Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 2 — Other provisions relating to sentencing
72

121
Dangerous offenders: terrorism offences (Northern Ireland)
(1)
Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order)
is amended as mentioned in subsections (2) to (4).
(2)
After paragraph 25 insert—
5
“The Terrorism Act 2000 (c. 11)
25A
An offence under—
section 54 (weapons training),
section 56 (directing terrorist organisation),
section 57 (possession of article for terrorist purposes), or
10
section 59 (inciting terrorism overseas).”
(3)
After paragraph 26 insert—
“The Anti-terrorism, Crime and Security Act 2001 (c. 24)
26A
An offence under—
section 47 (use etc of nuclear weapons),
15
section 50 (assisting or inducing certain weapons-related acts
overseas), or
section 113 (use of noxious substance or thing to cause harm or
intimidate).”
(4)
After paragraph 31 insert—
20
“The Terrorism Act 2006 (c. 11)
31ZA
An offence under—
section 5 (preparation of terrorist acts),
section 6 (training for terrorism),
section 9 (making or possession of radioactive device or
25
material),
section 10 (use of radioactive device or material for terrorist
purposes etc), or
section 11 (terrorist threats relating to radioactive devices etc).”
(5)
Part 1 of Schedule 2 to that Order (specified violent offences) is amended as
30
mentioned in subsections (6) to (8).
(6)
After paragraph 27 insert—
“The Terrorism Act 2000
27A
An offence under—
section 54 (weapons training),
35
section 56 (directing terrorist organisation),
section 57 (possession of article for terrorist purposes), or
section 59 (inciting terrorism overseas).”

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
73

(7)
After paragraph 28 insert—
“The Anti-terrorism, Crime and Security Act 2001 (c. 24)
28A
An offence under—
section 47 (use etc of nuclear weapons),
section 50 (assisting or inducing certain weapons-related acts
5
overseas), or
section 113 (use of noxious substance or thing to cause harm or
intimidate).”
(8)
After paragraph 31 insert—
“The Terrorism Act 2006 (c. 11)
10
31A
An offence under—
section 5 (preparation of terrorist acts),
section 6 (training for terrorism),
section 9 (making or possession of radioactive device or
material),
15
section 10 (use of radioactive device or material for terrorist
purposes etc), or
section 11 (terrorist threats relating to radioactive devices etc).”
Part 5
Miscellaneous criminal justice provisions
20
122
Commissioner for Victims and Witnesses
(1)
Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims
etc) is amended as follows.
(2)
In section 48 (the Commissioner for Victims and Witnesses)—
(a)
omit subsections (3) to (5) (establishment of corporation sole, no Crown
25
status etc), and
(b)
for subsection (6) substitute—
“(6)
The Secretary of State may pay to, or in respect of, the Commissioner
amounts—
(a)
by way of remuneration, pensions, allowances or gratuities, or
30
(b)
by way of provision for any such benefits.
(7)
The Secretary of State may pay sums in respect of the expenses of the
Commissioner.”
(3)
In section 49 (general functions of Commissioner)—
(a)
omit subsection (2)(d) (carrying out of research),
35
(b)
omit subsection (3)(b) (laying of reports before Parliament), and
(c)
at the end add—
“(4)
The Commissioner must prepare in respect of each calendar
year a report on the carrying out of the functions of the
Commissioner during the year.
40

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
74

(5)
The Commissioner must send a copy of each report prepared
under subsection (4) to—
(a)
the Secretary of State for Justice,
(b)
the Attorney General, and
(c)
the Secretary of State for the Home Department.
5
(6)
Reports under subsection (2)(b) or (4) must be published by the
Commissioner.
(7)
If section 48 comes into force after the beginning of a calendar
year, the first report under subsection (4) may relate to a period
beginning with the day on which that section comes into force
10
and ending with the end of the next calendar year.”
(4)
Omit section 50(2) (advice to authorities within Commissioner’s remit).
(5)
In section 55 (Victims’ Advisory Panel)—
(a)
after subsection (1), insert—
“(1A)
The persons appointed under subsection (1) must include the
15
Commissioner.
(1B)
The Commissioner is to chair the Panel.”,
(b)
in subsection (2), in paragraph (a) for “a” substitute “any other”, and
(c)
in paragraph (b) of that subsection, for “a” substitute “such a”.
(6)
Omit Schedule 8 (supplementary provision about the Commissioner for
20
Victims and Witnesses).
123
Implementation of E-Commerce and Services directives: penalties
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (c. 68)
(limitation on penalty which can be imposed for a criminal offence) does not
apply in relation to the exercise of the powers conferred by section 2(2) of that
25
Act (implementation of EU obligations etc) for the purpose of implementing—
(a)
Directive 2000/31/EC of the European Parliament and of the Council
of 8 June 2000 on certain legal aspects of information society services in
particular electronic commerce in the Internal Market (Directive on
electronic commerce), or
30
(b)
Directive 2006/123/EC of the European Parliament and of Council of
12 December 2006 on services in the internal market.
124
Treatment of convictions in other member States etc
Schedule 15 contains—
(a)
amendments relating to the treatment of criminal convictions imposed
35
by courts outside England and Wales, and
(b)
amendments relating to the treatment of criminal convictions imposed
by courts outside Northern Ireland.
125
Retention of knives surrendered or seized (England and Wales)
(1)
The Courts Act 2003 (c. 39) is amended as follows.
40
(2)
In section 55 (powers to retain articles surrendered or seized), after subsection

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
75

(3) add—
“(4)
This section is subject to section 55A.”
(3)
After section 55 insert—
“55A
Retention of knives surrendered or seized
(1)
This section applies where a knife is surrendered to a court security
5
officer in response to a request under section 54(1) or seized by a court
security officer under section 54(2).
(2)
Section 55 does not apply.
(3)
The knife must be retained in accordance with regulations under
subsection (5), unless returned or disposed of in accordance with those
10
regulations or regulations made under section 56.
(4)
If a court security officer reasonably believes that a retained knife may
be evidence of, or in relation to, an offence, nothing in subsection (3)
prevents the officer retaining the knife for so long as necessary to enable
the court security officer to draw it to the attention of a constable.
15
(5)
Without prejudice to the generality of section 56, the Lord Chancellor
must by regulations make provision as to—
(a)
the procedure to be followed when a knife is retained under this
section;
(b)
the making of requests by eligible persons for the return of
20
knives so retained;
(c)
the procedure to be followed when returning a knife pursuant
to a request made in accordance with the regulations.
(6)
For the purposes of this section—
“eligible person”, in relation to a knife retained under this section,
25
means—
(a)
the person who has surrendered the knife under section
54(1) or from whom the knife has been seized under
section 54(2), or
(b)
any other person specified in regulations made under
30
subsection (5);
“knife” includes—
(a)
a knife-blade, and
(b)
any other article which—
(i)
has a blade or is sharply pointed, and
35
(ii)
is made or adapted for use for causing injury to
the person.”
(4)
In section 56(2)(a), after “section 55” insert “or section 55A”.
126
Retention of knives surrendered or seized (Northern Ireland)
(1)
Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is
40
amended as follows.
(2)
In paragraph 5 (power to retain articles surrendered or seized), after sub-

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
76

paragraph (3) add—
“(4)
This paragraph is subject to paragraph 5A.”
(3)
After paragraph 5 insert—
“5A
Retention of knives surrendered or seized
(1)
This paragraph applies where a knife is surrendered to a court security
5
officer in response to a request under paragraph 4(1) or seized by a
court security officer under paragraph 4(2).
(2)
Paragraph 5 does not apply.
(3)
The knife must be retained in accordance with regulations under sub-
paragraph (5), unless returned or disposed of in accordance with those
10
regulations or regulations made under paragraph 6.
(4)
If a court security officer reasonably believes that a retained knife may
be evidence of, or in relation to, an offence, nothing in sub-paragraph
(3) prevents the officer retaining the knife for so long as necessary to
enable the court security officer to draw it to the attention of a
15
constable.
(5)
Without prejudice to the generality of paragraph 6, the Lord Chancellor
must by regulations make provision as to—
(a)
the procedure to be followed when a knife is retained under this
paragraph;
20
(b)
the making of requests by eligible persons for the return of
knives so retained;
(c)
the procedure to be followed when returning a knife pursuant
to a request made in accordance with the regulations.
(6)
For the purposes of this paragraph—
25
“eligible person”, in relation to a knife retained under this
paragraph, means—
(a)
the person who has surrendered the knife under
paragraph 4(1) or from whom the knife has been seized
under paragraph 4(2), or
30
(b)
any other person specified in regulations made under
sub-paragraph (5);
“knife” includes—
(a)
a knife-blade, and
(b)
any other article which—
35
(i)
has a blade or which is sharply pointed, and
(ii)
is made or adapted for use for causing injury to
the person.”
(4)
In paragraph 6(2)(a), after “paragraph 5” insert “or paragraph 5A”.
127
Security in tribunal buildings
40
(1)
The Lord Chancellor may, by order—
(a)
authorise or require the Lord Chancellor, or such other person as may
be specified, to designate persons as security officers in relation to a
specified description of tribunal buildings;

Coroners and Justice Bill
Part 6 — Legal Aid
77

(b)
provide that Part 4 (other than section 51(1)) of the Courts Act 2003
(c. 39) (provisions relating to court security) applies in relation to a
specified description of tribunal buildings and security officers
designated in relation to tribunal buildings of that description as it
applies to court buildings and court security officers, subject to such
5
modifications as may be specified.
(2)
The provision which may be included in an order under subsection (1) by
virtue of section 155 (power to make consequential provision etc) includes
provision modifying any provision made by or under an Act (whenever
passed or made).
10
(3)
In this section—
“court building” has the meaning given by section 52(3) of the Courts Act
2003;
“modify” includes amend, add to, repeal or revoke (and modification is to
be construed accordingly);
15
“specified” means specified by an order under subsection (1);
“tribunal buildings” means any building, or part of a building, to which
the public have access (other than a court building)—
(a)
where the business of any tribunal mentioned in section 39(1) of
the Tribunals, Courts and Enforcement Act 2007 (c. 15) is
20
carried on, or
(b)
where the business of any other tribunal designated by the Lord
Chancellor, by order, is carried on.
Part 6
Legal Aid
25
Community Legal Service
128
Community Legal Service: pilot schemes
(1)
The Access to Justice Act 1999 (c. 22) is amended as follows.
(2)
In section 6 (services which may be funded), after subsection (8) insert—
“(8A)
The circumstances specified in a direction or authorisation under
30
subsection (8) may be circumstances described by reference to—
(a)
one or more areas or localities;
(b)
one or more descriptions of court or tribunal.
(8B)
A direction or authorisation under subsection (8) may provide that it
requires or authorises the Commission to fund the provision of services
35
only for—
(a)
one or more specified classes of person;
(b)
persons selected—
(i)
by reference to specified criteria; or
(ii)
on a sampling basis.”
40

Coroners and Justice Bill
Part 6 — Legal Aid
78

(3)
After section 8 insert—
“8A
Funding code: pilot provisions
(1)
The code may contain provisions (“pilot provisions”) which are to have
effect for a specified period not exceeding 3 years.
(2)
Pilot provisions may be expressed so as to apply only in relation to—
5
(a)
one or more specified areas or localities;
(b)
one or more specified descriptions of court or tribunal;
(c)
one or more specified descriptions of service that may be
provided as part of the Community Legal Service;
(d)
one or more specified classes of person;
10
(e)
persons selected—
(i)
by reference to specified criteria; or
(ii)
on a sampling basis.
(3)
Pilot provisions may disapply any other provision of the code in
relation to any of the matters mentioned in paragraphs (a) to (e) of
15
subsection (2).
(4)
The period for the time being specified in relation to pilot provisions
may be revised—
(a)
if the period is one of less than 3 years, so that it becomes a
longer period not exceeding 3 years;
20
(b)
so that it becomes a period which exceeds 3 years by such
amount as the Commission thinks necessary for the purpose of
securing that the pilot provisions remain in operation until the
coming into force of a revised code that contains similar
provisions that will have effect—
25
(i)
generally, or
(ii)
for purposes wider than those for which the pilot
provisions have effect.
(5)
If the code contains pilot provisions, the code may also contain
consequential or transitional provision with respect to the cessation of
30
the pilot provisions on the expiry of the specified period (or that period
as revised under subsection (4)).”
(4)
In section 9(5) (procedure relating to funding code) after “code”, in second
place it occurs, insert “or changes made in pursuance of section 8A”.
(5)
After section 11 insert—
35
“11A
Pilot schemes
(1)
This section applies to the following instruments—
(a)
any order under section 6(4) or 8(9),
(b)
any regulations under section 6(7), 7, 10 or 11, and
(c)
any regulations under section 22(5) having effect in relation to
40
the Community Legal Service.
(2)
Any instrument to which this section applies may be made so as to have
effect for a specified period not exceeding 3 years.
(3)
In the following provisions of this section—