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| Page 70, line 17, leave out Clause 117. |
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| Page 70, line 21, leave out Clause 118. |
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| Schedule 14, page 151, line 36, at end insert— |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| Schedule 14, page 153, line 4, at end insert— |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| Schedule 14, page 153, line 37, at end insert— |
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| | ‘(4) | After section 35B (as inserted by sub-paragraph (3)) insert— |
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| | “35C | Extension of disqualification of person already disqualified |
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| | (1) | This section applies where a person— |
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| | (a) | is convicted in England and Wales of an offence for which the |
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| | court orders the person to be disqualified under section 34 or 35, |
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| | (b) | is still subject to a period of disqualification which was |
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| | previously imposed and is still being served. |
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| | (2) | The order under section 34 or 35 may provide for the person to be |
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| | disqualified for the appropriate extension period, in addition to the |
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| | discretionary disqualification period. |
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| | (3) | The discretionary disqualification period is the period for which, in the |
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| | absence of this section, the court would have disqualified the person |
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| | (4) | The appropriate extension period is the period of disqualification |
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| | previously ordered under section 34 or 35, and still being served, less any |
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| | period already served.”.’. |
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| Schedule 14, page 154, line 16, at end insert— |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| Schedule 14, page 156, line 3, at end insert— |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| Schedule 14, page 157, line 44, at end insert— |
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| |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| Schedule 14, page 159, line 36, at end insert— |
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| | ‘(4A) | But the court must not, save where the interests of justice indicate otherwise, |
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| | sentence a person to be disqualified for an extension period unless it has |
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| | considered the effect that any such disqualification will, or is likely to, have in |
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| | all the circumstances of the case on that person’s prospects of rehabilitation, |
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| | employment, finding accommodation and not re-offending after the |
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| | completion of the custodial part of the sentence.’. |
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| | Clauses 120 and 121 Agreed to. |
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| Clause 122, page 73, leave out line 35. |
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| Clause 122, page 73, leave out line 36. |
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| Clause 122, page 74, line 3, at end insert ‘who shall lay a copy of the report before |
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| | Clauses 123 and 124 Agreed to. |
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| Schedule 15, page 160, line 38, at end insert— |
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| | ‘(9) | For the purposes of subsection (10) “foreign service offence” means an offence |
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| | (a) | was the subject of proceedings under the service law of a country outside |
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| | (b) | would constitute an offence under the law of England and Wales or a |
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| | service offence (“the corresponding domestic offence”) if it were done in |
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| | England and Wales by a member of Her Majesty’s forces at the time of |
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| | the trial for the offence with which the defendant is now charged (“the |
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| | |
| | (10) | Where a defendant has been found guilty of a foreign service offence (“the |
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| | previous service offence”), for the purposes of subsection (2)— |
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| | (a) | the previous service offence is an offence of the same description as the |
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| | current offence if the corresponding domestic offence is of that same |
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| | description, as set out in subsection (4)(a); |
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| | (b) | the previous service offence is an offence of the same category as the |
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| | current offence if the current offence and the corresponding domestic |
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| | offence belong to the same category of offences prescribed as mentioned |
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| | “Her Majesty’s forces” has the same meaning as in the Armed Forces Act |
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| | “service law”, in relation to a country outside the United Kingdom, means |
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| | the law governing all or any of the naval, military or air forces of that |
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| Schedule 15, page 163, line 6, leave out ‘have constituted’ and insert ‘constitute’. |
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| Schedule 15, page 163, line 7, leave out ‘had been’ and insert ‘were’. |
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| Schedule 15, page 163, line 18, leave out ‘have constituted’ and insert ‘constitute’. |
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| Schedule 15, page 163, line 19, leave out ‘had been’ and insert ‘were’. |
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| Schedule 15, page 163, line 26, leave out ‘or’. |
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| Schedule 15, page 163, line 26, at end insert— |
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| | ‘(b) | after paragraph (b) insert “or |
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| | (c) | a finding of guilt in respect of a member State service |
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| Schedule 15, page 163, leave out lines 36 to 39 and insert— |
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| | ‘(6) | 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 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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| 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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| | (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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| 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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