Public Bill Committee: 24 February 2009

210

Coroners and Justice Bill, continued

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;

(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—

Public Bill Committee: 24 February 2009

211

Coroners and Justice Bill, continued

‘(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—

(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)’.

Public Bill Committee: 24 February 2009

212

Coroners and Justice Bill, continued

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).’.

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

Public Bill Committee: 24 February 2009

213

Coroners and Justice Bill, continued

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.”’.

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).’.

Public Bill Committee: 24 February 2009

214

Coroners and Justice Bill, continued

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’.

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);

Public Bill Committee: 24 February 2009

215

Coroners and Justice Bill, continued

(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

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—

Public Bill Committee: 24 February 2009

216

Coroners and Justice Bill, continued

‘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);

(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.’.

---

Revised 24 February 2009