Public Bill Committee: 24 February 2009

203

Coroners and Justice Bill, continued

community sentences as he advises Parliament, and it considers, necessary in the

light of such assessments.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

233

Page  66,  line  41,  leave out Clause 109.

Bridget Prentice

298

Clause  110,  page  67,  leave out line 23 and insert—

‘(a)	the frequency with which, and extent to which, courts depart from

sentencing guidelines;’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

234

Page  67,  line  16,  leave out Clause 110.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

235

Page  67,  line  34,  leave out Clause 111.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

236

Page  68,  line  7,  leave out Clause 112.

Public Bill Committee: 24 February 2009

204

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

237

Page  68,  line  15,  leave out Clause 113.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

238

Page  69,  line  1,  leave out Clause 114.

Bridget Prentice

299

Clause  115,  page  69,  line  38,  leave out from ‘may’ to end of line 39 and insert

‘provide the Council with such assistance as it requests in connection with the

performance of its functions.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

239

Page  69,  line  37,  leave out Clause 115.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

240

Page  69,  line  40,  leave out Clause 116.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

241

Page  70,  line  17,  leave out Clause 117.

Public Bill Committee: 24 February 2009

205

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

242

Page  70,  line  21,  leave out Clause 118.

Alun Michael

156

Clause  122,  page  73,  leave out line 35.

Alun Michael

163

Clause  122,  page  73,  leave out line 36.

Alun Michael

157

Clause  122,  page  74,  line  3,  at end insert ‘who shall lay a copy of the report before

Parliament.’.

Bridget Prentice

300

Schedule  15,  page  160,  line  38,  at end insert—

‘(9)	For the purposes of subsection (10) “foreign service offence” means an offence

which—

(a)	was the subject of proceedings under the service law of a country outside

the United Kingdom, and

(b)	would constitute an offence under the law of England and Wales or a

service offence (“the corresponding domestic offence”) if it were done in

England and Wales by a member of Her Majesty’s forces at the time of

the trial for the offence with which the defendant is now charged (“the

current offence”).

(10)	Where a defendant has been found guilty of a foreign service offence (“the

previous service offence”), for the purposes of subsection (2)—

(a)	the previous service offence is an offence of the same description as the

current offence if the corresponding domestic offence is of that same

description, as set out in subsection (4)(a);

(b)	the previous service offence is an offence of the same category as the

current offence if the current offence and the corresponding domestic

offence belong to the same category of offences prescribed as mentioned

in subsection (4)(b).

(11)	In this section—

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

2006;

“service law”, in relation to a country outside the United Kingdom, means

the law governing all or any of the naval, military or air forces of that

country.”’.

Public Bill Committee: 24 February 2009

206

Coroners and Justice Bill, continued

Bridget Prentice

301

Schedule  15,  page  163,  line  6,  leave out ‘have constituted’ and insert ‘constitute’.

Bridget Prentice

302

Schedule  15,  page  163,  line  7,  leave out ‘had been’ and insert ‘were’.

Bridget Prentice

303

Schedule  15,  page  163,  line  18,  leave out ‘have constituted’ and insert ‘constitute’.

Bridget Prentice

304

Schedule  15,  page  163,  line  19,  leave out ‘had been’ and insert ‘were’.

Bridget Prentice

305

Schedule  15,  page  163,  line  26,  leave out ‘or’.

Bridget Prentice

306

Schedule  15,  page  163,  line  26,  at end insert—

‘(b)	after paragraph (b) insert “or

(c)	a finding of guilt in respect of a member State service

offence.”’.

Bridget Prentice

307

Schedule  15,  page  163,  leave out lines 36 to 39 and insert—

‘(6)	For the purposes of this section—

(a)	an offence is “relevant” if the offence would constitute an offence under

the law of any part of the United Kingdom if it were done in that part at

the time of the conviction of the defendant for the current offence,

(b)	“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)	would constitute an offence under the law of any part of the

United Kingdom, or a service offence (within the meaning of the

Armed Forces Act 2006), if it were done in any part of the United

Kingdom, by a member of Her Majesty’s forces, at the time of

the conviction of the defendant for the current offence,

(c)	“Her Majesty’s forces” has the same meaning as in the Armed Forces Act

2006, and

(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

308

Schedule  15,  page  164,  line  1,  leave out ‘“, or’.

Public Bill Committee: 24 February 2009

207

Coroners and Justice Bill, continued

Bridget Prentice

309

Schedule  15,  page  164,  line  4,  at end insert ‘, or

(d)	a finding of guilt in respect of a member State service offence.”’.

Bridget Prentice

310

Schedule  15,  page  164,  line  7,  leave out ‘Isles or’ and insert ‘Islands and’.

Bridget Prentice

311

Schedule  15,  page  164,  line  11,  at end insert ‘or a member State service offence’.

Bridget Prentice

312

Schedule  15,  page  164,  leave out lines 14 to 17 and insert—

‘(5)	For the purposes of this section—

(a)	an offence is “relevant” if the offence would constitute an offence under

the law of any part of the United Kingdom if it were done in that part at

the time of the conviction in respect of the current offence,

(b)	“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)	would constitute an offence under the law of any part of the

United Kingdom, or a service offence, if it were done in any part

of the United Kingdom, by a member of Her Majesty’s forces, at

the time of the conviction of the defendant for the current

offence, and

(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.”’.

Bridget Prentice

313

Schedule  15,  page  165,  line  3,  leave out ‘have constituted’ and insert ‘constitute’.

Bridget Prentice

314

Schedule  15,  page  165,  line  4,  leave out ‘had been’ and insert ‘were’.

Bridget Prentice

315

Schedule  15,  page  165,  line  5,  leave out ‘trial’ and insert ‘conviction’.

Bridget Prentice

316

Schedule  15,  page  165,  line  5,  at end insert—

‘()	In subsection (8) (as inserted by Schedule 16 to the Armed Forces Act 2006

(c. 52))—

(a)	in paragraph (a) for the words “within the meaning of the Armed

Forces Act 2006; and”, substitute “or a member State service

offence;”,

Public Bill Committee: 24 February 2009

208

Coroners and Justice Bill, continued

(b)	in paragraph (b) for “service disciplinary proceedings” substitute

“proceedings in respect of a service offence”, and

(c)	after that paragraph 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,

(ii)	would constitute an offence under the law of

any part of the United Kingdom, or a service

offence, if it were done in any part of the

United Kingdom, by a member of Her

Majesty’s forces, at the time of the conviction

of the defendant for the current offence;

(d)	“Her Majesty’s forces” has the same meaning as in

the Armed Forces Act 2006;

(e)	“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;

(f)	“service offence” has the same meaning as in the

Armed Forces Act 2006.”’.

Bridget Prentice

317

Schedule  15,  page  165,  line  5,  at end insert—

‘8A(1)

Section 270B of the Armed Forces Act 2006 (c. 52) (community punishment

for offender previously fined) is amended as follows.

(2)	In subsection (6) omit “or” at the end of paragraph (a) and insert—

“(aa)

a conviction by a court in any member State other than the

United Kingdom of a relevant offence; or”.

(3)	In subsection (10)—

(a)	in paragraph (a) after “offence” insert “or a member State service

offence”;

(b)	in paragraph (b) for “such proceedings” substitute “proceedings in

respect of a service offence”;

(c)	after that paragraph insert—

“(c)	“relevant offence” means an offence that would

constitute an offence under the law of any part of the

United Kingdom if it were done in that part at the time

of the conviction of the defendant for the current

offence;

(d)	“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)	would constitute an offence under the law of

any part of the United Kingdom, or a service

offence, if it were done in any part of the

United Kingdom, by a member of Her

Majesty’s forces, at the time of the conviction

of the defendant for the current offence;

Public Bill Committee: 24 February 2009

209

Coroners and Justice Bill, continued

(e)	“the service law of 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

318

Schedule  15,  page  167,  leave out lines 12 and 13 and insert—

‘“corresponding drug trafficking offence” means an offence within section

110(2A)(a)(ii);”.

Bridget Prentice

319

Schedule  15,  page  167,  line  15,  at end insert—

‘()	In section 114 (offences under service law) (as substituted by Schedule 16 to

the Armed Forces Act 2006 (c. 52))—

(a)	after subsection (1) insert—

“(1A)

Where—

(a)	a person has at any time been found guilty of a member State

service offence, and

(b)	the corresponding UK offence was a class A drug trafficking

offence or a domestic burglary,

the relevant section of this Chapter and subsection (1) above shall have

effect as if the person had at that time been convicted in England and

Wales of that corresponding UK offence.

(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

---

Revised 24 February 2009