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Session 2008 - 09
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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—

 
 

 
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