House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 12 February 2009
123

Coroners and Justice Bill, continued

Bridget Prentice

338

Clause  161,  page  113,  line  43,  at end insert—

‘( )
paragraphs 59A to 59C of Schedule 19 (and section 156(1) so far as

relating to those provisions);’.

Bridget Prentice

339

Clause  161,  page  113,  line  44,  after ‘16’, insert ‘, 16A, 16B’.

Bridget Prentice

340

Clause  161,  page  113,  line  44,  after ‘17’, insert ‘and 17A’.

Bridget Prentice

341

Schedule  19,  page  196,  line  26,  at end insert—

‘Part 3A

Witness anonymity orders

Criminal Appeal Act 1968 (c. 19)

59A
In section 31 of the Criminal Appeal Act 1968 (c. 19) (powers of Court which

are exercisable by single judge), after subsection (2E) insert—

“(2F)
The power of the Court of Appeal to make a witness anonymity order

under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 or to

discharge or vary a witness anonymity order under section 76 of that

Act may be exercised by a single judge in the same manner as it may

be exercised by the Court.”

Court Martial Appeals Act 1968 (c. 20)

59B
In section 36 of the Court Martial Appeals Act 1968 (powers of Court which

are exercisable by single judge), in subsection (1), after paragraph (j) (as

inserted by Schedule 8 to the Armed Forces Act 2006 (c. 52)) insert—

“(k)
to make a witness anonymity order under Chapter 2 of Part 3

of the Coroners and Justice Act 2009 or to discharge or vary a

witness anonymity order under section 76 of that Act;”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

59C
In section 45 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

(powers of Court which are exercisable by single judge), after subsection (3D)

insert—

“(3E)
The power of the Court of Appeal to make a witness anonymity order

under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 or to

discharge or vary a witness anonymity order under section 76 of that

Act may be exercised by a single judge in the same manner as it may

be exercised by the Court.”’.

Notices of Amendments: 12 February 2009
124

Coroners and Justice Bill, continued

Bridget Prentice

342

Schedule  19,  page  205,  line  11,  at end insert—

‘Criminal Justice and Immigration Act 2008 (c. 4)

86  (1)
The Criminal Justice and Immigration Act 2008 (c. 4) is amended as follows.

      (2)
In section 11(6) and (7) for “(1A)(b)” substitute “(1A)(c)”.

      (3)
In paragraph 76 of Schedule 4—

(a)
in sub-paragraph (3) for “(1A)(a)” substitute “(1A)(b)”;

(b)
in sub-paragraph (5)(b) and (6) for “(1A)(b)” (in each place it occurs)

substitute “(1A)(c)”.’.

Bridget Prentice

343

Schedule  20,  page  206,  line  16,  at end insert—

‘(3A)
A person who—

(a)
becomes an assistant coroner as the result of sub-paragraph (3), and

(b)
would accordingly (but for this sub-paragraph) be entitled to fees

under paragraph 16 of Schedule 3,


is instead entitled to a salary under paragraph 15 of that Schedule if

immediately before becoming an assistant coroner he or she was a deputy

coroner remunerated by a salary.

    (3B)
Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area

coroner included a reference to a person within sub-paragraph (3A).’.

Bridget Prentice

344

Schedule  20,  page  209,  line  8,  at end insert—

‘
In section 61(11A)(a) the reference to 12 months is to be read as a reference to

6 months in relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003 (c. 44).’.

Bridget Prentice

345

Schedule  20,  page  209,  line  32,  leave out ‘section 6 of’.

Bridget Prentice

346

Schedule  20,  page  210,  line  9,  at beginning insert ‘In this paragraph—

“appeal court” has the meaning given by section 11 of the 2008 Act;’.

Bridget Prentice

347

Schedule  20,  page  210,  line  10,  at end insert—

‘16A (1)
Section 75 of this Act has effect with the modifications made by this paragraph

for the purposes of discharging or varying—

(a)
a witness anonymity order made under the Criminal Evidence

(Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted

under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or

Notices of Amendments: 12 February 2009
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Coroners and Justice Bill, continued

(b)
a witness anonymity order made under Chapter 2 of Part 3 of this Act

by a court-martial constituted under any of those Acts.

      (2)
The references in section 75(2) to (5) to the court that made the order are to be

treated—

(a)
until the coming into force of the Armed Forces Act 2006 (c. 52), as

references to a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or,

as the case may be, the Naval Discipline Act 1957 (c. 53), and

(b)
after the coming into force of the Armed Forces Act 2006 (c. 52), as

references to the Court Martial established under that Act.

16B(1)
Notwithstanding section 80, references in Chapter 2 of Part 3 of this Act to a

service court are to be treated as including a reference to—

(a)
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2

c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53);

(b)
the Summary Appeal Court established by any of those Acts;

(c)
a Standing Civilian Court established under the Armed Forces Act

1976 (c. 52);

(d)
the Courts-Martial Appeal Court.

      (2)
Notwithstanding subsection (6) of section 76 of this Act, the references in

section 76 to an appeal court are to be treated as including a reference to the

Courts-Martial Appeal Court.

      (3)
Each of the provisions mentioned in sub-paragraph (4) has effect with the

modification set out in that sub-paragraph in a case where—

(a)
a witness anonymity order is made under Chapter 2 of Part 3 of this

Act by a relevant service court to which that provision applies, and

(b)
a person does anything in relation to the order which would, if the

court had been a court of law having power to commit for contempt,

have been contempt of that court.

      (4)
In such a case—

(a)
section 101(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) has effect

with the omission of the words “not subject to military law”;

(b)
section 101(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) has

effect with the omission of the words “not subject to air-force law”;

and

(c)
section 65(1) of the Naval Discipline Act 1957 (c. 53) has effect with

the omission of the words “not subject to this Act”.

      (5)
In sub-paragraph (3) “relevant service court” means—

(a)
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2

c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53);

(b)
the Summary Appeal Court established by any of those Acts.’.

Bridget Prentice

348

Schedule  20,  page  210,  line  16,  at end insert—

‘17A (1)
If paragraph 59B of Schedule 19 to this Act comes into force before the

commencement of the Armed Forces Act 2006 (c. 52), the reference in

paragraph 59B to the Court Martial Appeals Act 1968 (c. 20) is to be read as a

reference to the Courts-Martial (Appeals) Act 1968 (c. 20).

      (2)
Until the coming into force of the Armed Forces Act 2006 (c. 52), section

36(1) of the Courts-Martial (Appeals) Act 1968 (c. 20) has effect as if for the

Notices of Amendments: 12 February 2009
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Coroners and Justice Bill, continued

words “under this Part of this Act” there were substituted “under this Part of

this Act or under Chapter 2 of Part 3 of the Coroners and Justice Act 2009”.’.

Bridget Prentice

349

Schedule  20,  page  210,  line  36,  leave out ‘reference in paragraph’ and insert

‘references in paragraphs 21A and’.

Bridget Prentice

350

Schedule  20,  page  210,  line  38,  leave out ‘includes’ and insert ‘include’.

Bridget Prentice

351

Schedule  20,  page  214,  line  24,  at end insert—

‘36A (1)
Except as provided by this paragraph—

(a)
section 37(5A) of the 1991 Act (as inserted by section [Transfer to

Parole Board of certain functions under the Criminal Justice Act

1991](3)(b) of this Act) applies to prisoners released on licence under

section 35(1) of that Act before (as well as after) commencement, and

(b)
the repeal by this Act of section 37(5) and (6) of that Act applies to

such prisoners and to prisoners released on licence under section

33(2), (3) or (3A) of that Act before (as well as after) commencement.

      (2)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its

continued application to a prisoner where—

(a)
the prisoner is released on licence after commencement under section

33(2), (3) or (3A) or 35(1) of that Act, but

(b)
the Parole Board has before commencement exercised the function

under section 37(5) of that Act of making recommendations as to any

condition to be included or inserted as a condition in the prisoner’s

licence (including by making a recommendation that no condition

should be included in that licence).

      (3)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its

continued application to a prisoner where, before commencement—

(a)
the prisoner has been released on licence under section 33(2), (3) or

(3A) or 35(1) of that Act, and

(b)
the Parole Board has exercised the function under section 37(5) of that

Act of—

(i)
making recommendations as to the inclusion or insertion of a

condition in the prisoner’s licence (including by making a

recommendation that no condition should be included in that

licence), or

(ii)
making recommendations as to the variation or cancellation of

any such condition (including a recommendation that the

condition should not be varied or cancelled).

      (4)
Nothing in this paragraph applies to a person whose licence has, before

commencement, ceased to be in force by virtue of section 37(1) of the 1991

Act.

      (5)
In this section—

(a)
“commencement” means the commencement of section [Transfer to

Parole Board of certain functions under the Criminal Justice Act

1991](3);

Notices of Amendments: 12 February 2009
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Coroners and Justice Bill, continued

(b)
“the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it

continues to apply to persons sentenced for offences committed before

4 April 2005);

(c)
the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act

includes a reference to that provision as modified (for certain long-

term prisoners) by the Parole Board (Transfer of Functions) Order

1998 (S.I. 1998/3218);

(d)
the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are

to that provision as so modified;

(e)
the references in sub-paragraphs (2) and (3) to section 37(5) of the

1991 Act are to that provision as so modified.’.

Bridget Prentice

352

Schedule  21,  page  218,  line  37,  at end insert—

‘Criminal Justice Act 1991 (c. 53)
Section 37(5) and (6).

Section 50.’.

Bridget Prentice

353

Schedule  21,  page  219,  line  9,  at end insert—

‘Criminal Justice and Immigration
Section 27.’.

Act 2008 (c.4)

Bridget Prentice

354

Schedule  21,  page  219,  line  9,  at end insert—

‘In section 270B—

(a)
in subsection (6), the “or” following

paragraph (a);

(b)
in subsection (10), the “and” following

paragraph (a).’.

Public interest immunity

Bridget Prentice

NC30

To move the following Clause:—

‘Nothing in this Chapter affects the common law rules as to the withholding of

information on the grounds of public interest immunity.’.

Transfer to Parole Board of certain functions under the Criminal Justice Act 1991

Bridget Prentice

NC31

To move the following Clause:—

Notices of Amendments: 12 February 2009
128

Coroners and Justice Bill, continued

‘(1)
Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons

sentenced for offences committed before 4th April 2005) is amended as follows.

(2)
In section 35 (power to release long-term prisoners), for subsection (1)

substitute—

“(1)
After a long-term prisoner has served one-half of his sentence, the

Secretary of State shall, if recommended to do so by the Board, release

him on licence.”

(3)
In section 37 (duration and conditions of licences)—

(a)
omit subsection (5),

(b)
after that subsection insert—

“(5A)
The Secretary of State shall not include on release, or

subsequently insert, a condition in the licence of a long-term

prisoner to whom section 35(1) applies, or vary or cancel any

such condition, except in accordance with recommendations of

the Board.”, and

(c)
omit subsection (6).

(4)
The reference in subsection (2) above to section 35(1) and the reference in

subsection (3)(a) above to section 37(5) each includes a reference to that

provision as modified (for certain long-term prisoners) by the Parole Board

(Transfer of Functions) Order 1998 (S.I. 1998/3218).’.