Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
160

(g)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
any relevant discount.
(5)
The “relevant discount” is the number of days by which the custodial
sentence is treated as reduced by virtue of section 26(2) of the
5
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods
in custody before sentence passed etc).
(6)
This Article does not apply where—
(a)
the custodial sentence was a suspended sentence, or
(b)
the court has made an order under Article 5(3) of the Life
10
Sentences (Northern Ireland) Order 2001 (life sentence: no
early release) in relation to the custodial sentence.
(7)
Paragraph (8) applies where an amending order provides that the
proportion of a prisoner’s sentence referred to in Article 18(2)(b) of
the Criminal Justice (Northern Ireland) Order 2008 (duty to release
15
prisoners serving extended custodial sentences) is to be read as a
reference to another proportion (“the new proportion”).
(8)
The Secretary of State may by order provide that the proportion
specified in paragraph (4)(e) and (f) of this Article is to be read, in the
case of a custodial sentence to which the amending order applies, as
20
a reference to the new proportion.
(9)
An order under paragraph (8) is subject to annulment by a resolution
of either House of Parliament in like manner as a statutory
instrument and section 5 of the Statutory Instruments Act 1946
(instruments subject to annulment by resolution of either House of
25
Parliament) applies accordingly.
(10)
In this Article—
“amending order” means an order under Article 18(9) of the
Criminal Justice (Northern Ireland) Order 2008 (alteration by
order of relevant part of sentence);
30
“custodial sentence” has the meaning given by Article 4 of the
Criminal Justice (Northern Ireland) Order 2008;
“suspended sentence” means a suspended sentence or order for
detention under section 18 of the Treatment of Offenders Act
(Northern Ireland) 1968 (c. 29).”
35
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
4     (1)
After section 147 of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6) insert—
“147A
Extension of disqualification where custodial sentence also imposed
(1)
This section applies where a person is convicted of an offence for
40
which the court—
(a)
imposes a custodial sentence, and
(b)
orders the person to be disqualified under section 146 or 147
for holding or obtaining a driving licence.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
161

(2)
The order under section 146 or 147 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 146 or 147.
(4)
The appropriate extension period is—
(a)
where an order under section 82A(2) of this Act
(determination of tariffs) is made in relation to the custodial
sentence, a period equal to the part of the sentence specified
10
in that order;
(b)
in the case of a detention and training order under section 100
of this Act (offenders under 18: detention and training
orders), a period equal to half the term of that order;
(c)
where an order under section 181 of the Criminal Justice Act
15
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;
(d)
where an order under section 183 of that Act (intermittent
20
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;
(e)
where section 227 of that Act (extended sentence for certain
25
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
discount;
30
(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
calculated after that term has been reduced by any relevant
35
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
sentence, a period equal to the part of the sentence specified
40
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.
(5)
The “relevant discount” is the total number of days to count as time
45
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).
(6)
This section does not apply where—
50
(a)
the custodial sentence was a suspended sentence,

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
162

(b)
a 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
relation to the custodial sentence, or
(c)
the court has made an order under section 82A(4) of this Act
5
(determination of minimum term in relation to discretionary
life sentence: no early release) in relation to the custodial
sentence.
(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
10
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”).
(8)
The Secretary of State may by order—
(a)
if the amending order makes provision in respect of section
15
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
reference to the new proportion;
(b)
if the amending order makes provision in respect of section
20
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,
as a reference to the new proportion.
(9)
In this section—
25
“amending order” means an order under section 267 of the
Criminal Justice Act 2003 (alteration by order of relevant
proportion of sentence);
“driving licence” means a licence to drive a motor vehicle
granted under Part 3 of the Road Traffic Act 1988;
30
“suspended sentence” has the meaning given by section 189 of
the Criminal Justice Act 2003.”
      (2)
In section 160(3) of that Act (orders subject to the affirmative resolution
procedure), after paragraph (a) insert—
“(aa)
an order under section 147A(8),”.
35
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
5
After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 (S.I.
2008/1216 (N.I. 1)) insert—
“91A
Extension of disqualification where custodial sentence also imposed
(1)
This Article applies where a person is convicted of an offence for
40
which the court—
(a)
imposes a custodial sentence, and
(b)
orders the person to be disqualified under Article 91 for
holding or obtaining a driving licence.
(2)
The order under Article 91 must provide for the person to be
45
disqualified for the appropriate extension period, in addition to the
discretionary disqualification period.

Coroners and Justice Bill
Schedule 14 — Extension of disqualification for driving
163

(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 91.
(4)
The appropriate extension period is—
(a)
where a court imposes a sentence under Article 45(2) of the
5
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
any relevant discount;
10
(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
in that order less any relevant discount;
15
(c)
where Article 8(1) (sentence for a determinate term) applies
in relation to the custodial sentence, a period equal to the
custodial period specified pursuant to Article 8(2) less any
relevant discount;
(d)
where a court imposes a sentence under Article 13(3)
20
(indeterminate custodial sentences for serious offences), a
period equal to the period specified pursuant to Article
13(3)(b) less any relevant discount;
(e)
where Article 14(3) (extended custodial sentences for certain
offences where the offender is aged over 21) applies in
25
relation to the custodial sentence, a period equal to half of the
term imposed pursuant to Article 14(3)(a) calculated after
that term has been reduced by any relevant discount;
(f)
where Article 14(5) (extended custodial sentences for certain
offences where the offender is aged under 21) applies in
30
relation to the custodial sentence, a period equal to half of the
term imposed pursuant to Article 14(5)(a) calculated after
that term has been reduced by any relevant discount;
(g)
in any other case, a period equal to half the custodial sentence
imposed calculated after that sentence has been reduced by
35
any relevant discount.
(5)
The “relevant discount” is the number of days by which the custodial
sentence is treated as reduced by virtue of section 26(2) of the
Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods
in custody before sentence passed etc).
40
(6)
This Article does not apply where—
(a)
the custodial sentence was a suspended sentence, or
(b)
a court has made an order under Article 5(3) of the Life
Sentences (Northern Ireland) Order 2001 (life sentence: no
early release) in relation to the custodial sentence.
45
(7)
Paragraph (8) applies where an amending order provides that the
proportion of a prisoner’s sentence referred to in Article 18(2)(b)
(duty to release prisoners serving extended custodial sentences) is to
be read as a reference to another proportion (“the new proportion”).

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
164

(8)
The Secretary of State may by order provide that the proportion
specified in paragraph (4)(e) and (f) of this Article is to be read, in the
case of a custodial sentence to which the amending order applies, as
a reference to the new proportion.
(9)
In this Article—
5
“amending order” means an order under Article 18(9)
(alteration by order of relevant part of sentence);
“custodial sentence” has the meaning given by Article 4;
“driving licence” has the meaning given by Article 91;
“suspended sentence” means a suspended sentence or order for
10
detention under section 18 of the Treatment of Offenders Act
(Northern Ireland) 1968 (c. 29).”
Schedule 15
Section 125

Treatment of convictions in other member States etc
Evidence of bad character
15
1     (1)
The Criminal Justice Act 2003 (c. 44) is amended as follows.
      (2)
In section 103 (matter in issue between the defendant and the prosecution),
after subsection (6) add—
“(7)
Where—
(a)
a defendant has been convicted of an offence under the law
20
of any country outside England and Wales (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
law of England and Wales (“the corresponding offence”) if it
were done in England and Wales at the time of the trial for the
25
offence with which the defendant is now charged (“the
current offence”),

subsection (8) applies for the purpose of determining if the previous
offence and the current offence are of the same description or
category.
30
(8)
For the purposes of subsection (2)—
(a)
the previous offence is of the same description as the current
offence if the corresponding offence is of that same
description, as set out in subsection (4)(a);
(b)
the previous offence is of the same category as the current
35
offence if the current offence and the corresponding offence
belong to the same category of offences prescribed as
mentioned in subsection (4)(b).
(9)
For the purposes of subsection (10) “foreign service offence” means
an offence which—
40
(a)
was the subject of proceedings under the service law of a
country outside the United Kingdom, and
(b)
would constitute an offence under the law of England and
Wales or a service offence (“the corresponding domestic

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
165

offence”) if it were done in England and Wales by a member
of Her Majesty’s forces at the time of the trial for the offence
with which the defendant is now charged (“the current
offence”).
(10)
Where a defendant has been found guilty of a foreign service offence
5
(“the previous service offence”), for the purposes of subsection (2)—
(a)
the previous service offence is an offence of the same
description as the current offence if the corresponding
domestic offence is of that same description, as set out in
subsection (4)(a);
10
(b)
the previous service offence is an offence of the same
category as the current offence if the current offence and the
corresponding domestic offence belong to the same category
of offences prescribed as mentioned in subsection (4)(b).
(11)
In this section—
15
“Her Majesty’s forces” has the same meaning as in the Armed
Forces Act 2006;
“service law”, in relation to a country outside the United
Kingdom, means the law governing all or any of the naval,
military or air forces of that country.”
20
      (3)
In section 108 (offences committed by defendant when a child), after
subsection (2) insert—
“(2A)
Subsection (2B) applies where—
(a)
the defendant has been convicted of an offence under the law
of any country outside England and Wales (“the previous
25
offence”), and
(b)
the previous offence would constitute an offence under the
law of England and Wales (“the corresponding offence”) if it
were done in England and Wales at the time of the
proceedings for the offence with which the defendant is now
30
charged.
(2B)
For the purposes of subsection (2), the previous offence is to be
regarded as triable only on indictment if the corresponding offence
is so triable.”
2     (1)
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/
35
1501 (N.I. 10)) is amended as follows.
      (2)
In Article 8 (matter in issue between the defendant and the prosecution),
after paragraph (6) add—
“(7)
Where—
(a)
a defendant has been convicted of an offence under the law
40
of any country outside Northern Ireland (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
law of Northern Ireland (“the corresponding offence”) if it
were done in Northern Ireland at the time of the trial for the
45
offence with which the defendant is now charged (“the
current offence”),

Coroners and Justice Bill
Schedule 15 — Treatment of convictions in other member States etc
166


paragraph (8) applies for the purpose of determining if the previous
offence and the current offence are of the same description or
category.
(8)
For the purposes of paragraph (2)—
(a)
the previous offence is of the same description as the current
5
offence, if the corresponding offence is of that same
description, as set out in paragraph (4)(a);
(b)
the previous offence is of the same category as the current
offence, if the current offence and the corresponding offence
belong to the same category of offences prescribed as
10
mentioned in paragraph (4)(b).”
      (3)
In Article 13 (offences committed by a defendant when a child), after
paragraph (1) insert—
“(1A)
Paragraph (1B) applies where—
(a)
the defendant has been convicted of an offence under the law
15
of any country outside Northern Ireland (“the previous
offence”), and
(b)
the previous offence would constitute an offence under the
law of Northern Ireland (“the corresponding offence”) if it
were done in Northern Ireland at the time of the proceedings
20
for the offence with which the defendant is now charged.
(1B)
For the purposes of paragraph (1), the previous offence is to be
regarded as triable only on indictment if the corresponding offence
is so triable.”
Bail
25
3     (1)
Section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail
for defendants charged with or convicted of homicide or rape after previous
conviction of such offences) is amended as follows.
      (2)
For subsection (3) substitute—
“(3)
This section applies in the circumstances described in subsection
30
(3A) or (3B) only.
(3A)
This section applies where—
(a)
the person has been previously convicted by or before a court
in any part of the United Kingdom of any offence within
subsection (2) or of culpable homicide, and
35
(b)
if that previous conviction is one of manslaughter or culpable
homicide—
(i)
the person was then a child or young person, and was
sentenced to long-term detention under any of the
relevant enactments, or
40
(ii)
the person was not then a child or young person, and
was sentenced to imprisonment or detention.
(3B)
This section applies where—
(a)
the person has been previously convicted by or before a court
in another member State of any relevant foreign offence
45