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 19 — Minor and consequential amendments
Part 3 — Prohibited images of children
195

      (2)
For subsection (3)(b) (but not the “or” following it) substitute—
“(b)
an offence under section 2(1) of the Suicide Act 1961 (offence
of encouraging or assisting suicide) in connection with the
death of a person,”.
      (3)
In subsection (5) after paragraph (a) insert—
5
“(aa)
the reference in subsection (3)(b) to section 2(1) of the Suicide
Act 1961 is to be read as a reference to section 13(1) of the
Criminal Justice Act (Northern Ireland) 1966, and”.
Serious Crime Act 2007 (c. 27)
56    (1)
The Serious Crime Act 2007 is amended as follows.
10
      (2)
After section 51 insert—
“51A
Exceptions to section 44 for encouraging or assisting suicide
Section 44 does not apply to an offence under section 2(1) of the
Suicide Act 1961 or section 13(1) of the Criminal Justice Act
(Northern Ireland) 1966 (offence of encouraging or assisting
15
suicide).”
      (3)
In Schedule 3 (offences to be disregarded for the purposes of the offences
under sections 45 and 46)—
(a)
in Part 2, after paragraph 27 insert—
“Suicide Act 1961 (c. 60)
20
27A
An offence under section 2(1) of the Suicide Act 1961
(encouraging or assisting suicide).”, and
(b)
in Part 4, after paragraph 42 insert—
“Criminal Justice Act (Northern Ireland) 1966 (c. 20)
42A
An offence under section 13(1) of the Criminal Justice Act
25
(Northern Ireland) 1966 (encouraging or assisting
suicide).”
Part 3
Prohibited images of children
Sexual Offences Act 2003 (c. 42)
30
57    (1)
Schedule 3 to the Sexual Offences Act 2003 (sexual offences in respect of
which offender becomes subject to notification requirements) is amended as
follows.
      (2)
After paragraph 35A insert—
“35B
An offence under section 49(1) of the Coroners and Justice Act
35
2009 (possession of prohibited images of children) if the
offender—
(a)
was 18 or over, and

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 4 — Vulnerable and intimidated witnesses
196

(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (3)
Paragraphs 92A to 92V, as inserted by Article 13 of the Sexual Offences
(Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779),
are renumbered as paragraphs 92B to 92W of that Schedule (and are to be
5
regarded as so inserted after paragraph 92A as inserted by paragraph 58(3)
of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4)).
      (4)
After paragraph 92W insert—
“92X
An offence under section 49(1) of the Coroners and Justice Act
2009 (possession of prohibited images of children) if the
10
offender—
(a)
was 18 or over, and
(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (5)
In paragraphs 93(1) and 93A(1) (service offences) for “35A” substitute “35B”.
15
Criminal Justice Act 2003 (c. 44)
58
In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for
purposes of provisions about disclosure of information to the public), after
paragraph 13 insert—
“13A
An offence under section 49(1) of the Coroners and Justice Act
20
2009 (possession of prohibited images of children).”
Armed Forces Act 2006 (c. 52)
59
In Schedule 2 to the Armed Forces Act 2006 (offences), after paragraph
12(au) add—
“(av)
an offence under section 49(1) of the Coroners and Justice
25
Act 2009 (possession of prohibited images of children).”
Part 4
Vulnerable and intimidated witnesses
Crime and Disorder Act 1998 (c. 37)
60
In section 1I(3) of the Crime and Disorder Act 1998 (special measures for
30
witnesses: modifications of Chapter 1 of Part 2 of the Youth Justice and
Criminal Evidence Act 1999 (c. 23))—
(a)
in paragraph (a), after “section 17(4)” insert “to (7)”,
(b)
in paragraph (b), for “section 21(1)(b) and (5) to (7)” substitute
“section 21(4C)(e)”, and
35
(c)
before paragraph (d) insert—
“(ca)
section 22A,”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
61
In section 27(5) of the Youth Justice and Criminal Evidence Act 1999
(consequences of admitting video recording), in paragraph (a)(i), for
40

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 5 — Bail
197

“otherwise than by testimony in court” substitute “in any recording
admissible under section 28”.
Part 5
Bail
Bail Act 1976 (c. 63)
5
62
In the Bail Act 1976—
(a)
in section 4 (general right to bail of accused persons etc), in
subsection (7) at the end add “and section 98(1) of the Coroners and
Justice Act 2009 (bail decisions in murder cases to be made by Crown
Court judge)”, and
10
(b)
in section 7 (liability to arrest for absconding or breaking conditions
of bail), after subsection (7) add—
“(8)
In the case of a person charged with murder or with murder
and one or more other offences—
(a)
subsections (4) and (5) have effect as if for “justice of
15
the peace” there were substituted “judge of the
Crown Court”,
(b)
subsection (6) has effect as if for “justice” (in both
places) there were substituted “judge”, and
(c)
subsection (7) has effect, for the purposes of
20
subsection (4), as if at the end there were added “,
Saturday or bank holiday.”
Magistrates’ Courts Act 1980 (c. 43)
63
In section 117 of the Magistrates’ Courts Act 1980 (warrant endorsed for
bail), after subsection (1) insert—
25
“(1A)
Subsection (1) is subject to section 98(1) of the Coroners and Justice
Act 2009 (bail decisions in murder cases to be made by Crown Court
judge).”
Supreme Court Act 1981 (c. 54)
64
In section 81 of the Supreme Court Act 1981 (granting of bail by the Crown
30
Court)—
(a)
after subsection (1)(g) insert—
“(h)
in respect of whom a judge of the Crown Court is
required to make a decision pursuant to section 98(3)
of the Coroners and Justice Act 2008 (bail decisions in
35
murder cases to be made by Crown Court judge);”,
and
(b)
in subsection (5) for “either” to the end substitute “—
(a)
if the person is charged with murder or with murder
and one or more other offences, the Crown Court, and
40
(b)
in any other case, either the Crown Court or a
magistrates’ court.”

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 6 — Sentencing Council for England and Wales
198

Police and Criminal Evidence Act 1984 (c. 60)
65
In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody
officer after charge), after subsection (1)(b) add—
“(c)
the offence with which the person is charged is murder.”
Crime and Disorder Act 1998 (c. 37)
5
66
In section 52 of the Crime and Disorder Act 1998 (supplementary provision
about persons sent for trial to Crown Court), in subsection (1), after “1980
Act” insert “, section 98(1) of the Coroners and Justice Act 2009”.
Part 6
Sentencing Council for England and Wales
10
Parliamentary Commissioner Act 1967 (c. 13)
67
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) after the entry for the Security Industry Authority
insert—
“Sentencing Council for England and Wales.”
15
Magistrates’ Courts Act 1980 (c. 43)
68
In section 19 of the Magistrates’ Courts Act 1980 (decision as to allocation),
as substituted by Schedule 3 to the Criminal Justice Act 2003, in subsection
(3) for “170 of the Criminal Justice Act 2003” substitute “104 of the Coroners
and Justice Act 2009”.
20
Crime and Disorder Act 1998 (c. 37)
69
In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons
are sent for trial under section 51 of that Act), in paragraph 9(3), as
substituted by Schedule 3 to the Criminal Justice Act 2003, for “170 of the
Criminal Justice Act 2003” substitute “104 of the Coroners and Justice Act
25
2009”.
Freedom of Information Act 2000 (c. 36)
70
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: other public bodies and offices), after the entry for the Senior
Salaries Review Body insert—
30
“The Sentencing Council for England and Wales.”
Criminal Justice Act 2003 (c. 44)
71
The Criminal Justice Act 2003 is amended as follows.
72
In section 174 (duty to give reasons for, and explain effect of, sentence)—
(a)
for subsection (2)(a) substitute—
35
“(a)
identify any definitive sentencing guidelines relevant
to the offender’s case and explain how the court
discharged any duty imposed on it by section 107 of
the Coroners and Justice Act 2009,

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving
199

(aa)
where the court did not follow any such guidelines
because it was of the opinion that it would be contrary
to the interests of justice to do so, state why it was of
that opinion,”,
(b)
in subsection (2)(e), for “of particular importance” substitute
5
“relevant to the case”,
(c)
in subsection (4), for “Secretary of State” substitute “Lord
Chancellor”, and
(d)
in subsection (6), for the definition of “guidelines” substitute—
““definitive sentencing guidelines” means sentencing
10
guidelines issued by the Sentencing Council for
England and Wales under section 102 of the Coroners
and Justice Act 2009 as definitive guidelines, as
revised by any subsequent guidelines so issued;”.
73
In section 269 (determination of minimum term in relation to mandatory life
15
sentence)—
(a)
in subsection (6), for “Secretary of State” substitute “Lord
Chancellor”, and
(b)
in subsection (7), for “Secretary of State shall consult the Sentencing
Guidelines Council” substitute “Lord Chancellor must consult the
20
Sentencing Council for England and Wales”.
74
In section 277 (interpretation of Chapter 7), for the definition of “guidelines”
substitute—
““guidelines” means sentencing guidelines issued by the
Sentencing Council for England and Wales as definitive
25
guidelines under section 102 of the Coroners and Justice Act
2009, as revised by any subsequent guidelines so issued;”.
75
In section 330 (orders and rules), in subsection (1), after paragraph (b) add—
“(c)
the powers conferred on the Lord Chancellor by sections
174(4) and 269(6) to make an order.”
30
76
In Schedule 38 (transitory, transitional and saving provisions), paragraphs 2
and 3 are omitted.
Armed Forces Act 2006 (c. 52)
77
In section 259 of the Armed Forces Act 2006 (sentencing guidelines), for
subsection (5) substitute—
35
“(5)
In this section “guidelines” means sentencing guidelines issued by
the Sentencing Council for England and Wales under section 102 of
the Coroners and Justice Act 2008 as definitive guidelines, as revised
by subsequent guidelines so issued.”
Part 7
40
Disqualification for driving
Road Traffic Offenders Act 1988 (c. 53)
78    (1)
The Road Traffic Offenders Act 1988 is amended as follows.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving
200

      (2)
In section 34(4) (disqualification for certain offences), in paragraph (b) after
“or more” insert “(disregarding any extension period added pursuant to
section 35A or 35B)”.
      (3)
In section 34A (as substituted by section 35 of the Road Safety Act 2006
(c. 49)) (reduced disqualification for attendance on courses)—
5
(a)
in subsection (1)(b), after “months” insert “(disregarding any
extension period added pursuant to section 35A or 35B)”,
(b)
in subsection (5), after “of this Act” insert “(disregarding any
extension period added pursuant to section 35A or 35B)”,
(c)
in subsection (6), after “order”, in first place it occurs, insert “(but
10
including any extension period added pursuant to section 35A or
35B)”, and
(d)
after subsection (7) insert—
“(7A)
“The reduced period” is the period of disqualification
imposed under section 34 of this Act (disregarding any
15
extension period added pursuant to section 35A or 35B) as
reduced by an order under this section.”
      (4)
In section 34B (as so substituted) (certificates of completion of courses)—
(a)
in subsection (1), for “unreduced period” substitute “total unreduced
period of disqualification”,
20
(b)
in subsection (2)—
(i)
for “unreduced period” substitute “total unreduced period of
disqualification”, and
(ii)
for “reduced period”, in both places it occurs, substitute “the
total reduced period of disqualification”, and
25
(c)
after subsection (11) add—
“(12)
For the purposes of this section—
“the total reduced period of disqualification” means the
period of disqualification imposed under section 34
(including any extension period added to that period
30
pursuant to section 35A or 35B), as reduced by an
order under section 34A;
“the total unreduced period of disqualification” means
the period of disqualification imposed under section
34 (including any such extension period),
35
disregarding any reduction by such an order.”
      (5)
In section 34D (as inserted by section 15 of the Road Safety Act 2006)
(reduced disqualification period: alcohol ignition interlock programme
orders)—
(a)
in subsection (1)(d), after “section” insert “and disregarding any
40
extension period added pursuant to section 35A or 35B”,
(b)
in subsection (3) after “specify” insert “as the period of
disqualification under section 34 (disregarding any extension period
added pursuant to section 35A or 35B)”,
(c)
after subsection (5) insert—
45
“(5A)
An appropriate extension period (within the meaning of
section 35A or 35B) is not to be added to the further order
referred to in subsection (5).”,
(d)
in subsection (6)—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving
201

(i)
in paragraph (a), for “unreduced period” substitute “total
unreduced period of disqualification”, and
(ii)
in paragraph (b), for “reduced period” substitute “total
reduced period of disqualification”, and
(e)
after that subsection insert—
5
“(6A)
In subsection (6)—
“total reduced period of disqualification” means the
period of disqualification imposed under section 34
(including any extension period added to that period
pursuant to section 35A or 35B) as reduced by an
10
order under this section;
“total unreduced period of disqualification” means the
period of disqualification imposed under section 34
(including any such extension period), disregarding
any reduction by such an order.”
15
      (6)
In section 35(2) (disqualification for repeated offences) after “or more” insert
“(disregarding any extension period added pursuant to section 35A or 35B)”.
      (7)
In section 37(1A) (effect of order of disqualification)—
(a)
after “days” insert “(disregarding any extension period added
pursuant to section 35A or 35B)”, and
20
(b)
after “period of disqualification” add “(including any extension
period added pursuant to section 35A or 35B)”.
      (8)
In section 42 (removal of disqualification)—
(a)
in subsection (3), for “date of the order by which the disqualification
was imposed” substitute “relevant date”,
25
(b)
in paragraph (a) of that subsection, after “four years” insert
“(disregarding any extension period added pursuant to section 35A
or 35B)”,
(c)
in paragraph (b) of that subsection, after “four years” insert
“(disregarding any extension period added pursuant to section 35A
30
or 35B)”, and
(d)
after that subsection insert—
“(3A)
In subsection (3) “relevant date” means—
(a)
the date of the order by which the disqualification
was imposed, or
35
(b)
in a case where an extended period of disqualification
is imposed pursuant to section 35A or 35B, the later
date calculated by adding to the date in paragraph (a)
a period equal to the extension period imposed
pursuant to section 35A or 35B.”
40
      (9)
In section 47(2) (as substituted by paragraph 44(2) of Schedule 3 to the Road
Safety Act 2006 (c. 49)) (supplementary provisions as to disqualification and
endorsement) after “or more” insert “(disregarding any extension period
added pursuant to section 35A or 35B)”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
45
79
In section 248C of the Criminal Procedure (Scotland) Act 1995 (application
of sections 248A and 248B), omit subsection (3).