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Public Bill Committee: 26 February 2009                  

292

 

Coroners and Justice Bill, continued

 
 

(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’.

 

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.”’.


 
 

Public Bill Committee: 26 February 2009                  

293

 

Coroners and Justice Bill, continued

 
 

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;”,

 

(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)—


 
 

Public Bill Committee: 26 February 2009                  

294

 

Coroners and Justice Bill, continued

 
 

(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;

 

(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


 
 

Public Bill Committee: 26 February 2009                  

295

 

Coroners and Justice Bill, continued

 
 

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;

 

(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.”’.

 



 
 

Public Bill Committee: 26 February 2009                  

296

 

Coroners and Justice Bill, continued

 
 

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—

 

(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.


 
 

Public Bill Committee: 26 February 2009                  

297

 

Coroners and Justice Bill, continued

 
 

(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).’.

 


 

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.’.


 
 

Public Bill Committee: 26 February 2009                  

298

 

Coroners and Justice Bill, continued

 
 

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.”’.

 

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—


 
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