Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
160

(8)
The Secretary of State may by order provide that the proportion
specified in paragraph (4)(e) and (f) of this Article is to be read, in the
case of a custodial sentence to which the amending order applies, as
a reference to the new proportion.
(9)
In this Article—
5
“amending order” means an order under Article 18(9)
(alteration by order of relevant part of sentence);
“custodial sentence” has the meaning given by Article 4;
“driving licence” has the meaning given by Article 91;
“suspended sentence” means a suspended sentence or order for
10
detention under section 18 of the Treatment of Offenders Act
(Northern Ireland) 1968 (c. 29).”
Schedule 15
Section 124

Treatment of convictions in other member States etc
Evidence of bad character
15
1     (1)
The Criminal Justice Act 2003 (c. 44) is amended as follows.
      (2)
In section 103 (matter in issue between the defendant and the prosecution),
after subsection (6) add—
“(7)
Where—
(a)
a defendant has been convicted of an offence under the law
20
of any country outside England and Wales (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
law of England and Wales (“the corresponding offence”) if it
were done in England and Wales at the time of the trial for the
25
offence with which the defendant is now charged (“the
current offence”),

subsection (8) applies for the purpose of determining if the previous
offence and the current offence are of the same description or
category.
30
(8)
For the purposes of subsection (2)—
(a)
the previous offence is of the same description as the current
offence, if the corresponding offence is of that same
description, as set out in subsection (4)(a);
(b)
the previous offence is of the same category as the current
35
offence, if the current offence and the corresponding offence
belong to the same category of offences prescribed as
mentioned in subsection (4)(b).”
      (3)
In section 108 (offences committed by defendant when a child), after
subsection (2) insert—
40
“(2A)
Subsection (2B) applies where—

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
161

(a)
the defendant has been convicted of an offence under the law
of any country outside England and Wales (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
law of England and Wales (“the corresponding offence”) if it
5
were done in England and Wales at the time of the
proceedings for the offence with which the defendant is now
charged.
(2B)
For the purposes of subsection (2), the previous offence is to be
regarded as triable only on indictment if the corresponding offence
10
is so triable.”
2     (1)
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (SI 2004/
1501 (NI 10)) is amended as follows.
      (2)
In Article 8(2) (matter in issue between the defendant and the prosecution),
after paragraph (6) add—
15
“(7)
Where—
(a)
a defendant has been convicted of an offence under the law
of any country outside Northern Ireland (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
20
law of Northern Ireland (“the corresponding offence”) if it
were done in Northern Ireland at the time of the trial for the
offence with which the defendant is now charged (“the
current offence”),

paragraph (8) applies for the purpose of determining if the previous
25
offence and the current offence are of the same description or
category.
(8)
For the purposes of paragraph (2)—
(a)
the previous offence is of the same description as the current
offence, if the corresponding offence is of that same
30
description, as set out in paragraph (4)(a);
(b)
the previous offence is of the same category as the current
offence, if the current offence and the corresponding offence
belong to the same category of offences prescribed as
mentioned in paragraph (4)(b).”
35
      (3)
In Article 13 (offences committed by a defendant when a child), after
paragraph (1) insert—
“(1A)
Paragraph (1B) applies where—
(a)
the defendant has been convicted of an offence under the law
of any country outside Northern Ireland (“the previous
40
offence”), and
(b)
the previous offence would constitute an offence under the
law of Northern Ireland (“the corresponding offence”) if it
were done in Northern Ireland at the time of the proceedings
for the offence with which the defendant is now charged.
45
(1B)
For the purposes of paragraph (1), the previous offence is to be
regarded as triable only on indictment if the corresponding offence
is so triable.”

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
162

Bail
3     (1)
Section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail
for defendants charged with or convicted of homicide or rape after previous
conviction of such offences) is amended as follows.
      (2)
For subsection (3) substitute—
5
“(3)
This section applies in the circumstances described in subsection
(3A) or (3B) only.
(3A)
This section applies where—
(a)
the person has been previously convicted by or before a court
in any part of the United Kingdom of any offence within
10
subsection (2) or of culpable homicide, and
(b)
if that previous conviction is one of manslaughter or culpable
homicide—
(i)
the person was then a child or young person, and was
sentenced to long-term detention under any of the
15
relevant enactments, or
(ii)
the person was not then a child or young person, and
was sentenced to imprisonment or detention.
(3B)
This section applies where—
(a)
the person has been previously convicted by or before a court
20
in another member State of any relevant foreign offence
corresponding to an offence within subsection (2) or to
culpable homicide, and
(b)
if the previous conviction is of a relevant foreign offence
corresponding to the offence of manslaughter or culpable
25
homicide—
(i)
the person was then a child or young person, and was
sentenced to detention for a period in excess of 2
years, or
(ii)
the person was not then a child or young person, and
30
was sentenced to detention.”
      (3)
In subsection (5), omit “and” at the end of the definition of “conviction”, and
at the end insert—
““relevant foreign offence”, in relation to a member State other
than the United Kingdom, means an offence under the law in
35
force in that member State.”
      (4)
After that subsection insert—
“(5A)
For the purposes of subsection (3B), a relevant foreign offence
corresponds to another offence if the relevant foreign offence would
have constituted that other offence if it had been done in any part of
40
the United Kingdom at the time when the relevant foreign offence
was committed.”
Decision as to allocation
4     (1)
Section 19 of the Magistrates’ Courts Act 1980 (c. 43) (decision as to
allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003
45
(c. 44)) is amended as follows.

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
163

      (2)
In subsection (5), omit “or” at the end of paragraph (a) and insert—
“(aa)
a previous conviction by a court in another member State of
a relevant offence under the law of that State; or”.
      (3)
After that subsection insert—
“(5A)
For the purposes of subsection (5)(aa) an offence is “relevant” if the
5
offence would have constituted an offence under the law of any part
of the United Kingdom if it had been done in that part at the time
when the allocation decision is made.”
5     (1)
Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37)
(procedure where persons are sent for trial under section 51 of the Crime and
10
Disorder Act 1998) (as substituted by Schedule 3 to the Criminal Justice Act
2003 (c. 44)) is amended as follows.
      (2)
In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—
“(aa)
a previous conviction by a court in another member State
of a relevant offence under the law of that State, or”.
15
      (3)
After that sub-paragraph, insert—
   “(5A)
For the purposes of sub-paragraph (5)(aa) an offence is “relevant”
if the offence would have constituted an offence under the law of
any part of the United Kingdom if it had been done in that part at
the time when the allocation decision is made.”
20
Seriousness
6     (1)
Section 143 of the Criminal Justice Act 2003 (determining the seriousness of
an offence) is amended as follows.
      (2)
In subsection (4), omit “or” at the end of paragraph (a) and insert—
“(aa)
a previous conviction by a court in another member State of
25
a relevant offence under the law of that State, or”.
      (3)
For subsection (5) substitute—
“(5)
Subsections (2) and (4) do not prevent the court from treating—
(a)
a previous conviction by a court outside both the United
Kingdom and any other member State, or
30
(b)
a previous conviction by a court in any member State (other
than the United Kingdom) of an offence which is not a
relevant offence,

as an aggravating factor in any case where the court considers it
appropriate to do so.
35
(6)
For the purposes of this section an offence is “relevant” if the offence
would have constituted an offence under the law of any part of the
United Kingdom if it had been done in that part at the time of the trial
of the defendant for the current offence.”
7     (1)
Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of
40
an offence) is amended as follows.
      (2)
In subsection (3)—
(a)
omit “or” at the end of paragraph (a), and

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
164

(b)
at the end of paragraph (b), insert “, or
(c)
a previous conviction by a court in a member State
other than the United Kingdom of a relevant offence
under the law of that State.”
      (3)
For subsection (4) substitute—
5
“(4)
Nothing in this section prevents the court or officer from treating—
(a)
a previous conviction by a court outside both the British Isles
or any member State, or
(b)
a previous conviction by a court in any member State (other
than the United Kingdom) of an offence which is not a
10
relevant offence,

as an aggravating factor in any case where the court or officer
considers it appropriate to do so.
(5)
For the purposes of this section an offence is “relevant” if the offence
would have constituted an offence under the law of any part of the
15
United Kingdom if it had been done in that part at the time of the trial
or summary hearing in respect of the current offence.”
Availability of community orders
8     (1)
Section 151 of the Criminal Justice Act 2003 (c. 44) (community order or
youth rehabilitation order for persistent offender previously fined) (as
20
amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is
amended as follows.
      (2)
For subsection (1)(b) substitute—
“(b)
on three or more previous occasions a sentence consisting
only of a fine has been passed on the offender on conviction—
25
(i)
by a court in the United Kingdom of an offence
committed by the offender after attaining the age of
16, or
(ii)
by a court in another member State of a relevant
offence so committed, and”.
30
      (3)
For subsection (1A)(c) substitute—
“(c)
on three or more previous occasions a sentence consisting
only of a fine has been passed on the offender on conviction—
(i)
by a court in the United Kingdom of an offence
committed by the offender after attaining the age of
35
16, or
(ii)
by a court in another member State of a relevant
offence so committed.”
      (4)
For subsection (2A)(b) substitute—
“(b)
on three or more previous occasions a sentence consisting
40
only of a fine has been passed on the offender on conviction—
(i)
by a court in the United Kingdom of an offence
committed by the offender after attaining the age of
16, or
(ii)
by a court in another member State of a relevant
45
offence so committed, and”.

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
165

      (5)
After subsection (4) insert—
“(4A)
For the purposes of subsections (1)(b), (1A)(c) and (2A)(b), an offence
is “relevant” if the offence would have constituted an offence under
the law of any part of the United Kingdom if it had been done there
at the time of the trial of the defendant for the current offence.”
5
Required custodial sentences for certain offences
9     (1)
Chapter 3 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6) is amended as follows.
      (2)
In section 110 (minimum sentence of 7 years for third class A drug
trafficking offence)—
10
(a)
in subsection (1)(b), for “been convicted” to the end substitute “2
relevant drug convictions;”, and
(b)
after subsection (2) insert—
“(2A)
For the purposes of subsection (1)—
(a)
a “relevant drug conviction” means—
15
(i)
a conviction in any part of the United
Kingdom of a class A drug trafficking offence,
or
(ii)
a conviction in another member State of an
offence which was committed after the
20
relevant date and would, if done in the United
Kingdom at the time of the conviction, have
constituted a class A drug trafficking offence;
and
(b)
“the relevant date” means the date on which this
25
subsection comes into force.”
      (3)
In section 111 (minimum of 3 years for third domestic burglary)—
(a)
in subsection (1)—
(i)
in paragraph (b), for “been convicted” to the end substitute “2
relevant domestic burglary convictions; and”, and
30
(ii)
in paragraph (c), for “30th November 1999” substitute “the
relevant date”, and
(b)
after subsection (2) insert—
“(2A)
For the purposes of subsection (1)—
(a)
a “relevant domestic burglary conviction” means—
35
(i)
a conviction in England and Wales of a
domestic burglary, or
(ii)
a conviction in any other part of the United
Kingdom or any other member State of an
offence which would, if done in England and
40
Wales at the time of the conviction, have
constituted domestic burglary;
(b)
“the relevant date”, in relation to a relevant domestic
burglary conviction, means—
(i)
in respect of a conviction in England and
45
Wales, 30 November 1999, and

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
166

(ii)
in any other case, the day on which this
subsection comes into force.”
      (4)
In section 113 (certificates of conviction for the purposes of Chapter 3)—
(a)
after subsection (1) insert—
“(1A)
Where—
5
(a)
a person is convicted—
(i)
in any part of the United Kingdom other than
England and Wales of a class A drug
trafficking offence,
(ii)
in any member State other than the United
10
Kingdom of a corresponding drug trafficking
offence, or
(iii)
in any part of the United Kingdom other than
England and Wales, or in any other member
State, of a corresponding domestic burglary
15
offence,
(b)
in the case of a conviction by or before a court in the
United Kingdom, it is stated in open court that the
person has been convicted of such an offence on that
date, and
20
(c)
the court by or before which the person is convicted
certifies, by way of a certificate signed by the proper
officer of the court, the fact that the person has been
convicted of such an offence on that date,

the certificate is evidence, for the purposes of the relevant section of
25
this Chapter, that the person was convicted of such an offence on that
date.”,
(b)
after subsection (2) insert—
“(2A)
Where—
(a)
a person is convicted—
30
(i)
in any part of the United Kingdom other than
England and Wales of a class A drug
trafficking offence,
(ii)
in any member State other than the United
Kingdom of a corresponding drug trafficking
35
offence, or
(iii)
in any part of the United Kingdom other than
England and Wales, or in any other member
State, of a corresponding domestic burglary
offence,
40
(b)
in the case of a conviction by or before a court in the
United Kingdom, it is stated in open court that the
offence was committed on a particular day or over, or
at some time during, a particular period, and
(c)
the court by or before which the person is convicted
45
certifies, by way of a certificate signed by the proper
officer of the court, that the offence was committed on
a particular day or over, or at some time during, a
particular period,