Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 13 — The Sentencing Council for England and Wales
153

training of judicial office-holders who exercise criminal jurisdiction in
England and Wales.
      (4)
“Judicial office-holder” has the meaning given by section 109(4) of the
Constitutional Reform Act 2005 (c. 4).
Appointment of non-judicial members
5
4     (1)
A person is eligible for appointment as a non-judicial member if the person
appears to the Lord Chancellor to have experience in one or more of the
following areas—
(a)
criminal defence;
(b)
criminal prosecution;
10
(c)
policing;
(d)
sentencing policy and the administration of justice;
(e)
the promotion of the welfare of victims of crime;
(f)
academic study or research relating to criminal law or criminology;
(g)
the use of statistics.
15
      (2)
The persons eligible for appointment as a non-judicial member by virtue of
experience of criminal prosecution include the Director of Public
Prosecutions.
Lord Chancellor’s representative
5     (1)
The Lord Chancellor may appoint a person to attend and speak at any
20
meeting of the Council.
      (2)
The person appointed under sub-paragraph (1) must be a person appearing
to the Lord Chancellor to have experience of sentencing policy.
Terms of appointment
6     (1)
The Lord Chancellor may by order make provision—
25
(a)
as to the term of office, resignation and re-appointment of judicial
members and non-judicial members;
(b)
enabling the Lord Chancellor to remove a judicial member from
office, with the agreement of the Lord Chief Justice, on the grounds
of incapacity or misbehaviour;
30
(c)
enabling the Lord Chancellor to remove a non-judicial member from
office on the grounds of incapacity or misbehaviour.
      (2)
The following provisions apply to an order under sub-paragraph (1)—
(a)
if the order includes provision falling within sub-paragraph (1)(a),
the Lord Chancellor must consult the Lord Chief Justice about that
35
provision before making the order;
(b)
if the order includes provision falling within sub-paragraph (1)(b),
the order may not be made unless the Lord Chief Justice agrees to the
inclusion of that provision.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
154

Vacancies etc
7
The validity of anything done by the Council is not affected by any vacancy
among its members, by any defect in the appointment of a member or by any
failure to comply with paragraph 2(1) or (2), 3 or 4.
Remuneration etc
5
8     (1)
The Lord Chancellor may pay—
(a)
to any judicial member who is appointed by virtue of being a lay
justice, such remuneration or expenses as the Lord Chancellor may
determine, and
(b)
to any other judicial member, such expenses as the Lord Chancellor
10
may determine.
      (2)
The Lord Chancellor may pay to any non-judicial member such
remuneration or expenses as the Lord Chancellor may determine (except
that, where the Director of Public Prosecutions is such a member, no
remuneration may be paid to the Director).
15
Interpretation
9
In this Schedule “lay justice” means a justice of the peace who is not a District
Judge (Magistrates’ Courts).
Schedule 14
Section 120

Extension of disqualification for driving
20
Road Traffic Offenders Act 1988 (c. 53)
1     (1)
The Road Traffic Offenders Act 1988 is amended as follows.
      (2)
After section 35 insert—
“35A
Extension of disqualification where custodial sentence also imposed
(1)
This section applies where a person is convicted in England and
25
Wales of an offence for which the court—
(a)
imposes a custodial sentence, and
(b)
orders the person to be disqualified under section 34 or 35.
(2)
The order under section 34 or 35 must provide for the person to be
disqualified for the appropriate extension period, in addition to the
30
discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this section, the court would have disqualified the
person under section 34 or 35.
(4)
The appropriate extension period is—
35
(a)
where an order under section 82A(2) of the Powers of
Criminal Courts (Sentencing) Act 2000 (life sentence:
determination of tariffs) is made in relation to the custodial

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
155

sentence, a period equal to the part of the sentence specified
in that order;
(b)
in the case of a detention and training order under section 100
of that Act (offenders under 18: detention and training
orders), a period equal to half the term of that order;
5
(c)
where an order under section 181 of the Criminal Justice Act
2003 (prison sentences of less than 12 months) is made in
relation to the custodial sentence, a period equal to the
custodial period specified pursuant to section 181(3)(a) of
that Act less any relevant discount;
10
(d)
where an order under section 183 of that Act (intermittent
custody orders) is made in relation to the custodial sentence,
a period equal to the number of custodial days specified
pursuant to section 183(1)(a) of that Act less any relevant
discount;
15
(e)
where section 227 of that Act (extended sentence for certain
violent or sexual offences: persons 18 or over) applies in
relation to the custodial sentence, a period equal to half the
term imposed pursuant to section 227(2C)(a) of that Act
calculated after that term has been reduced by any relevant
20
discount;
(f)
where section 228 of that Act (extended sentence for certain
violent or sexual offences: persons under 18) applies in
relation to the custodial sentence, a period equal to half the
term imposed pursuant to section 228(2B)(a) of that Act
25
calculated after that term has been reduced by any relevant
discount;
(g)
where an order under section 269(2) of that Act
(determination of minimum term in relation to mandatory
life sentence: early release) is made in relation to the custodial
30
sentence, a period equal to the part of the sentence specified
in that order;
(h)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
any relevant discount.
35
(5)
The “relevant discount” is the total number of days to count as time
served by virtue of a direction under—
(a)
section 240 of the Criminal Justice Act 2003 (crediting periods
of remand in custody), or
(b)
section 240A of that Act (crediting periods of remand on bail).
40
(6)
This section does not apply where—
(a)
the custodial sentence was a suspended sentence,
(b)
the court has made an order under section 269(4) of the
Criminal Justice Act 2003 (determination of minimum term
in relation to mandatory life sentence: no early release) in
45
relation to the custodial sentence, or
(c)
the court has made an order under section 82A(4) of the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
(determination of minimum term in relation to discretionary
life sentence: no early release) in relation to the custodial
50
sentence.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
156

(7)
Subsection (8) applies where an amending order provides that the
proportion of a prisoner’s sentence referred to in section 244(3)(a) or
247(2) of the Criminal Justice Act 2003 (release of prisoners in certain
circumstances) is to be read as a reference to another proportion (“the
new proportion”).
5
(8)
The Secretary of State may by order—
(a)
if the amending order makes provision in respect of section
244(3)(a) of that Act, provide that the proportion specified in
subsection (4)(h) of this section is to be read, in the case of a
custodial sentence to which the amending order applies, as a
10
reference to the new proportion;
(b)
if the amending order makes provision in respect of section
247(2) of that Act, provide that the proportion specified in
subsection (4)(e) and (f) of this section is to be read, in the case
of a custodial sentence to which the amending order applies,
15
as a reference to the new proportion.
(9)
An order under subsection (8) is to be made by statutory instrument
and a draft of the statutory instrument containing the order must be
laid before, and approved by a resolution of, each House of
Parliament.
20
(10)
In this section—
“amending order” means an order under section 267 of the
Criminal Justice Act 2003 (alteration by order of relevant
proportion of sentence);
“custodial sentence” has the meaning given by section 76 of the
25
Powers of Criminal Courts (Sentencing) Act 2000;
“suspended sentence” has the meaning given by section 189 of
the Criminal Justice Act 2003.”
      (3)
After section 35A (as inserted by sub-paragraph (2)) insert—
“35B
Extension of disqualification where sentence of imprisonment also
30
imposed: Scotland
(1)
This section applies where a person is convicted in Scotland of an
offence for which the court—
(a)
imposes a sentence of imprisonment, and
(b)
orders the person to be disqualified under section 34 or 35.
35
(2)
The order under section 34 or 35 must provide for the person to be
disqualified for the appropriate extension period, in addition to the
discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this section, the court would have disqualified the
40
person under section 34 or 35.
(4)
The appropriate extension period is—
(a)
in the case of a life prisoner, a period equal to the punishment
part of the life sentence;
(b)
in the case of a custody and community prisoner, a period
45
equal to half the custody part of the sentence of
imprisonment;

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
157

(c)
in the case of a person serving an extended sentence, a period
equal to half the confinement term;
(d)
in any other case, a period equal to half the sentence of
imprisonment imposed.
(5)
For the purposes of subsection (4), a sentence is to be taken to start
5
on the date of commencement of the sentence.
(6)
Subsection (7) applies where an amending order provides for a
different proportion (“the new proportion”) to be substituted for the
proportion of a prisoner’s sentence referred to in section 6(4)(a) of the
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the
10
2007 Act”).
(7)
The Secretary of State may by order provide that the proportion
specified in subsection (4)(b) and (c) of this section is to be read, in
the case of a sentence of imprisonment to which the amending order
applies, as a reference to the new proportion.
15
(8)
An order under subsection (7) is to be made by statutory instrument
and a draft of the statutory instrument containing the order must be
laid before, and approved by a resolution of, each House of
Parliament.
(9)
In this section—
20
“amending order” means an order made by the Scottish
Ministers under section 7 of the 2007 Act;
“confinement term” has the meaning given by section
210A(2)(a) of the Criminal Procedure (Scotland) Act 1995
(c. 46) (“the 1995 Act”);
25
“custody and community prisoner” has the meaning given by
section 4 of the 2007 Act;
“custody part” has the meaning given by section 6(3) of the 2007
Act;
“extended sentence” has the meaning given by section 210A of
30
the 1995 Act;
“life prisoner” has the meaning given by section 4 of the 2007
Act;
“punishment part” has the meaning given by section 4 of the
2007 Act;
35
“sentence of imprisonment” includes a sentence of detention
within the meaning of section 207 of the 1995 Act.”
Criminal Procedure (Scotland) Act 1995 (c. 46)
2
After section 248C of the Criminal Procedure (Scotland) Act 1995 insert—
“248D
Extension of disqualification where sentence of imprisonment also
40
imposed
(1)
This section applies where a person is convicted of an offence for
which the court—
(a)
imposes a sentence of imprisonment, and
(b)
orders the person to be disqualified under section 248 or
45
248A of this Act for holding or obtaining a driving licence.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
158

(2)
The order under section 248 or 248A of this Act must provide for the
person to be disqualified for the appropriate extension period, in
addition to the discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this section, the court would have disqualified the
5
person under section 248 or 248A of this Act.
(4)
The appropriate extension period is—
(a)
in the case of a life prisoner, a period equal to the punishment
part of the life sentence;
(b)
in the case of a custody and community prisoner, a period
10
equal to half the custody part of the sentence of
imprisonment;
(c)
in the case of a person serving an extended sentence, a period
equal to half the confinement term;
(d)
in any other case, a period equal to half the sentence of
15
imprisonment imposed.
(5)
For the purposes of subsection (4), a sentence is to be taken to start
on the date of commencement of the sentence.
(6)
Subsection (7) applies where an amending order provides for a
different proportion (“the new proportion”) to be substituted for the
20
proportion of a prisoner’s sentence referred to in section 6(4)(a) of the
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the
2007 Act”).
(7)
The Secretary of State may by order provide that the proportion
specified in subsection (4)(b) and (c) of this section is to be read, in
25
the case of a sentence of imprisonment to which the amending order
relates, as a reference to the new proportion.
(8)
An order under subsection (7) is to be made by statutory instrument
and a draft of the statutory instrument containing the order must be
laid before, and approved by a resolution of, each House of
30
Parliament.
(9)
In this section—
“amending order” means an order made by the Scottish
Ministers under section 7 of the 2007 Act;
“confinement term” has the meaning given by section
35
210A(2)(a) of this Act;
“custody and community prisoner” has the meaning given by
section 4 of the 2007 Act;
“custody part” has the meaning given by section 6(3) of the 2007
Act;
40
“extended sentence” has the meaning given by section 210A of
this Act;
“life prisoner” has the meaning given by section 4 of the 2007
Act;
“punishment part” has the meaning given by section 4 of the
45
2007 Act;
“sentence of imprisonment” includes a sentence of detention
within the meaning of section 207 of this Act.”

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
159

Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
3
After Article 40 of the Road Traffic Offenders (Northern Ireland) Order 1996
(S.I. 1996/1320 (N.I. 10)) insert—
“40A
Extension of disqualification where custodial sentence also imposed
(1)
This Article applies where a person is convicted of an offence for
5
which the court—
(a)
imposes a custodial sentence, and
(b)
orders the person to be disqualified under Article 35 or 40.
(2)
The order under Article 35 or 40 must provide for the person to be
disqualified for the appropriate extension period, in addition to the
10
discretionary disqualification period.
(3)
The discretionary disqualification period is the period for which, in
the absence of this Article, the court would have disqualified the
person under Article 35 or 40.
(4)
The appropriate extension period is—
15
(a)
where a court imposes a sentence under Article 45(2) of the
Criminal Justice (Children) (Northern Ireland) Order 1998
(S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes:
indeterminate sentences), a period equal to the period
specified in the sentence under Article 45(2) of that Order less
20
any relevant discount;
(b)
where an order under Article 5(1) of the Life Sentences
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2))
(determination of tariffs) is made in relation to the custodial
sentence, a period equal to the part of the sentence specified
25
in that order less any relevant discount;
(c)
where Article 8(1) of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a
determinate term) applies in relation to the custodial
sentence, a period equal to the custodial period specified
30
pursuant to Article 8(2) of that Order less any relevant
discount;
(d)
where a court imposes a sentence under Article 13(3) of the
Criminal Justice (Northern Ireland) Order 2008
(indeterminate custodial sentences for serious offences), a
35
period equal to the period specified pursuant to Article
13(3)(b) of that Order less any relevant discount;
(e)
where Article 14(3) of the Criminal Justice (Northern Ireland)
Order 2008 (extended custodial sentences for certain offences
where the offender is aged over 21) applies in relation to the
40
custodial sentence, a period equal to half of the term imposed
pursuant to Article 14(3)(a) of that Order calculated after that
term has been reduced by any relevant discount;
(f)
where Article 14(5) of the Criminal Justice (Northern Ireland)
Order 2008 (extended custodial sentences for certain offences
45
where the offender is aged under 21) applies in relation to the
custodial sentence, a period equal to half of the term imposed
pursuant to Article 14(5)(a) of that Order calculated after that
term has been reduced by any relevant discount;