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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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| | 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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| | |
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| | (d) | “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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| | Schedule, as amended, Agreed to. |
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| | Clauses 125 to 127 Agreed to. |
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| Clause 128, page 78, line 4, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 78, line 19, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 78, line 20, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 78, line 21, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 78, line 43, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 79, line 18, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 79, line 19, leave out ‘3’ and insert ‘2’. |
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| Clause 128, page 79, line 20, leave out ‘3’ and insert ‘2’. |
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| | |
| | Clauses 129 and 130 Agreed to. |
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| Clause 131, page 81, leave out line 19. |
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| Clause 131, page 81, leave out lines 39 and 40. |
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| Clause 131, page 81, leave out line 42. |
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| Clause 131, page 82, leave out lines 3 to 29. |
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| Clause 131, page 82, leave out lines 36 to 38. |
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| Clause 131, page 82, leave out line 47. |
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| Page 170, line 1, leave out Schedule 16. |
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| | Clauses 132 to 136 Agreed to. |
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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, as amended, Agreed to. |
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| | Clauses 138 to 141 Agreed to. |
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| Clause 142, page 90, line 30, leave out ‘third parties,’ and insert ‘a person other |
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| | Clause, as amended, Agreed to. |
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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 |
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| | 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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| | (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— |
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| | (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, as amended, Agreed to. |
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| | Clauses 145 to 147 Agreed to. |
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| | |
| | Clauses 148 to 150 Agreed to. |
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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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| Clause 155, page 110, line 13, leave out ‘or 29’ and insert ‘, 29 or 30’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 19, page 196, line 26, at end insert— |
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| | Criminal Appeal Act 1968 (c. 19) |
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| | 59A | In section 31 of the Criminal Appeal Act 1968 (c. 19) (powers of Court which |
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| | 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 |
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| | under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 or to |
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| | discharge or vary a witness anonymity order under section 76 of that |
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| | Act may be exercised by a single judge in the same manner as it may |
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| | be exercised by the Court.” |
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| | Court Martial Appeals Act 1968 (c. 20) |
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| | 59B | In section 36 of the Court Martial Appeals Act 1968 (powers of Court which |
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| | are exercisable by single judge), in subsection (1), after paragraph (j) (as |
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| | inserted by Schedule 8 to the Armed Forces Act 2006 (c. 52)) insert— |
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| | “(k) | to make a witness anonymity order under Chapter 2 of Part 3 |
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| | 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;”. |
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| | Criminal Appeal (Northern Ireland) Act 1980 (c. 47) |
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| | 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) |
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| | |
| | “(3E) | The power of the Court of Appeal to make a witness anonymity order |
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| | under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 or to |
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| | discharge or vary a witness anonymity order under section 76 of that |
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| | Act may be exercised by a single judge in the same manner as it may |
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| | be exercised by the Court.”’. |
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| Schedule 19, page 205, line 11, at end insert— |
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