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| |
| |
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| | (a) | an offence is “relevant” if the offence would constitute an offence under |
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| | the law of any part of the United Kingdom if it were done in that part at |
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| | the time of the conviction of the defendant for the current offence, |
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| | (b) | “member State service offence” means an offence which— |
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| | (i) | was the subject of proceedings under the service law of a |
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| | member State other than the United Kingdom, and |
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| | (ii) | would constitute an offence under the law of any part of the |
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| | United Kingdom, or a service offence (within the meaning of the |
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| | Armed Forces Act 2006), if it were done in any part of the United |
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| | Kingdom, by a member of Her Majesty’s forces, at the time of |
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| | the conviction of the defendant for the current offence, |
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| | (c) | “Her Majesty’s forces” has the same meaning as in the Armed Forces Act |
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| | |
| | (d) | “service law”, in relation to a member State other than the United |
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| | Kingdom, means the law governing all or any of the naval, military or air |
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| | |
| |
| | |
| Schedule 15, page 164, line 1, leave out ‘“, or’. |
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| |
| | |
| Schedule 15, page 164, line 4, at end insert ‘, or |
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| | (d) | a finding of guilt in respect of a member State service offence.”’. |
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| |
| | |
| Schedule 15, page 164, line 7, leave out ‘Isles or’ and insert ‘Islands and’. |
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| |
| | |
| Schedule 15, page 164, line 11, at end insert ‘or a member State service offence’. |
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| |
| | |
| Schedule 15, page 164, leave out lines 14 to 17 and insert— |
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| | ‘(5) | For the purposes of this section— |
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| | (a) | an offence is “relevant” if the offence would constitute an offence under |
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| | the law of any part of the United Kingdom if it were done in that part at |
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| | the time of the conviction in respect of the current offence, |
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| | (b) | “member State service offence” means an offence which— |
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| | (i) | was the subject of proceedings under the service law of a |
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| | member State other than the United Kingdom, and |
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| | (ii) | would constitute an offence under the law of any part of the |
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| | United Kingdom, or a service offence, if it were done in any part |
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| | of the United Kingdom, by a member of Her Majesty’s forces, at |
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| | the time of the conviction of the defendant for the current |
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| | |
| | (c) | “service law”, in relation to a member State other than the United |
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| | Kingdom, means the law governing all or any of the naval, military or air |
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| | |
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| |
| |
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| |
| | |
| Schedule 15, page 165, line 3, leave out ‘have constituted’ and insert ‘constitute’. |
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| |
| | |
| Schedule 15, page 165, line 4, leave out ‘had been’ and insert ‘were’. |
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| |
| | |
| Schedule 15, page 165, line 5, leave out ‘trial’ and insert ‘conviction’. |
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| |
| | |
| Schedule 15, page 165, line 5, at end insert— |
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| | ‘() | In subsection (8) (as inserted by Schedule 16 to the Armed Forces Act 2006 |
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| | |
| | (a) | in paragraph (a) for the words “within the meaning of the Armed |
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| | Forces Act 2006; and”, substitute “or a member State service |
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| | |
| | (b) | in paragraph (b) for “service disciplinary proceedings” substitute |
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| | “proceedings in respect of a service offence”, and |
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| | (c) | after that paragraph insert— |
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| | “(c) | “member State service offence” means an offence |
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| | |
| | (i) | was the subject of proceedings under the |
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| | service law of a member State other than the |
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| | |
| | (ii) | would constitute an offence under the law of |
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| | any part of the United Kingdom, or a service |
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| | offence, if it were done in any part of the |
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| | United Kingdom, by a member of Her |
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| | Majesty’s forces, at the time of the conviction |
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| | of the defendant for the current offence; |
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| | (d) | “Her Majesty’s forces” has the same meaning as in |
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| | the Armed Forces Act 2006; |
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| | (e) | “service law”, in relation to a member State other than |
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| | the United Kingdom, means the law governing all or |
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| | any of the naval, military or air forces of that State; |
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| | (f) | “service offence” has the same meaning as in the |
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| | Armed Forces Act 2006.”’. |
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| |
| | |
| Schedule 15, page 165, line 5, at end insert— |
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| | ‘8A(1) | Section 270B of the Armed Forces Act 2006 (c. 52) (community punishment |
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| | for offender previously fined) is amended as follows. |
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| | (2) | In subsection (6) omit “or” at the end of paragraph (a) and insert— |
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| | “(aa) | a conviction by a court in any member State other than the |
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| | United Kingdom of a relevant offence; or”. |
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| | |
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| |
| |
|
| | (a) | in paragraph (a) after “offence” insert “or a member State service |
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| | |
| | (b) | in paragraph (b) for “such proceedings” substitute “proceedings in |
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| | respect of a service offence”; |
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| | (c) | after that paragraph insert— |
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| | “(c) | “relevant offence” means an offence that would |
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| | constitute an offence under the law of any part of the |
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| | United Kingdom if it were done in that part at the time |
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| | of the conviction of the defendant for the current |
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| | |
| | (d) | “member State service offence” means an offence |
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| | |
| | (i) | was the subject of proceedings under the |
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| | service law of a member State other than the |
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| | |
| | (ii) | would constitute an offence under the law of |
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| | any part of the United Kingdom, or a service |
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| | offence, if it were done in any part of the |
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| | United Kingdom, by a member of Her |
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| | Majesty’s forces, at the time of the conviction |
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| | of the defendant for the current offence; |
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| | (e) | “the service law of a member State other than the |
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| | United Kingdom” means the law governing all or any |
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| | of the naval, military or air forces of that State.”’. |
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| |
| | |
| Schedule 15, page 167, leave out lines 12 and 13 and insert— |
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| | ‘“corresponding drug trafficking offence” means an offence within section |
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| | |
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| | |
| Schedule 15, page 167, line 15, at end insert— |
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| | ‘() | In section 114 (offences under service law) (as substituted by Schedule 16 to |
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| | the Armed Forces Act 2006 (c. 52))— |
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| | (a) | after subsection (1) insert— |
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| | |
| | (a) | a person has at any time been found guilty of a member State |
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| | |
| | (b) | the corresponding UK offence was a class A drug trafficking |
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| | offence or a domestic burglary, |
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| | | the relevant section of this Chapter and subsection (1) above shall have |
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| | effect as if the person had at that time been convicted in England and |
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| | Wales of that corresponding UK offence. |
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| | (1B) | For the purposes of subsection (1A)— |
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| | (a) | “member State service offence” means an offence which— |
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| | (i) | was the subject of proceedings under the service law |
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| | of a member State other than the United Kingdom, |
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| | (ii) | at the time it was done would have constituted an |
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| | offence under the law of any part of the United |
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| |
| |
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| | Kingdom, or an offence under section 42 of the |
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| | Armed Forces Act 2006, if it had been done in any |
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| | part of the United Kingdom by a member of Her |
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| | Majesty’s forces (“the corresponding UK offence”); |
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| | (b) | “Her Majesty’s forces” has the same meaning as in the Armed |
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| | |
| | (c) | “service law”, in relation to a member State other than the |
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| | United Kingdom, means the law governing all or any of the |
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| | naval, military or air forces of that State.”, and |
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| | (b) | after subsection (3) insert— |
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| | |
| | (a) | the corresponding UK offence is an offence under |
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| | section 42 of the Armed Forces Act 2006 by reason of |
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| | section 43, 45, 46 or 47 of that Act (attempting, |
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| | conspiring to commit, inciting, aiding, abetting, |
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| | counselling or procuring criminal conduct); and |
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| | (b) | the act to which it relates (“the contemplated act”) is |
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| | not an act that is (or that if done would have been) |
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| | punishable by the law of England and Wales; |
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| | | for the purposes of subsections (1A) and (1B) it must be |
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| | assumed that the contemplated act amounted to the offence |
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| | under the law of England and Wales that it would have |
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| | amounted to if it had been the equivalent act in England or |
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| | |
| |
| | |
| Schedule 15, page 167, leave out lines 17 to 20 and insert— |
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| | ‘10 | In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing |
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| | custodial sentence or service detention on unrepresented offender)— |
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| | (a) | at the end of subsection (2)(b) insert “, or sentenced to detention by a |
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| | court in any other member State or for a member State service |
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| | |
| | (b) | at the end of subsection (6)(b) insert— |
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| | “(c) | “member State service offence” means an offence |
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| | |
| | (i) | was the subject of proceedings under the |
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| | service law of a member State other than the |
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| | |
| | (ii) | at the time it was done, would have |
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| | constituted an offence in any part of the |
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| | United Kingdom, or a service offence, if it |
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| | had been done in any part of the United |
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| | Kingdom by a member of Her Majesty’s |
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| | |
| | (d) | “service law”, in relation to a member State other than |
|
| | the United Kingdom, means the law governing all or |
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| | any of the naval, military or air forces of that State.”’. |
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| |
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| |
| |
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| |
| | |
| Clause 137, page 87, line 38, leave out ‘subsection (2)(c) of that section’ and insert |
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| ‘section 135(2)(c)(i) or (ii)’. |
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| |
| |
| | |
| Clause 142, page 90, line 30, leave out ‘third parties,’ and insert ‘a person other |
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| |
| |
| |
| | |
| Clause 144, page 92, line 9, leave out subsections (1) to (4) and insert— |
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| | ‘(1) | Where an exploitation proceeds order has been made in respect of exploitation |
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| | proceeds obtained by the respondent from a relevant offence, the order ceases to |
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| | |
| | |
| | (i) | is within section 137(1)(a), or |
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| | (ii) | is within section 137(1)(c) by virtue of it being associated with |
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| | an offence within section 137(1)(a), |
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| | | the respondent’s conviction for the offence within section 137(1)(a) is |
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| | |
| | |
| | (i) | was taken into consideration by a court in determining the |
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| | sentence imposed on the respondent for an offence within |
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| | |
| | (ii) | is within section 137(1)(c) by virtue of it being associated with |
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| | an offence so taken into consideration, |
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| | | the respondent’s conviction for the offence within section 137(1)(a) is |
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| | |
| | (2) | Where an exploitation proceeds order has been made in respect of exploitation |
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| | proceeds obtained by the respondent from 2 or more relevant offences, the order |
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| | ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to |
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| | |
| | (3) | Where an exploitation proceeds order ceases to have effect under subsection (1) |
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| | or (2), the court must, on the application of the respondent (or the respondent’s |
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| | personal representative), order the Secretary of State to repay to the respondent |
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| | (or the personal representative) the recovered amount. |
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| | (4) | Subsection (4A) applies where an exploitation proceeds order has been made if— |
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| | (a) | where the order was made in respect of exploitation proceeds obtained by |
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| | 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 |
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| | |
| | (b) | where the order was made in respect of exploitation proceeds obtained by |
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| | the respondent from a relevant offence within section 137(1)(c) (whether |
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| | alone or together with other relevant offences), another person has been |
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| | convicted of that offence and that conviction is subsequently quashed. |
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| |
| |
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| | (4A) | On the application of the respondent (or the respondent’s personal |
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| | representative), the court may— |
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| | (a) | determine that the exploitation proceeds order is to cease to have effect, |
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| | |
| | (b) | reduce the recoverable amount by such amount (if any) as it considers |
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| | |
| | (4B) | Where the exploitation proceeds order ceases to have effect under subsection |
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| | (4A)(a), the court must order the Secretary of State to repay to the respondent (or |
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| | the respondent’s personal representative) the recovered amount. |
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| | (4C) | Where the court reduces the recoverable amount under subsection (4A)(b), if the |
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| | recovered amount exceeds the reduced recoverable amount, the court must order |
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| | the Secretary of State to repay to the respondent (or the respondent’s personal |
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| | representative) that excess.’. |
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| |
| | |
| Clause 144, page 92, line 33, leave out ‘(2)(b) or (4)(c)’ and insert ‘(3), (4B) or |
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| |
| |
| | |
| Clause 144, page 92, line 34, leave out ‘respondent’ and insert ‘recipient’. |
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| |
| | |
| 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 |
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| | finding, in relation to the offence, of the kind mentioned in section |
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| | 134(2)(b) or (c) or (3)(a)(ii) or (iii) or section 135(2)(b) or (3), and’. |
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| |
| | |
| Clause 144, page 93, line 1, leave out ‘in this section’. |
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| |
| | |
| Clause 144, page 93, line 26, leave out from ‘order’ to end of line 27 and insert ‘, |
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| reduced by any amount already repaid under subsection (4C) and disregarding any |
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| interest paid under section 133(6).’. |
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| |
| |
| | |
| Clause 155, page 109, line 32, at end insert— |
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| | ‘( ) | The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the |
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| | Chief Coroner under section 28 to make regulations as if the Chief Coroner were |
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| | a Minister of the Crown.’. |
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|
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| |
| |
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| |
| | |
| Clause 155, page 110, line 13, leave out ‘or 29’ and insert ‘, 29 or 30’. |
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| |
| |
| | |
| Schedule 19, page 196, line 26, at end insert— |
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| | |
| | |
| | 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— |
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| | “(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 |
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| | 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 |
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| | 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) |
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| | (powers of Court which are exercisable by single judge), after subsection (3D) |
|
| | |
| | “(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.”’. |
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| |
| | |
| Schedule 19, page 205, line 11, at end insert— |
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| | ‘Criminal Justice and Immigration Act 2008 (c. 4) |
|
| | 86 (1) | The Criminal Justice and Immigration Act 2008 (c. 4) is amended as follows. |
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| | (2) | In section 11(6) and (7) for “(1A)(b)” substitute “(1A)(c)”. |
|
| | (3) | In paragraph 76 of Schedule 4— |
|
|