HC Deb 20 January 1997 vol 288 cc621-2

'.—(1) After section 121 of the 1995 Act, there shall be inserted the following section— "Suspension of certain sentences pending determination of appeal

  1. 121A.—(1) Where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e), 108 or 108A of this Act, a note of appeal is lodged, the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.
  2. (2) Where the court has directed the suspension of the whole or any remaining part of a person's relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.
    3. 622
  3. (3) Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—
    1. (a) if he is the appellant—
      1. (i) decline to consider the appeal; and
      2. (ii) dismiss it summarily; or
    2. (b) whether or not he is the appellant—
      1. (i) consider and determine the appeal; or
      2. (ii) make such other order as the court thinks fit.
  4. (4) In this section "relevant sentence" means any one or more of the following
    1. (a) a probation order;
    2. (b) a supervised attendance order made under section 236(6) of this Act;
    3. (c) a community service order;
    4. (d) a restriction of liberty order.".

(2) After section 193 of the 1995 Act, there shall be inserted the following section— "Suspension of certain sentences pending determination of appeal

  1. 193A.—(1) Where a convicted person or the prosecutor appeals to the High Court under section 175 of this Act, the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.
  2. (2) Where the court has directed the suspension of the whole or any remaining part of a person's relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.
  3. (3) Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—
    1. (a) if he is the appellant—
      1. (i) decline to consider the appeal; and
      2. (ii) dismiss it summarily; or
    2. (b) whether or not he is the appellant—
      1. (i) consider and determine the appeal; or
      2. (ii) make such other order as the court thinks fit.
  4. (4) In this section "relevant sentence" means any one or more of the following—
    1. (a) a probation order;
    2. (b) a supervised attendance order made under section 236(6) of this Act;
    3. (c) a community service order;
    4. (d) a restriction of liberty order.".'.—[Lord James Douglas—Hamilton.]

Brought up, and read the First time.

Lord James Douglas-Hamilton

I beg to move, That the clause be read a Second time.

New clause 4 would deal with a problem that has been encountered in the application of the Crown's right of appeal against certain disposals of the court by providing a useful procedure in relation to appeals against non-custodial disposals.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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