Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving
202

Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
80    (1)
The Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320
(N.I. 10)) is amended as follows.
      (2)
In Article 35(4) (disqualification for certain offences), in sub-paragraph (b)
after “or more” insert “(disregarding any extension period added pursuant
5
to Article 40A)”.
      (3)
In Article 36 (reduced disqualification period for attendance on courses)—
(a)
in paragraph (1)(b), after “months” insert “(disregarding any
extension period added pursuant to Article 40A)”,
(b)
in paragraph (2), after “Article 35” insert “(disregarding any
10
extension period added pursuant to Article 40A) (“the unreduced
period”)”,
(c)
in paragraph (3), after “Article 35”, in both places where it occurs
insert, “(disregarding any extension period added pursuant to
Article 40A)”,
15
(d)
after that paragraph insert—
“(3A)
“The reduced period” is the period of disqualification
imposed under Article 35 of this Order (disregarding any
extension period added pursuant to Article 40A) as reduced
by an order under this Article.”, and
20
(e)
in paragraph (5), at the end insert “but including any extension
period added pursuant to Article 40A”.
      (4)
In Article 37 (certificates of completion of courses)—
(a)
in paragraph (1), for “period of disqualification imposed under
Article 35” substitute “total unreduced period of disqualification”,
25
(b)
in paragraph (2)—
(i)
for “period of disqualification imposed under Article 35”
substitute “total unreduced period of disqualification”,
(ii)
for “end of the period as it would have been reduced by the
order” substitute “total reduced period of disqualification”,
30
and
(iii)
for “reduced period” substitute “the total reduced period of
disqualification”, and
(c)
after that paragraph insert—
“(2A)
For the purposes of this Article—
35
“the total reduced period of disqualification” means the
period of disqualification imposed under Article 35
(including any extension period added to that period
pursuant to Article 40A), as reduced by an order
under Article 36;
40
“the total unreduced period of disqualification” means
the period of disqualification imposed under Article
35 (including any such extension period),
disregarding any reduction by such an order.”
      (5)
In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern
45
Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification
period: alcohol ignition interlock programme orders)—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Disqualification for driving
203

(a)
in paragraph (1)(d), after “Article” insert “and disregarding any
extension period added pursuant to Article 40A”,
(b)
in paragraph (3), after “specify” insert “as the period of
disqualification under Article 35 (disregarding any extension period
added pursuant to Article 40A)”,
5
(c)
after paragraph (5) insert—
“(5A)
An appropriate extension period (within the meaning of
Article 40A) is not to be added to the further order referred to
in paragraph (5).”,
(d)
in paragraph (6)—
10
(i)
in sub-paragraph (a), for “unreduced period” substitute
“total unreduced period of disqualification”, and
(ii)
in sub-paragraph (b), for “reduced period” substitute “total
reduced period of disqualification”, and
(e)
after that paragraph insert—
15
“(6A)
In paragraph (6)—
“total reduced period of disqualification” means the
period of disqualification imposed under Article 35
(including any extension period added to that period
pursuant to Article 40A), as reduced by an order
20
under this Article;
“total unreduced period of disqualification” means the
period of disqualification imposed under Article 35
(including any such extension period), disregarding
any reduction by such an order.”
25
      (6)
In Article 40(3) (disqualification for repeated offences) after “or more” insert
“(disregarding any extension period added pursuant to Article 40A)”.
      (7)
In Article 42(2) (effect of order of disqualification)—
(a)
after “days” insert “(disregarding any extension period added
pursuant to Article 40A)”, and
30
(b)
after “period of disqualification” insert “(including any extension
period added pursuant to Article 40A)”.
      (8)
In Article 47 (removal of disqualification)—
(a)
in paragraph (3), for “date of the order by which the disqualification
was imposed” substitute “relevant date”,
35
(b)
in sub-paragraph (a) of that paragraph, after “4 years” insert
“(disregarding any extension period added pursuant to Article
40A)”,
(c)
in sub-paragraph (b) of that paragraph, after “4 years” insert
“(disregarding any extension period added pursuant to Article
40
40A)”, and
(d)
after that paragraph insert—
“(3A)
In paragraph (3) “relevant date” means—
(a)
the date of the order by which the disqualification
was imposed, or
45
(b)
in a case where an extended period of disqualification
is imposed pursuant to Article 40A, the later date
calculated by adding to the date in sub-paragraph (a)

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Miscellaneous
204

a period equal to the extension period imposed
pursuant to Article 40A.”
Crime (International Co-operation) Act 2003 (c. 32)
81
In section 54 of the Crime (International Co-operation) Act 2003 (c. 32)
(application of provisions requiring notice of driving disqualifications), after
5
subsection (3) insert—
“(3A)
When determining whether the period of disqualification is not less
than the minimum period, any extension period imposed pursuant
to any of the following is to be disregarded—
(a)
section 35A or 35B of the Road Traffic Offenders Act 1988;
10
(b)
section 248D of the Criminal Procedure (Scotland) Act 1995;
(c)
Article 40A of the Road Traffic Offenders (Northern Ireland)
Order 1996;
(d)
section 147A of the Powers of Criminal Courts (Sentencing)
Act 2000;
15
(e)
Article 91A of the Criminal Justice (Northern Ireland) Order
2008.”
Part 8
Miscellaneous
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
20
82    (1)
Section 160 of the Powers of Criminal Courts (Sentencing) Act 2000 (rules
and orders) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
A statutory instrument containing any order under section 107(1)(e)
shall be subject to annulment in pursuance of a resolution of either
25
House of Parliament.”
      (3)
For subsection (5) substitute—
“(5)
An order under section 107(1)(e) may make different provision for
different cases or classes of case.”
Criminal Justice Act 2003 (c. 44)
30
83    (1)
Section 229 of the Criminal Justice Act 2003 (the assessment of
dangerousness) is amended as follows.
      (2)
In subsection (2A), for paragraph (a) substitute—
“(a)
a conviction of an offence in any service disciplinary
proceedings, and”.
35
      (3)
After that subsection insert—
“(2B)
For the purposes of subsection (2A)(a) “service disciplinary
proceedings” means—
(a)
any proceedings under the Army Act 1955, the Air Force Act
1955 or the Naval Discipline Act 1957 (whether before a
40
court-martial or any other court or person authorised under

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc
205

any of those Acts to award a punishment in respect of any
offence), and
(b)
any proceedings before a Standing Civilian Court;

and “conviction” includes the recording of a finding that a charge in
respect of the offence has been proved.”
5
Animal Welfare Act 2006 (c. 45)
84
Section 8(6) of the Animal Welfare Act 2006 (penalties for offences relating
to provision of information society services) ceases to have effect.
Legal Services Act 2007 (c. 29)
85
In Schedule 23 to the Legal Services Act 2007, in the second column of the
10
entry for the Constitutional Reform Act 2005 (c. 4), omit “1(2),”.
Schedule 20
Section 156

Transitional, transitory and saving provisions
Part 1
Coroners etc
15
Coroner areas
1     (1)
Where an order is made under section 161(4) bringing into force the repeal
of sections 1 to 7 of the 1988 Act (coroners, coroners’ districts and deputy
coroners), the Lord Chancellor must make an order under paragraph 1 of
Schedule 2—
20
(a)
specifying as a coroner area the area of each coroner’s district
immediately before the repeal, and
(b)
coming into force at the same time as the repeal.

The order made by virtue of this sub-paragraph is referred to in this
Schedule as the “transitional order”.
25
      (2)
Paragraph 1(2) of Schedule 2 does not apply to the coroner areas specified in
the transitional order.
      (3)
The transitional order must specify, as the name of each coroner area, the
name by which the corresponding coroner’s district was known (but ending
“coroner area” instead of “coroner’s district”).
30
      (4)
The transitional order must, in relation to each coroner area, contain the
provision that may be made under paragraph 2(1)(b) of Schedule 3
(minimum number of assistant coroners).
Relevant authorities
2     (1)
For the purposes of this Part, the “relevant authority” for each coroner area
35
specified in the transitional order is the authority that was the relevant
council under the 1988 Act for the corresponding coroner’s district.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc
206

      (2)
This paragraph does not apply in relation to a coroner area specified in any
subsequent order under Schedule 2.
Senior and assistant coroners
3     (1)
Sub-paragraphs (2) and (3) apply on the coming into force of the repeal by
this Act of sections 1 to 7 of the 1988 Act.
5
      (2)
A person who—
(a)
immediately before the repeal was the coroner for a district, and
(b)
would, but for the repeal, continue in office,

is to be treated as having been appointed under paragraph 1(1) of Schedule
3 as the senior coroner for the corresponding coroner area.
10
      (3)
A person who—
(a)
immediately before the repeal was the deputy coroner or an assistant
deputy coroner appointed by the coroner for a district, and
(b)
would, but for the repeal, continue in office,

is to be treated as having been appointed under paragraph 2(4) of Schedule
15
3 as an assistant coroner for the corresponding coroner area.
      (4)
Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed
appointment under sub-paragraph (2) or (3) above.
      (5)
Paragraph 10 of that Schedule does not apply to a person who becomes a
senior coroner, area coroner or assistant coroner as the result of sub-
20
paragraph (2) or (3) above.
Certified investigations and inquests
4
In relation to—
(a)
any time before the commencement of the repeal by this Act of the
1988 Act, or
25
(b)
any inquest under the 1988 Act that has begun, but has not been
concluded, before the commencement of sections 11 and 12,

an order made by the Lord Chancellor may provide for that Act to have
effect subject to provisions set out in the order that correspond with those
contained in sections 11 and 12, and with any consequential modifications
30
set out in the order.
5
Section 13 has effect in relation to inquests that have begun, but have not
been concluded, before the day on which that section comes into force (as
well as to inquests beginning on or after that day).
6
Paragraph 3 of Schedule 9 has effect in relation to inquests that have begun,
35
but have not been concluded, before the day on which that paragraph comes
into force (as well as to inquests beginning on or after that day).
Interpretation
7
In this Part—
“the 1988 Act” means the Coroners Act 1988 (c. 13);
40
“coroner’s district” or “district” means a coroner’s district for the
purposes of the 1988 Act;

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences
207

“corresponding coroner area”, in relation to a district, means the
coroner area that (by virtue of the transitional order) has the same
area as that district;
“corresponding coroner’s district”, in relation to a coroner area, means
the coroner’s district whose area becomes (by virtue of the
5
transitional order) the area of that coroner area;
“transitional order” means the order made by virtue of paragraph 1(1).
Part 2
Criminal offences
Commencement of Chapter 1 of Part 2
10
8     (1)
Nothing in Chapter 1 of Part 2 affects the operation of—
(a)
any rule of the common law, or
(b)
any provision of an Act or of subordinate legislation,

in relation to offences committed wholly or partly before the
commencement of the provision in question.
15
      (2)
For the purposes of this paragraph an offence is partly committed before a
particular time if—
(a)
a relevant event occurs before that time, and
(b)
another relevant event occurs at or after that time.
      (3)
“Relevant event” in relation to an offence means any act, omission or other
20
event (including any consequence of an act) proof of which is required for
conviction of the offence.
Suicide
9
The reference to “aiding, abetting, counselling or procuring suicide” in the
following enactments is to be read as including a reference to “an offence
25
under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide)
in connection with the death of a person”—
(a)
section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
(b)
section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
(c)
section 48(2) of the Naval Discipline Act 1957 (c. 53).
30
10
Until such time as the following provisions of the Coroners Act 1988 (c. 13)
are repealed by this Act, they have effect with the following amendments—
(a)
in section 16(1)(a)(iii) for “consisting of aiding, abetting, counselling
or procuring the suicide of the deceased” substitute “(encouraging or
assisting suicide) in connection with the death of the deceased”,
35
(b)
in section 17(1)(c) for “consisting of aiding, abetting, counselling or
procuring the suicide of another” substitute “(encouraging or
assisting suicide) in connection with a death”, and
(c)
in section 17(2)(c) for “consisting of aiding, abetting, counselling or
procuring the suicide of another” substitute “(encouraging or
40
assisting suicide) in connection with a death”.
11    (1)
In this paragraph—

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences
208

“old offence” means an offence under section 2(1) of the Suicide Act
1961 as that section had effect before the section 46 commencement
date, or an attempt to commit such an offence;
“new offence” means an offence under section 2(1) of that Act as that
Act is amended by section 46 of this Act.
5
      (2)
Sub-paragraph (3) applies where—
(a)
a person (“the defendant”) is charged in respect of the same conduct
with both an old offence and a new offence,
(b)
the only thing preventing the defendant from being found guilty of
the new offence is the fact that it has not been proved beyond
10
reasonable doubt that the offence was committed wholly after the
section 46 commencement date, and
(c)
the only thing preventing the defendant from being found guilty of
the old offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly or partly
15
before the section 46 commencement date.
      (3)
For the purpose of determining the guilt of the defendant it is to be
conclusively presumed that the offence was committed wholly or partly
before the section 46 commencement date.
      (4)
For this purpose “the section 46 commencement date” means the day
20
appointed under section 161 for the coming into force of section 46.
12    (1)
In this paragraph—
“old offence” means an offence under section 13(1) of the Criminal
Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect
before the section 47 commencement date, or an attempt to commit
25
such an offence;
“new offence” means an offence under section 13(1) of that Act as that
Act is amended by section 47 of this Act.
      (2)
Sub-paragraph (3) applies where—
(a)
a person (“the defendant”) is charged in respect of the same conduct
30
with both an old offence and a new offence,
(b)
the only thing preventing the defendant from being found guilty of
the new offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly after the
section 47 commencement date, and
35
(c)
the only thing preventing the defendant from being found guilty of
the old offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly or partly
before the section 47 commencement date.
      (3)
For the purpose of determining the guilt of the defendant it is to be
40
conclusively presumed that the offence was committed wholly or partly
before the section 47 commencement date.
      (4)
For this purpose “the section 47 commencement date” means the day
appointed under section 161 for the coming into force of section 47.
Prohibited images of children
45
13    (1)
In section 53(3)(a) in its application in relation to England and Wales the
reference to 12 months is to be read as a reference to 6 months in relation to