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
167


the certificate is evidence, for the purposes of the relevant section of
this Chapter, that the offence was committed on that day or over, or
at some time during, that period.”, and
(c)
in subsection (3)—
(i)
at the beginning insert—
5
““proper officer” means the clerk of the court, that
clerk’s deputy or any other person having custody of
the court record;”, and
(ii)
omit “and” at the end of the definition of “class A drug
trafficking offence” and “domestic burglary”, and after those
10
definitions insert—
““corresponding class A drug trafficking offence”
means an offence within section 110(2A)(b);
“corresponding domestic burglary offence” means an
offence within section 111(2A)(a)(ii); and”.
15
Restriction on imposing custodial sentence or service detention
10
At the end of section 263(2)(b) of the Armed Forces Act 2006 (c. 52)
(restriction on imposing custodial sentence or service detention on
unrepresented offender) insert “, or to detention by a court in any other
member State.”
20
Young offenders: referral conditions
11    (1)
Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(referral conditions for young offenders) (as amended by the Criminal
Justice and Immigration Act 2008 (c. 4)) is amended as follows.
      (2)
For subsection (1)(b) substitute—
25
“(b)
has never been—
(i)
convicted by or before a court in the United Kingdom
of any offence other than the offence and any
connected offence, or
(ii)
convicted by or before a court in another member
30
State of any offence; and”.
      (3)
In subsection (2A)—
(a)
after “never” insert “—
(a)
”, and
(b)
at the end insert “, or
35
(b)
been convicted by or before a court in another
member State of any offence.”
      (4)
For subsection (2B) substitute—
“(2B)
This subsection is satisfied in relation to the offender if, disregarding
the offence and any connected offence—
40
(a)
the offender —
(i)
has been dealt with by a UK court for any offence on
only one previous occasion, and
(ii)
was not referred to a youth offender panel under
section 16 on that occasion; or
45

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
168

(b)
the offender has been dealt with by a court in any member
State other than the United Kingdom on only one previous
occasion.”
      (5)
For subsection (2C)(a) substitute—
“(a)
disregarding the offence and any connected offence, the
5
offender has been dealt with by a UK court or a court in
another member State for any offence on one or more
previous occasions, and has either—
(i)
never been referred to a youth offender panel under
section 16 above, or
10
(ii)
been referred to a youth offender panel on only one
previous occasion;”.
Proving of foreign convictions before courts in England and Wales
12    (1)
Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of
convictions and acquittals) is amended as follows.
15
      (2)
In subsection (1), after “Kingdom” insert “or any other member State”.
      (3)
In subsection (2), after paragraph (b) insert “; and
(c)
shall, as regards a conviction or acquittal by a court in a
member State (other than the United Kingdom), consist of a
certificate, signed by the proper officer of the court where the
20
conviction or acquittal took place, giving details of the
offence, of the conviction or acquittal, and of any sentence;”.
      (4)
In subsection (3)—
(a)
in paragraph (b), after “other court” insert “in the United Kingdom”,
and
25
(b)
after that paragraph add “, and
(c)
in relation to any court in another member State (“the
EU court”), a person who would be the proper officer
of the EU court if that court were in the United
Kingdom.”
30
13    (1)
Section 74 of that Act (conviction as evidence of commission of offence) is
amended as follows.
      (2)
In subsection (1), after “Kingdom” (in first place it occurs) insert “or any
other member State”.
      (3)
In subsection (2), after “Kingdom” (in first place it occurs) insert “or any
35
other member State”.
      (4)
In subsection (3)(a) after “Kingdom” insert “or any other member State”.
14
In section 75 of that Act (provisions supplementary to section 74), for
subsection (1)(b) substitute—
“(b)
the contents of—
40
(i)
the information, complaint, indictment or charge-
sheet on which the person in question was convicted,
or
(ii)
in the case of a conviction of an offence by a court in a
member State (other than the United Kingdom), any
45

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
169

document produced in relation to the proceedings for
that offence which fulfils a purpose similar to any
document or documents specified in sub-paragraph
(i),”.
Proving of foreign convictions before courts in Northern Ireland
5
15    (1)
Article 71 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is
amended as follows.
      (2)
After paragraph (1), insert—
“(1A)
Where in any criminal proceedings the fact that a person has in a
10
member State been convicted or acquitted of an offence is admissible
in evidence, it may be proved by—
(a)
producing a certificate of conviction or, as the case may be, of
acquittal relating to that offence, and
(b)
proving that the person named in the certificate as having
15
been convicted or acquitted of the offence is the person
whose conviction or acquittal of the offence is to be proved.”
      (3)
In paragraph (2), after sub-paragraph (b) insert “; and
(c)
shall, as regards a conviction or acquittal by a court in a
member State (other than the United Kingdom), consist of a
20
certificate, signed by the clerk of the court where the
conviction or acquittal took place, giving details of the
offence, of the conviction or acquittal, and of any sentence;”.
16    (1)
Article 72 of that Order (conviction as evidence of commission of offence) is
amended as follows.
25
      (2)
In paragraph (1), after “Kingdom” (in first place it occurs) insert “or any
other member State”.
      (3)
In paragraph (2), after “Kingdom” (in first place it occurs) insert “or any
other member State”.
      (4)
In paragraph (3)(a), after “Kingdom” insert “or any other member State”.
30
17
In Article 73 of that Order (provisions supplementary to Article 72), for
paragraph (1)(b) substitute—
“(b)
the contents of—
(i)
the complaint, information, indictment or charge-
sheet on which the person in question was convicted,
35
or
(ii)
in the case of a conviction of an offence by a court in a
member State (other than the United Kingdom), any
document produced in relation to the proceedings for
that offence which fulfils a purpose similar to any
40
document or documents specified in sub-paragraph
(i),”.

Coroners and Justice Bill
Schedule 16 — Motor vehicle orders
170

Schedule 16
Section 131

Motor vehicle orders

The following is the Schedule to be inserted as Schedule 3A to the Access to
Justice Act 1999 (c. 22)—
“Schedule 3A
5
Motor vehicle orders
Introductory
1
In this Schedule “enforcement regulations” means regulations
under section 17A(1) made by virtue of section 17A(2)(e).
Further general powers to regulate motor vehicle orders
10
2
Enforcement regulations may make provision about or in
connection with—
(a)
the procedure for making motor vehicle orders;
(b)
the matters which must be included in such orders;
(c)
the fitting of immobilisation devices;
15
(d)
the fixing of notices to motor vehicles to which
immobilisation devices have been fitted and the content of
such notices;
(e)
the removal and storage of motor vehicles;
(f)
the release of motor vehicles from immobilisation devices
20
or from storage (including the conditions to be met before
a motor vehicle is released);
(g)
the sale or other disposal of motor vehicles not released;
(h)
the imposition of charges in connection with—
(i)
the fitting of immobilisation devices;
25
(ii)
the removal, storage, release (whether from
immobilisation devices or from storage), sale or disposal
of motor vehicles;
(i)
the recovery of such charges (including provision for them
to be recovered from the proceeds of sale of motor
30
vehicles).
Applications
3
Enforcement regulations must provide that a motor vehicle order
may be made in relation to an overdue sum only on the
application of the person or body to which the overdue sum is
35
payable.
Matters of which court to be satisfied
4     (1)
Enforcement regulations must provide that, before a court makes
a clamping order in respect of an individual, it must be satisfied—
(a)
that the failure to pay the overdue sum is attributable to
40
the individual’s wilful refusal or culpable neglect, and

Coroners and Justice Bill
Schedule 16 — Motor vehicle orders
171

(b)
that the value of the motor vehicle or vehicles to be
clamped, if sold, would be likely to be an amount which
exceeds half of the estimated recoverable amount.
      (2)
“The estimated recoverable amount” means the aggregate of—
(a)
the amount of the overdue sum, and
5
(b)
the amount of the likely charges due under the
enforcement regulations in relation to the motor vehicle or
vehicles.
Ownership of motor vehicles
5     (1)
Enforcement regulations must provide that a clamping order must
10
not be made except in relation to a motor vehicle which is owned
by the individual liable to pay the overdue sum.
      (2)
For this purpose a motor vehicle is owned by an individual if the
individual has an interest in the motor vehicle.
Motor vehicles used by disabled persons
15
6
Enforcement regulations must provide that an immobilisation
device may not be fitted to a motor vehicle—
(a)
which displays a current disabled person’s badge or a
current recognised badge, or
(b)
in relation to which there are reasonable grounds for
20
believing that it is used for the carriage of a disabled
person.
Restrictions on making vehicle sale orders
7
Enforcement regulations must provide that, where a motor
vehicle has been clamped under a clamping order, no vehicle sale
25
order may be made in respect of the motor vehicle before the end
of the period specified in the regulations.
Interpretation
8
In this Schedule—
“disabled person’s badge” means a badge issued, or having
30
effect as if issued, under regulations made under section 21
of the Chronically Sick and Disabled Persons Act 1970
(badges for display on motor vehicles used by disabled
persons);
“immobilisation device” has the same meaning as in section
35
104(9) of the Road Traffic Regulation Act 1984
(immobilisation of vehicles illegally parked);
“motor vehicle” means a mechanically propelled vehicle
intended or adapted for use on roads, except that section
189 of the Road Traffic Act 1988 (exceptions for certain
40
vehicles) applies for the purposes of this Schedule as it
applies for the purposes of the Road Traffic Acts;

Coroners and Justice Bill
Schedule 17 — Exploitation proceeds investigations
172

“recognised badge” has the meaning given by section 21A of
the Chronically Sick and Disabled Persons Act 1970
(recognition of badges issued outside Great Britain);

and “clamped”, “clamping order”, “motor vehicle order”,
“overdue sum” and “vehicle sale order” are to be construed in
5
accordance with section 17A.”
Schedule 17
Section 147

Exploitation proceeds investigations
1
Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended
as follows.
10
2
In section 341 (investigations), after subsection (4) add—
“(5)
For the purposes of this Part an exploitation proceeds investigation
is an investigation for the purposes of Part 7 of the Coroners and
Justice Act 2009 (criminal memoirs etc) into—
(a)
whether a person is a qualifying offender,
15
(b)
whether a person has obtained exploitation proceeds from a
relevant offence,
(c)
the value of any benefits derived by a person from a relevant
offence, or
(d)
the available amount in respect of a person.
20

Paragraphs (a) to (d) are to be construed in accordance with that Part
of that Act.”
3
In section 342 (offences of prejudicing investigation)—
(a)
in subsection (1), after “detained cash investigation” insert “, an
exploitation proceeds investigation”, and
25
(b)
after subsection (3)(ba) insert—
“(bb)
the disclosure is made in the exercise of a function
under Part 7 of the Coroners and Justice Act 2009
(criminal memoirs etc) or in compliance with a
requirement imposed under or by virtue of that Act,”.
30
4
In section 343(3) (judges) after “civil recovery investigation” insert “or an
exploitation proceeds investigation”.
5
In section 344(b) (courts) after “civil recovery investigation” insert “or an
exploitation proceeds investigation”.
6
In section 345(2) (production orders), in paragraph (a) after “confiscation
35
investigation” insert “, an exploitation proceeds investigation”.
7
In section 346 (requirements for making of production order)—
(a)
after subsection (2)(c) add—
“(d)
in the case of an exploitation proceeds investigation,
the person the application for the order specifies as
40
being subject to the investigation is within subsection
(2A).”, and

Coroners and Justice Bill
Schedule 17 — Exploitation proceeds investigations
173

(b)
after subsection (2) insert—
“(2A)
A person is within this subsection if, for the purposes of Part
7 of the Coroners and Justice Act 2009 (criminal memoirs etc),
exploitation proceeds have been obtained by the person from
a relevant offence by reason of any benefit derived by the
5
person.

This subsection is to be construed in accordance with that
Part.”
8
In section 350(5) (government departments), in paragraph (b) after “civil
recovery investigation” insert “or an exploitation proceeds investigation”.
10
9
In section 351(8) (supplementary) after “civil recovery investigation” insert
“or an exploitation proceeds investigation”.
10
In section 352 (search and seizure warrants)—
(a)
in subsection (2)(a), after “confiscation investigation” insert “, an
exploitation proceeds investigation”, and
15
(b)
after subsection (5)(c) add—
“(d)
a member of SOCA’s staff, if the warrant is sought for
the purposes of an exploitation proceeds
investigation.”
11
In section 353 (requirements where production order not available) after—
20
(a)
subsection (2)(c) insert—
“(d)
in the case of an exploitation proceeds investigation,
the person specified in the application for the warrant
is within section 346(2A).”,
(b)
in subsection (5)(a), for “or (8)” substitute “, (8) or (8A)”,
25
(c)
after subsection (8) insert—
“(8A)
In the case of an exploitation proceeds investigation, material
falls within this subsection if it cannot be identified at the
time of the application but it—
(a)
relates to the person specified in the application, the
30
question whether exploitation proceeds have been
obtained from a relevant offence in relation to that
person, any question as to the extent or whereabouts
of any benefit as a result of which exploitation
proceeds are obtained or any question about the
35
person’s available amount, and
(b)
is likely to be of substantial value (whether or not by
itself) to the investigation for the purposes of which
the warrant is sought.

This subsection is to be construed in accordance with Part 7
40
of the Coroners and Justice Act 2009 (criminal memoirs etc).”,
and
(d)
after subsection (10)(c) add—
“(d)
a member of SOCA’s staff, if the warrant is sought for
the purposes of an exploitation proceeds
45
investigation.”
12
In section 356 (further provision: civil recovery), in subsection (1) after “civil
recovery investigations” insert “or exploitation proceeds investigations”.