New Clause 35 — Further Provisions About References Relating to Transferred Life Prisoners

Criminal Justice Bill — [3rd Alloted Day] – in the House of Commons at 3:54 pm on 20th May 2003.

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'(1) A reference to the High Court under section (Life prisoners transferred to England and Wales) is to be determined by a single judge of that court without an oral hearing.

(2) In relation to a reference under that section, any reference to "the court" in subsections (2) to (5) of section (Determination of minimum term in relation to mandatory life sentence), in Schedule (Determination of minimum term in relation to mandatory life sentence) or in section 82A(2) to (4) of the Sentencing Act is to be read as a reference to the High Court.

(3) A person in respect of whom a reference has been made under section (Determination of minimum term in relation to mandatory life sentence) may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4) Section 1(1) of the Administration of Justice Act 1960 (c.65) (appeal to House of Lords from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c.54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the House of Lords under this section.

(7) In relation to appeals to the Court of Appeal or the House of Lords under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (c. 19) (subject to any specified modifications).'.—[Paul Goggins.]

Brought up, read the First and Second time, and added to the Bill.