death (Expectant Mothers) Act 1931 (c. 24)E+W

Section 2(4)

The Children and Young Persons Act (c. 12)E+W

Section 55(5)

The Costs in Criminal Cases Act 1952 (c. 48)E+W

Section 7

Section 8

Section 10

“(2)Where the criminal division of the Court of Appeal order the payment of costs by the appellant under section 25 of the Criminal Appeal Act 1968, or that division or the House of Lords order the payment of costs by the defendant under section 40 of that Act, the payment shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.”

Section 11(1)

Section 12

“12 Regulations.

(1)The Secretary of State may by statutory instrument make regulations generally for carrying this Act and the associated provisions of the Criminal Appeal Act 1968 into effect and in particular may by regulations so made prescribe—

(a)rates or scales of payment of any costs payable out of local funds under this Act or the said associated provisions and the conditions under which such costs may be allowed;

(b)the manner in which an officer of the court making a payment to any person in respect of his attendance to give evidence is to be repaid out of local funds;

(c)the form of orders, certificates and notices under the Act or the said associated provisions, and the giving of information when certificates are sent under this Act by the officer of any magistrates’ court;

and any provision of this Act or the said Act of 1968 enabling any sum to be paid out of local funds shall have effect subject to the regulations.

(2)In subsection (1) of this section “the associated provisions of the Criminal Appeal Act 1968” means the following provisions of that Act, namely, sections 24 to 28 and 39 to 41.”

Section 17(2)

The Prison Act 1952 (c. 52)E+W

Section 22(1)

Section 47(4)

The Geneva Conventions Act 1957 (c. 52)U.K.

Section 4

“(1)Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or the Court of Criminal Appeal in Northern Ireland, as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received notice given—

(a)in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;

(b)in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the Criminal Appeal Act 1968 and section 31(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968 (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A)In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.

. . . F20E+W

. . . F21E+W

The Criminal Justice Administration Act 1962 (c. 15)E+W

Section 18(1)

E+W

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. . . F23E+W

Part IIE+W . . . F24

Section 53.

SCHEDULE 6E+W Transitional Provisions

1(1)Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act.E+W

(2)Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

2(1)In so far as any order made, direction given or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, given or done under that corresponding provision.E+W

(2)Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

3(1)The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the M3Interpretation Act 1889 with regard to the effect of repeals.E+W

(2)References in this Schedule to enactments repealed by this Act shall be construed as including references to enactments which are reproduced in this Act in relation to matters for which provision is made by this Act while remaining unrepealed in relation to matters for which provision is made by another Act; and section 38 of the M4Interpretation Act 1889 shall apply with respect to any such enactment as if it had been repealed by this Act in relation to matters for which provision is made by this Act.

Section 54.

SCHEDULE 7E+W+N.I. Repeals