Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 12 — Schedule 1A to the Youth Justice and Criminal Evidence Act 1999
146

Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of technical
standards and regulations), and
(b)
is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
5
means of electronic equipment for the processing (including digital
compression) and storage of data, and at the individual request of a
recipient of a service”;

and “the E-Commerce Directive” means Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal
10
aspects of information society services, in particular electronic commerce, in
the Internal Market (Directive on electronic commerce).
      (4)
“Recipient”, in relation to a service, means any person who, for professional
ends or otherwise, uses an information society service, in particular for the
purposes of seeking information or making it accessible.
15
      (5)
“Service provider” means a person providing an information society service.
      (6)
For the purpose of construing references in this Schedule to a service
provider who is established in a part of the United Kingdom or in some
other EEA state—
(a)
a service provider is established in a particular part of the United
20
Kingdom, or in a particular EEA state, if the service provider—
(i)
effectively pursues an economic activity using a fixed
establishment in that part of the United Kingdom, or that
EEA state, for an indefinite period, and
(ii)
is a national of an EEA state or a company or firm mentioned
25
in Article 48 of the Treaty establishing the European
Community;
(b)
the presence or use in a particular place of equipment or other
technical means of providing an information society service does
not, of itself, constitute the establishment of a service provider;
30
(c)
where it cannot be determined from which of a number of
establishments a given information society service is provided, that
service is to be regarded as provided from the establishment at the
centre of the service provider’s activities relating to that service.
Schedule 12
35
Section 82

Schedule 1A to the Youth Justice and Criminal Evidence Act 1999

The following is the Schedule to be inserted as Schedule 1A to the Youth
Justice and Criminal Evidence Act 1999 (c. 23)—
“Schedule 1A
Relevant offences for the purposes of section 17
40
Prevention of Crime Act 1953 (c. 14)
1
An offence under section 1 of the Prevention of Crime Act 1953
(having an offensive weapon in a public place).

Coroners and Justice Bill
Schedule 12 — Schedule 1A to the Youth Justice and Criminal Evidence Act 1999
147

Firearms Act 1968 (c. 27)
2
An offence under section 1 of the Firearms Act 1968 (requirement
of firearm certificate).
3
An offence under section 2(1) of that Act (possession etc of a shot
gun without a certificate).
5
4
An offence under section 3 of that Act (business and other
transactions with firearms and ammunition).
5
An offence under section 4 of that Act (conversion of weapons).
6
An offence under section 5(1) of that Act (weapons subject to
general prohibition).
10
7
An offence under section 5(1A) of that Act (ammunition subject to
general prohibition).
8
An offence under section 16 of that Act (possession with intent to
injure).
9
An offence under section 16A of that Act (possession with intent
15
to cause fear of violence).
10
An offence under section 17 of that Act (use of firearm to resist
arrest).
11
An offence under section 18 of that Act (carrying firearm with
criminal intent).
20
12
An offence under section 19 of that Act (carrying firearm in a
public place).
13
An offence under section 20 of that Act (trespassing with firearm).
14
An offence under section 21 of that Act (possession of firearms by
person previously convicted of crime).
25
15
An offence under section 21A of that Act (firing an air weapon
beyond premises).
16
An offence under section 24A of that Act (supplying imitation
firearms to minors).
Criminal Justice Act 1988 (c. 33)
30
17
An offence under section 139 of the Criminal Justice Act 1988
(having article with blade or point in public place).
18
An offence under section 139A of that Act (having article with
blade or point (or offensive weapon) on school premises).
Violent Crime Reduction Act 2006 (c. 38)
35
19
An offence under section 28 of the Violent Crime Reduction Act
2006 (using someone to mind a weapon).
20
An offence under section 32 of that Act (sales of air weapons by
way of trade or business to be face to face).

Coroners and Justice Bill
Schedule 13 — The Sentencing Council for England and Wales
148

21
An offence under section 36 of that Act (manufacture, import and
sale of realistic imitation firearms).
General
22
A reference in this Schedule to an offence (“offence A”) includes—
(a)
a reference to an attempt to commit offence A,
5
(b)
a reference to a conspiracy to commit offence A,
(c)
a reference to an offence under Part 2 of the Serious Crime
Act 2007 in relation to which offence A is the offence (or
one of the offences) which the person intended or believed
would be committed, and
10
(d)
a reference to aiding, abetting, counselling or procuring
the commission of offence A.”
Schedule 13
Section 100

The Sentencing Council for England and Wales
Constitution of the Council
15
1
The Council is to consist of the following members—
(a)
8 members appointed by the Lord Chief Justice with the agreement
of the Lord Chancellor (“judicial members”);
(b)
6 members appointed by the Lord Chancellor with the agreement of
the Lord Chief Justice (“non-judicial members”).
20
Appointment of a person to chair the Council etc
2     (1)
The Lord Chief Justice must, with the agreement of the Lord Chancellor,
appoint one of the judicial members to chair the Council (“the chairing
member”).
      (2)
The Lord Chancellor must, with the agreement of the Lord Chief Justice,
25
appoint one of the non-judicial members as the deputy of the chairing
member (“the deputy chairing member”).
      (3)
In the absence of the chairing member, the deputy chairing member may
chair the Council.
Appointment of judicial members
30
3     (1)
The judicial members must, at any time, be—
(a)
two ordinary judges of the Court of Appeal,
(b)
a puisne judge of the High Court,
(c)
2 Circuit judges,
(d)
a District Judge (Magistrates’ Courts), and
35
(e)
2 lay justices.
      (2)
The vice-president of the criminal division of the Court of Appeal (if any)
may be appointed by virtue of sub-paragraph (1)(a).

Coroners and Justice Bill
Schedule 13 — The Sentencing Council for England and Wales
149

      (3)
When appointing judicial members, the Lord Chief Justice must have regard
to the desirability of the judicial members including at least one person who
appears to the Lord Chief Justice to have responsibilities relating to the
training of judicial office-holders who exercise criminal jurisdiction in
England and Wales.
5
      (4)
“Judicial office-holder” has the meaning given by section 109(4) of the
Constitutional Reform Act 2005 (c. 4).
Appointment of non-judicial members
4     (1)
A person is eligible for appointment as a non-judicial member if the person
appears to the Lord Chancellor to have experience in one or more of the
10
following areas—
(a)
criminal defence;
(b)
criminal prosecution;
(c)
policing;
(d)
sentencing policy and the administration of justice;
15
(e)
the promotion of the welfare of victims of crime;
(f)
academic study or research relating to criminal law or criminology;
(g)
the use of statistics.
      (2)
The persons eligible for appointment as a non-judicial member by virtue of
experience of criminal prosecution include the Director of Public
20
Prosecutions.
Lord Chancellor’s representative
5     (1)
The Lord Chancellor may appoint a person to attend and speak at any
meeting of the Council.
      (2)
The person appointed under sub-paragraph (1) must be a person appearing
25
to the Lord Chancellor to have experience of sentencing policy.
Terms of appointment
6     (1)
The Lord Chancellor may by order make provision—
(a)
as to the term of office, resignation and re-appointment of judicial
members and non-judicial members;
30
(b)
enabling the Lord Chancellor to remove a judicial member from
office, with the agreement of the Lord Chief Justice, on the grounds
of incapacity or misbehaviour;
(c)
enabling the Lord Chancellor to remove a non-judicial member from
office on the grounds of incapacity or misbehaviour.
35
      (2)
The following provisions apply to an order under sub-paragraph (1)—
(a)
if the order includes provision falling within sub-paragraph (1)(a),
the Lord Chancellor must consult the Lord Chief Justice about that
provision before making the order;
(b)
if the order includes provision falling within sub-paragraph (1)(b),
40
the order may not be made unless the Lord Chief Justice agrees to the
inclusion of that provision.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
150

Proceedings of the Council
7     (1)
The Lord Chancellor may, with the agreement of the Lord Chief Justice, by
order make provision as to the proceedings of the Council.
      (2)
The validity of anything done by the Council is not affected by any vacancy
among its members, by any defect in the appointment of a member or by any
5
failure to comply with paragraph 2(1) or (2), 3 or 4.
Remuneration etc
8     (1)
The Lord Chancellor may pay—
(a)
to any judicial member who is appointed by virtue of being a lay justice,
such remuneration or expenses as the Lord Chancellor may determine, and
10
(b)
to any other judicial member, such expenses as the Lord Chancellor may
determine.
      (2)
The Lord Chancellor may pay to any non-judicial member, such remuneration or
expenses as the Lord Chancellor may determine (except that, where the Director of
Public Prosecutions is such a member, no remuneration may be paid to the
15
Director).
Interpretation
9
In this Schedule “lay justice” means a justice of the peace who is not a District
Judge (Magistrates’ Courts).
Schedule 14
20
Section 119

Extension of disqualification for driving
Road Traffic Offenders Act 1988 (c. 53)
1     (1)
The Road Traffic Offenders Act 1988 is amended as follows.
      (2)
After section 35 insert—
“35A
Extension of disqualification where custodial sentence also imposed
25
(1)
This section applies where a person is convicted in England and
Wales of an offence for which the court—
(a)
imposes a custodial sentence, and
(b)
orders the person to be disqualified under section 34 or 35.
(2)
The order under section 34 or 35 must provide for the person to be
30
disqualified for the appropriate extension period, in addition to the
discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this section, the court would have disqualified the
person under section 34 or 35.
35
(4)
The appropriate extension period is—
(a)
where an order under section 82A(2) of the Powers of
Criminal Courts (Sentencing) Act 2000 (life sentence:

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
151

determination of tariffs) is made in relation to the custodial
sentence, a period equal to the part of the sentence specified
in that order;
(b)
in the case of a detention and training order under section 100
of that Act (offenders under 18: detention and training
5
orders), a period equal to half the term of that order;
(c)
where an order under section 181 of the Criminal Justice Act
2003 (prison sentences of less than 12 months) is made in
relation to the custodial sentence, a period equal to the
custodial period specified pursuant to section 181(3)(a) of
10
that Act less any relevant discount;
(d)
where an order under section 183 of that Act (intermittent
custody orders) is made in relation to the custodial sentence,
a period equal to the number of custodial days specified
pursuant to section 183(1)(a) of that Act less any relevant
15
discount;
(e)
where section 227 of that Act (extended sentence for certain
violent or sexual offences: persons 18 or over) applies in
relation to the custodial sentence, a period equal to half the
term imposed pursuant to section 227(2C)(a) of that Act
20
calculated after that term has been reduced by any relevant
discount;
(f)
where section 228 of that Act (extended sentence for certain
violent or sexual offences: persons under 18) applies in
relation to the custodial sentence, a period equal to half the
25
term imposed pursuant to section 228(2B)(a) of that Act
calculated after that term has been reduced by any relevant
discount;
(g)
where an order under section 269(2) of that Act
(determination of minimum term in relation to mandatory
30
life sentence: early release) is made in relation to the custodial
sentence, a period equal to the part of the sentence specified
in that order;
(h)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
35
any relevant discount.
(5)
The “relevant discount” is the total number of days to count as time
served by virtue of a direction under—
(a)
section 240 of the Criminal Justice Act 2003 (crediting periods
of remand in custody), or
40
(b)
section 240A of that Act (crediting periods of remand on bail).
(6)
This section does not apply where—
(a)
the custodial sentence was a suspended sentence,
(b)
the court has made an order under section 269(4) of the
Criminal Justice Act 2003 (determination of minimum term
45
in relation to mandatory life sentence: no early release) in
relation to the custodial sentence, or
(c)
the court has made an order under section 82A(4) of the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(determination of minimum term in relation to discretionary
50
life sentence: no early release) in relation to the custodial
sentence.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
152

(7)
Subsection (8) applies where an amending order provides that the
proportion of a prisoner’s sentence referred to in section 244(3)(a) or
247(2) of the Criminal Justice Act 2003 (release of prisoners in certain
circumstances) is to be read as a reference to another proportion (“the
new proportion”).
5
(8)
The Secretary of State may by order—
(a)
if the amending order makes provision in respect of section
244(3)(a) of that Act, provide that the proportion specified in
subsection (4)(h) of this section is to be read, in the case of a
custodial sentence to which the amending order applies, as a
10
reference to the new proportion;
(b)
if the amending order makes provision in respect of section
247(2) of that Act, provide that the proportion specified in
subsection (4)(e) and (f) of this section is to be read, in the case
of a custodial sentence to which the amending order applies,
15
as a reference to the new proportion.
(9)
An order under subsection (8) is to be made by statutory instrument
and a draft of the statutory instrument containing the order must be
laid before, and approved by a resolution of, each House of
Parliament.
20
(10)
In this section—
“amending order” means an order under section 267 of the
Criminal Justice Act 2003 (alteration by order of relevant
proportion of sentence);
“custodial sentence” has the meaning given by section 76 of the
25
Powers of Criminal Courts (Sentencing) Act 2000;
“suspended sentence” has the meaning given by section 189 of
the Criminal Justice Act 2003.”
      (3)
After section 35A (as inserted by sub-paragraph (2)) insert—
“35B
Extension of disqualification where sentence of imprisonment also
30
imposed: Scotland
(1)
This section applies where a person is convicted in Scotland of an
offence for which the court—
(a)
imposes a sentence of imprisonment, and
(b)
orders the person to be disqualified under section 34 or 35.
35
(2)
The order under section 34 or 35 must provide for the person to be
disqualified for the appropriate extension period, in addition to the
discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this section, the court would have disqualified the
40
person under section 34 or 35.
(4)
The appropriate extension period is—
(a)
in the case of a life prisoner, a period equal to the punishment
part of the life sentence;
(b)
in the case of a custody and community prisoner, a period
45
equal to half the custody part of the sentence of
imprisonment;