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Public Bill Committee: 3 March 2009                     

380

 

Coroners and Justice Bill, continued

 
 

(1B)    

For the purposes of subsection (1A)—

 

(a)    

“member State service offence” means an offence which—

 

(i)    

was the subject of proceedings under the service law

 

of a member State other than the United Kingdom,

 

(ii)    

at the time it was done would have constituted an

 

offence under the law of any part of the United

 

Kingdom, or an offence under section 42 of the

 

Armed Forces Act 2006, if it had been done in any

 

part of the United Kingdom by a member of Her

 

Majesty’s forces (“the corresponding UK offence”);

 

(b)    

“Her Majesty’s forces” has the same meaning as in the Armed

 

Forces Act 2006;

 

(c)    

“service law”, in relation to a member State other than the

 

United Kingdom, means the law governing all or any of the

 

naval, military or air forces of that State.”, and

 

(b)    

after subsection (3) insert—

 

“(4)    

Where—

 

(a)    

the corresponding UK offence is an offence under

 

section 42 of the Armed Forces Act 2006 by reason of

 

section 43, 45, 46 or 47 of that Act (attempting,

 

conspiring to commit, inciting, aiding, abetting,

 

counselling or procuring criminal conduct); and

 

(b)    

the act to which it relates (“the contemplated act”) is

 

not an act that is (or that if done would have been)

 

punishable by the law of England and Wales;

 

    

for the purposes of subsections (1A) and (1B) it must be

 

assumed that the contemplated act amounted to the offence

 

under the law of England and Wales that it would have

 

amounted to if it had been the equivalent act in England or

 

Wales.”’.

 

Bridget Prentice

 

320

 

Schedule  15,  page  167,  leave out lines 17 to 20 and insert—

 

‘10      

In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing

 

custodial sentence or service detention on unrepresented offender)—

 

(a)    

at the end of subsection (2)(b) insert “, or sentenced to detention by a

 

court in any other member State or for a member State service

 

offence”, and

 

(b)    

at the end of subsection (6)(b) insert—

 

“(c)    

“member State service offence” means an offence

 

which—

 

(i)    

was the subject of proceedings under the

 

service law of a member State other than the

 

United Kingdom, and

 

(ii)    

at the time it was done, would have

 

constituted an offence in any part of the

 

United Kingdom, or a service offence, if it

 

had been done in any part of the United

 

Kingdom by a member of Her Majesty’s

 

forces;


 
 

Public Bill Committee: 3 March 2009                     

381

 

Coroners and Justice Bill, continued

 
 

(d)    

“service law”, in relation to a member State other than

 

the United Kingdom, means the law governing all or

 

any of the naval, military or air forces of that State.”’.

 


 

Bridget Prentice

 

321

 

Clause  137,  page  87,  line  38,  leave out ‘subsection (2)(c) of that section’ and insert

 

‘section 135(2)(c)(i) or (ii)’.

 


 

Bridget Prentice

 

322

 

Clause  142,  page  90,  line  30,  leave out ‘third parties,’ and insert ‘a person other

 

than the respondent,’.

 


 

Bridget Prentice

 

323

 

Clause  144,  page  92,  line  9,  leave out subsections (1) to (4) and insert—

 

‘(1)    

Where an exploitation proceeds order has been made in respect of exploitation

 

proceeds obtained by the respondent from a relevant offence, the order ceases to

 

have effect if—

 

(a)    

where that offence—

 

(i)    

is within section 137(1)(a), or

 

(ii)    

is within section 137(1)(c) by virtue of it being associated with

 

an offence within section 137(1)(a),

 

    

the respondent’s conviction for the offence within section 137(1)(a) is

 

subsequently quashed, or

 

(b)    

where that offence—

 

(i)    

was taken into consideration by a court in determining the

 

sentence imposed on the respondent for an offence within

 

section 137(1)(a), or

 

(ii)    

is within section 137(1)(c) by virtue of it being associated with

 

an offence so taken into consideration,

 

    

the respondent’s conviction for the offence within section 137(1)(a) is

 

subsequently quashed.

 

(2)    

Where an exploitation proceeds order has been made in respect of exploitation

 

proceeds obtained by the respondent from 2 or more relevant offences, the order

 

ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to

 

each of those offences.

 

(3)    

Where an exploitation proceeds order ceases to have effect under subsection (1)

 

or (2), the court must, on the application of the respondent (or the respondent’s

 

personal representative), order the Secretary of State to repay to the respondent

 

(or the personal representative) the recovered amount.

 

(4)    

Subsection (4A) applies where an exploitation proceeds order has been made if—


 
 

Public Bill Committee: 3 March 2009                     

382

 

Coroners and Justice Bill, continued

 
 

(a)    

where the order was made in respect of exploitation proceeds obtained by

 

the respondent from 2 or more relevant offences, paragraph (a) or (b) of

 

subsection (1) applies in relation to one or more, but not all, of those

 

offences, or

 

(b)    

where the order was made in respect of exploitation proceeds obtained by

 

the respondent from a relevant offence within section 137(1)(c) (whether

 

alone or together with other relevant offences), another person has been

 

convicted of that offence and that conviction is subsequently quashed.

 

(4A)    

On the application of the respondent (or the respondent’s personal

 

representative), the court may—

 

(a)    

determine that the exploitation proceeds order is to cease to have effect,

 

or

 

(b)    

reduce the recoverable amount by such amount (if any) as it considers

 

just and reasonable.

 

(4B)    

Where the exploitation proceeds order ceases to have effect under subsection

 

(4A)(a), the court must order the Secretary of State to repay to the respondent (or

 

the respondent’s personal representative) the recovered amount.

 

(4C)    

Where the court reduces the recoverable amount under subsection (4A)(b), if the

 

recovered amount exceeds the reduced recoverable amount, the court must order

 

the Secretary of State to repay to the respondent (or the respondent’s personal

 

representative) that excess.’.

 

Bridget Prentice

 

324

 

Clause  144,  page  92,  line  33,  leave out ‘(2)(b) or (4)(c)’ and insert ‘(3), (4B) or

 

(4C)’.

 

Bridget Prentice

 

325

 

Clause  144,  page  92,  line  34,  leave out ‘respondent’ and insert ‘recipient’.

 

Bridget Prentice

 

326

 

Clause  144,  page  93,  line  1,  at beginning insert ‘In this section—

 

(a)    

any reference to a conviction for an offence includes a reference to a

 

finding, in relation to the offence, of the kind mentioned in section

 

134(2)(b) or (c) or (3)(a)(ii) or (iii) or section 135(2)(b) or (3), and’.

 

Bridget Prentice

 

327

 

Clause  144,  page  93,  line  1,  leave out ‘in this section’.

 

Bridget Prentice

 

328

 

Clause  144,  page  93,  line  26,  leave out from ‘order’ to end of line 27 and insert ‘,

 

reduced by any amount already repaid under subsection (4C) and disregarding any

 

interest paid under section 133(6).’.

 



 
 

Public Bill Committee: 3 March 2009                     

383

 

Coroners and Justice Bill, continued

 
 

Bridget Prentice

 

329

 

Clause  155,  page  109,  line  32,  at end insert—

 

‘( )    

The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the

 

Chief Coroner under section 28 to make regulations as if the Chief Coroner were

 

a Minister of the Crown.’.

 

Bridget Prentice

 

330

 

Clause  155,  page  110,  line  13,  leave out ‘or 29’ and insert ‘, 29 or 30’.

 


 

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.”’.


 
 

Public Bill Committee: 3 March 2009                     

384

 

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

 

30

 

Schedule  20,  page  206,  line  37,  at end insert—

 

‘Investigation by former coroner

 

            

A person who—

 

(a)    

was appointed as a coroner under section 1 of the 1988 Act, and

 

(b)    

ceased to hold office as such before the coming into force of the repeal

 

by this Act of that section,

 

            

is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having

 

held office as a senior coroner.’.

 

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’.


 
 

Public Bill Committee: 3 March 2009                     

385

 

Coroners and Justice Bill, continued

 
 

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

 

(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—


 
 

Public Bill Committee: 3 March 2009                     

386

 

Coroners and Justice Bill, continued

 
 

(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

 

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—


 
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