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(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

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

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Coroners and Justice Bill, continued

(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);

(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.’.

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Coroners and Justice Bill, continued

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).’.

Bridget Prentice

353

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

	‘Criminal Justice and Immigration	Section 27.’.
	Act 2008 (c.4)

Bridget Prentice

331

Clause  160,  page  112,  line  16,  at end insert ‘(except sections 136(1) and (2), 148(2)

and 149 and Schedule 17)’.

Bridget Prentice

332

Clause  160,  page  112,  line  29,  after ‘8’, insert ‘, 13(2)’.

Bridget Prentice

333

Clause  160,  page  112,  line  34,  leave out ‘Paragraph 30’ and insert ‘Paragraphs 29

and 30’.

Bridget Prentice

334

Clause  160,  page  113,  line  5,  after ‘3,’, insert ‘and paragraph 59B of Schedule 19’.

Bridget Prentice

335

Clause  160,  page  113,  line  5,  after ‘16’, insert ‘, 16A, 16B’.

Bridget Prentice

336

Clause  160,  page  113,  line  5,  after ‘17’, insert ‘and 17A’.

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Coroners and Justice Bill, continued

Bridget Prentice

337

Clause  161,  page  113,  line  17,  leave out ‘85’ and insert ‘86’.

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’.

NEW CLAUSES

Anonymity in investigations: 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:—

‘(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—

---

Revised 10 March 2009