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 20 — Transitional, transitory and saving provisions
Part 3 — Criminal evidence, investigations and procedure
209

an offence committed before the commencement of section 154(1) of the
Criminal Justice Act 2003 (c. 44).
      (2)
The Schedules mentioned in subsections (1)(b) and (2)(b) of section 54, as
applied by virtue of that section, have effect in relation to property
regardless of when it was lawfully seized.
5
Part 3
Criminal evidence, investigations and procedure
Anonymity in investigations
14
Notwithstanding subsection (4)(a) of section 67, references in that section to
a service offence are to be treated as including a reference to any offence
10
against any provision of—
(a)
Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b)
Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
(c)
Part 1 of the Naval Discipline Act 1957 (c. 53).
Anonymity of witnesses
15
15    (1)
The repeal of sections 1 to 9 of the Criminal Evidence (Witness Anonymity)
Act 2008 (c. 15) (“the 2008 Act”) by section 79 does not affect the continuation
in effect of a witness anonymity order made under the 2008 Act before 1
January 2010.
      (2)
An application under section 3 of the 2008 Act that falls to be heard on or
20
after 1 January 2010 is to be treated as an application under section 70 of this
Act and the conditions in section 71 must be satisfied in relation to it.
      (3)
The following provisions of this paragraph apply in relation to witness
anonymity orders made under the 2008 Act before 1 January 2010.
      (4)
Sections 74 to 76 of this Act have effect on or after 1 January 2010 for the
25
purpose of discharging or varying a witness anonymity order made under
the 2008 Act.
      (5)
Accordingly, an application under section 6 of the 2008 Act that falls to be
heard on or after 1 January 2010 is to be treated as an application under
section 74 of this Act or (as the case may be) section 75.
30
      (6)
Where section 74 or 75 of this Act has effect for the purposes of discharging
or varying a witness anonymity order made under section 6 of the 2008 Act,
the definition in that section of “the relevant time” is to be treated as
including, in a case where a previous application has been made under
section 6 of the 2008 Act, the time when the application under section 6 (or
35
the last application under section 6) was made.
      (7)
Where section 74, 75 or 76 of this Act has effect in relation to a witness
anonymity order made under the 2008 Act, the reference in that section to
sections 71 and 72 of this Act has effect as a reference to sections 4 and 5 of
the 2008 Act.
40
      (8)
Sections 73 and 77(3) of this Act have effect on or after 1 January 2010 in
relation to a witness to whom a witness anonymity order under the 2008 Act

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 3 — Criminal evidence, investigations and procedure
210

applies as they have effect in relation to a witness to whom a witness
anonymity order under Chapter 2 of Part 3 of this Act applies.
16    (1)
Where an appeal court’s consideration of a relevant appeal commences
before 1 January 2010, the repeal by section 79 of this Act of sections 1 to 9 of
the 2008 Act is to be disregarded.
5
      (2)
Where an appeal court’s consideration of a relevant appeal commences on
or after 1 January 2010, the reference in section 11(2)(b)(i) to the 2008 Act is
to be treated as a reference to Chapter 2 of Part 3 of this Act.
      (3)
“Relevant appeal” means an appeal against conviction in relation to which
section 11 of the 2008 Act applies.
10
17
Notwithstanding subsection (1) of section 80, references in Chapter 2 of Part
3 of this Act to a service offence are to be treated as including a reference to
any offence against any provision of—
(a)
Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b)
Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
15
(c)
Part 1 of the Naval Discipline Act 1957 (c. 53).
Vulnerable and intimidated witnesses
18    (1)
The amendments made by sections 81 to 86 apply to proceedings instituted
before the commencement of the amendment in question.
      (2)
But the amendments made by sections 81 to 86 do not affect the continued
20
operation of a special measures direction given before the commencement of
the amendment in question.
      (3)
Sub-paragraph (2) does not prevent an amendment made by sections 81 to
86 from applying after its commencement to—
(a)
the variation under section 20 of the Youth Justice and Criminal
25
Evidence Act 1999 (c. 23) of a special measures direction that was
given in relation to a witness before the commencement of the
amendment, and
(b)
the giving of a new special measures direction in relation to a witness
(including the giving of a new direction in a case where a special
30
measures direction given in relation to the witness in question has
been discharged under section 20 of the Youth Justice and Criminal
Evidence Act 1999 after the commencement of the amendment).
      (4)
In this paragraph, “special measures direction” means a direction under
section 19 of the Youth Justice and Criminal Evidence Act 1999.
35
19
The reference in paragraph 22(c) of Schedule 1A to the Youth Justice and
Criminal Evidence Act 1999 (inserted by Schedule 12 to this Act) to an
offence under Part 2 of the Serious Crime Act 2007 (c. 27) includes a
reference to the common law offence of incitement.
Evidence of previous complaint
40
20
Section 95 does not have effect in relation to trials or hearings begun before
the commencement of that section.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
211

Indictment of offenders
21    (1)
For the purposes of any proceedings before a court (including proceedings
on an appeal to the court) after the passing of this Act, the amendments in
subsections (1) and (2) of section 99 are to be deemed always to have had
effect.
5
      (2)
For the purposes of sub-paragraph (1), it is immaterial whether the
proceedings were begun before or after the passing of this Act.
Part 4
Sentencing
Sentencing Council for England and Wales
10
22    (1)
Nothing in section 107 or 108 has effect in relation to the sentencing of
persons for offences committed before the commencement of the section in
question.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
15
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
23    (1)
Without prejudice to the generality of section 156, an order under subsection
(3) of that section made by the Lord Chancellor may provide—
(a)
for the Sentencing Council for England and Wales to exercise any
20
function conferred on the Sentencing Guidelines Council by any
provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003
(c. 44) pending the repeal of the provision in question by this Act;
(b)
for existing guidelines which have effect immediately before the
coming into force of section 107(1) to be treated as guidelines issued
25
by the Sentencing Council for England and Wales under this Act;
(c)
that, in relation to the sentencing of persons for offences committed
before the coming into force of section 107(1), any provision of
Chapter 1 of Part 12 of the Criminal Justice Act 2003 repealed by this
Act continues to have effect with such modifications as are specified
30
in the order.
      (2)
“Existing guidelines” means—
(a)
sentencing or allocation guidelines issued as definitive guidelines
under section 170 of the Criminal Justice Act 2003;
(b)
guidelines with respect to sentencing which were included in any
35
judgment of the Court of Appeal given before 27 February 2004 and
have not been superseded by sentencing guidelines so issued.
Driving disqualification
24    (1)
No provision of Schedule 14 applies in relation to offences committed
wholly or partly before the commencement of the provision in question.
40
      (2)
An offence is partly committed before the commencement of a provision if—
(a)
a relevant event occurs before commencement, and
(b)
another relevant event occurs on or after commencement.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
212

      (3)
“Relevant event” in relation to an offence means any act or other event
(including any consequence of an act) proof of which is required for
conviction of the offence.
25    (1)
During the transitory period, the Road Traffic Offenders Act 1988 (c. 53) has
effect with the amendments made by paragraphs 26 to 28.
5
      (2)
The transitory period is—
(a)
in the case of paragraph 26 or 27, the period beginning with the
coming into force of the paragraph and ending with the coming into
force of section 35 of the Road Safety Act 2006 (which substitutes
sections 34A to 34C of the Road Traffic Offenders Act 1988);
10
(b)
in the case of paragraph 28, the period beginning with the coming
into force of the paragraph and ending with the coming into force of
paragraph 44(2) of Schedule 3 to the Road Safety Act 2006.
26
In section 34A (reduced disqualification period for attendance on courses)—
(a)
in subsection (1)(b), after “months” insert “(disregarding any
15
extension period added pursuant to section 35A or 35B)”,
(b)
in subsection (2), after “section 34” insert “(disregarding any
extension period added pursuant to section 35A or 35B) (“the
unreduced period”)”,
(c)
in subsection (3), after “section 34”, in both places it occurs, insert
20
“(disregarding any extension period added pursuant to section 35A
or 35B)”,
(d)
after that subsection insert—
“(3A)
“The reduced period” is the period of disqualification
imposed under section 34 of this Act (disregarding any
25
extension period added pursuant to section 35A or 35B) as
reduced by an order under this section.”, and
(e)
in subsection (5), at the end insert “but including any extension
period added pursuant to section 35A or 35B.”
27
In section 34B (certificates of completion of courses)—
30
(a)
in subsection (1), for “period of disqualification imposed under
section 34” substitute “total unreduced period of disqualification”,
(b)
in subsection (2)—
(i)
for “period of disqualification imposed under section 34”
substitute “total unreduced period of disqualification”,
35
(ii)
for “end of the period as it would have been reduced by the
order” substitute “total reduced period of disqualification”,
and
(iii)
for “reduced period” substitute “total reduced period of
disqualification”, and
40
(c)
after that subsection insert—
“(2A)
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
45
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

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
213

34 (including any such extension period),
disregarding any reduction by such an order.”
28
In section 47(2) (supplementary provisions as to disqualification and
endorsement) after “or more” insert “(disregarding any extension period
added pursuant to section 35A or 35B)”.
5
29    (1)
Sub-paragraph (2) applies where an order (“the amending order”) under
section 49(1)(b) of the Criminal Justice Act 1991 (c. 53) (alteration by order of
relevant proportions of sentences) provides that the proportion of a
prisoner’s sentence is to be construed as a reference to another proportion
(“the new proportion”).
10
      (2)
The Secretary of State may by order provide that the proportion specified in
section 35A(4)(h) of the Road Traffic Offenders Act 1988 (c. 53) (as inserted
by Schedule 14) and section 147A(4)(h) of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (as inserted by that Schedule) is to be read, in the
case of a custodial sentence to which the amending order applies, as a
15
reference to the new proportion.
30    (1)
Sub-paragraph (2) applies where an order (“the amending order”) under
section 27(2)(b) of the Prisoners and Criminal Proceedings (Scotland) Act
1993 (c. 9) (alteration by order of relevant proportions of sentences) provides
that the proportion of a prisoner’s sentence is to be construed as a reference
20
to another proportion (“the new proportion”).
      (2)
The Secretary of State may by order provide that the proportion specified in
section 35B(4)(d) of the Road Traffic Offenders Act 1988 (as inserted by
Schedule 14) and section 248D(4)(d) of the Criminal Procedure (Scotland)
Act 1995 (c. 46) (as inserted by that Schedule) is to be read, in the case of a
25
sentence of imprisonment to which the amending order applies, as a
reference to the new proportion.
31
Until the coming into force of Part 2 of the Custodial Sentences and Weapons
(Scotland) Act 2007 (asp 17), paragraph 1(3) and 2 of Schedule 14 have effect
subject to such amendments as the Secretary of State may by order prescribe.
30
Dangerous offenders
32    (1)
The amendments made by section 120 have effect in relation only to offences
committed on or after the day that section comes into force.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
35
taken for the purposes of this paragraph to have been committed on the last
of those days.
33    (1)
The amendments made by section 121 have effect in relation only to offences
committed on or after the day that section comes into force.
      (2)
Where an offence is found to have been committed over a period of 2 or
40
more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of this paragraph to have been committed on the last
of those days.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 5 — Miscellaneous
214

Part 5
Miscellaneous
Treatment of convictions in other member States etc
34
No provision of paragraph 1, 2 or 12 to 17 of Schedule 15 has effect in relation
to trials or hearings begun before the commencement of that provision.
5
35    (1)
No provision of paragraph 6 or 8 to 11 of that Schedule has effect in relation
to any sentence passed in relation to a conviction for an offence committed
before the coming into force of that provision.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
10
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
36    (1)
No provision of paragraph 7 or 10 of that Schedule has effect in relation to
any sentence passed in relation to a conviction for a service offence
committed before the coming into force of that provision.
15
      (2)
Where a service offence is found to have been committed over a period of 2
or more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
      (3)
For the purposes of this paragraph—
20
(a)
“service offence” has the meaning given in section 50(2) of the Armed
Forces Act 2006 (c. 52), and
(b)
subsections (1) to (3) of section 376 of that Act apply as they apply in
relation to that Act.
Knives in court buildings etc
25
37    (1)
No provision of section 125 has effect in relation to property which was
surrendered or seized before the coming into force of that provision.
      (2)
No provision of section 126 has effect in relation to property which was
surrendered or seized before the coming into force of that provision.
Criminal memoirs etc
30
38
Until both sections 22(1) and 27(1) of the Justice (Northern Ireland) Act 2002
(c. 26) come into force the reference in section 139(3)(b) to the Advocate
General for Northern Ireland is to be read as a reference to the Attorney
General for Northern Ireland.
Assessment of dangerousness and service offences
35
39
Nothing in paragraph 83 of Schedule 19 has effect in relation to any person
sentenced under section 225, 226, 227 or 228 of the Criminal Justice Act 2003
(c. 44) before the passing of this Act.