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Coroners and Justice Bill


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

167

 

corresponding to an offence within subsection (2) or to

culpable homicide, and

(b)   

if the previous conviction is of a relevant foreign offence

corresponding to the offence of manslaughter or culpable

homicide—

5

(i)   

the person was then a child or young person, and was

sentenced to detention for a period in excess of 2

years, or

(ii)   

the person was not then a child or young person, and

was sentenced to detention.”

10

      (3)  

In subsection (5), omit “and” at the end of the definition of “conviction”, and

at the end insert—

““relevant foreign offence”, in relation to a member State other

than the United Kingdom, means an offence under the law in

force in that member State.”

15

      (4)  

After that subsection insert—

“(5A)   

For the purposes of subsection (3B), a relevant foreign offence

corresponds to another offence if the relevant foreign offence would

have constituted that other offence if it had been done in any part of

the United Kingdom at the time when the relevant foreign offence

20

was committed.”

Decision as to allocation

4     (1)  

Section 19 of the Magistrates’ Courts Act 1980 (c. 43) (decision as to

allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003

(c. 44)) is amended as follows.

25

      (2)  

In subsection (5), omit “or” at the end of paragraph (a) and insert—

“(aa)   

a previous conviction by a court in another member State of

a relevant offence under the law of that State; or”.

      (3)  

After that subsection insert—

“(5A)   

For the purposes of subsection (5)(aa) an offence is “relevant” if the

30

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 when the

allocation decision is made.”

5     (1)  

Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37)

(procedure where persons are sent for trial under section 51 of the Crime and

35

Disorder Act 1998) (as amended by Schedule 3 to the Criminal Justice Act

2003) is amended as follows.

      (2)  

In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—

“(aa)   

a previous conviction by a court in another member State

of a relevant offence under the law of that State, or”.

40

      (3)  

After that sub-paragraph, insert—

   “(5A)  

For the purposes of sub-paragraph (5)(aa) 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

when the allocation decision is made.”

45

 
 

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

168

 

Seriousness

6     (1)  

Section 143 of the Criminal Justice Act 2003 (c. 44) (determining the

seriousness of an offence) is amended as follows.

      (2)  

In subsection (4)—

(a)   

omit “or” at the end of paragraph (a) and insert—

5

“(aa)   

a previous conviction by a court in another member

State of a relevant offence under the law of that

State,”, and

(b)   

after paragraph (b) insert “or

(c)   

a finding of guilt in respect of a member State service

10

offence.”

      (3)  

For subsection (5) substitute—

“(5)   

Subsections (2) and (4) do not prevent the court from treating—

(a)   

a previous conviction by a court outside both the United

Kingdom and any other member State, or

15

(b)   

a previous conviction by a court in any member State (other

than the United Kingdom) of an offence which is not a

relevant offence,

   

as an aggravating factor in any case where the court considers it

appropriate to do so.

20

(6)   

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 of the

defendant for the current offence,

25

(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

30

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,

35

(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.”

40

7     (1)  

Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of

an offence) is amended as follows.

      (2)  

In subsection (3)—

(a)   

omit “or” at the end of paragraph (a), and

 
 

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

169

 

(b)   

at the end of paragraph (b), insert—

“(c)   

a previous conviction by a court in a member State

other than the United Kingdom of a relevant offence

under the law of that State, or

(d)   

a finding of guilt in respect of a member State service

5

offence.”

      (3)  

For subsection (4) substitute—

“(4)   

Nothing in this section prevents the court or officer from treating—

(a)   

a previous conviction by a court outside both the British

Islands and any member State, or

10

(b)   

a previous conviction by a court in any member State (other

than the United Kingdom) of an offence which is not a

relevant offence or a member State service offence, 

   

as an aggravating factor in any case where the court or officer

considers it appropriate to do so.

15

(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,

20

(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

25

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

30

(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.”

Availability of community orders

8     (1)  

Section 151 of the Criminal Justice Act 2003 (c. 44) (community order or

35

youth rehabilitation order for persistent offender previously fined) (as

amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is

amended as follows.

      (2)  

For subsection (1)(b) substitute—

“(b)   

on three or more previous occasions a sentence consisting

40

only of a fine has been passed on the offender on conviction—

(i)   

by a court in the United Kingdom of an offence

committed by the offender after attaining the age of

16, or

(ii)   

by a court in another member State of a relevant

45

offence so committed, and”.

 
 

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

170

 

      (3)  

For subsection (1A)(c) substitute—

“(c)   

on three or more previous occasions a sentence consisting

only of a fine has been passed on the offender on conviction—

(i)   

by a court in the United Kingdom of an offence

committed by the offender after attaining the age of

5

16, or

(ii)   

by a court in another member State of a relevant

offence so committed.”

      (4)  

For subsection (2A)(b) substitute—

“(b)   

on three or more previous occasions a sentence consisting

10

only of a fine has been passed on the offender on conviction—

(i)   

by a court in the United Kingdom of an offence

committed by the offender after attaining the age of

16, or

(ii)   

by a court in another member State of a relevant

15

offence so committed, and”.

      (5)  

After subsection (4) insert—

“(4A)   

For the purposes of subsections (1)(b), (1A)(c) and (2A)(b), 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 there at the time of

20

the conviction of the defendant for the current offence.”

      (6)  

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

25

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

30

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

35

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;

40

(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;

45

(f)   

“service offence” has the same meaning as in the

Armed Forces Act 2006.”

9     (1)  

Section 270B of the Armed Forces Act 2006 (community punishment for

offender previously fined) is amended as follows.

 
 

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

171

 

      (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)—

(a)   

in paragraph (a) after “offence” insert “or a member State service

5

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

10

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

15

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

20

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;

25

(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.”

Required custodial sentences for certain offences

10    (1)  

Chapter 3 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000

30

(c. 6) is amended as follows.

      (2)  

In section 110 (minimum sentence of 7 years for third class A drug

trafficking offence)—

(a)   

in subsection (1)(b), for “been convicted” to the end substitute “2

relevant drug convictions;”, and

35

(b)   

after subsection (2) insert—

“(2A)   

For the purposes of subsection (1)—

(a)   

a “relevant drug conviction” means—

(i)   

a conviction in any part of the United

Kingdom of a class A drug trafficking offence,

40

or

(ii)   

a conviction in another member State of an

offence which was committed after the

relevant date and would, if done in the United

Kingdom at the time of the conviction, have

45

constituted a class A drug trafficking offence;

and

(b)   

“the relevant date” means the date on which this

subsection comes into force.”

 
 

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

172

 

      (3)  

In section 111 (minimum of 3 years for third domestic burglary)—

(a)   

in subsection (1)—

(i)   

in paragraph (b), for “been convicted” to the end substitute “2

relevant domestic burglary convictions; and”, and

(ii)   

in paragraph (c), for “30th November 1999” substitute “the

5

relevant date”, and

(b)   

after subsection (2) insert—

“(2A)   

For the purposes of subsection (1)—

(a)   

a “relevant domestic burglary conviction” means—

(i)   

a conviction in England and Wales of a

10

domestic burglary, or

(ii)   

a conviction in any other part of the United

Kingdom or any other member State of an

offence which would, if done in England and

Wales at the time of the conviction, have

15

constituted domestic burglary;

(b)   

“the relevant date”, in relation to a relevant domestic

burglary conviction, means—

(i)   

in respect of a conviction in England and

Wales, 30 November 1999, and

20

(ii)   

in any other case, the day on which this

subsection comes into force.”

      (4)  

In section 113 (certificates of conviction for the purposes of Chapter 3)—

(a)   

after subsection (1) insert—

“(1A)   

Where—

25

(a)   

a person is convicted—

(i)   

in any part of the United Kingdom other than

England and Wales of a class A drug

trafficking offence,

(ii)   

in any member State other than the United

30

Kingdom of a corresponding drug trafficking

offence, or

(iii)   

in any part of the United Kingdom other than

England and Wales, or in any other member

State, of a corresponding domestic burglary

35

offence,

(b)   

in the case of a conviction by or before a court in the

United Kingdom, it is stated in open court that the

person has been convicted of such an offence on that

date, and

40

(c)   

the court by or before which the person is convicted

certifies, by way of a certificate signed by the proper

officer of the court, the fact that the person has been

convicted of such an offence on that date,

   

the certificate is evidence, for the purposes of the relevant section of

45

this Chapter, that the person was convicted of such an offence on that

date.”,

(b)   

after subsection (2) insert—

“(2A)   

Where—

 
 

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

173

 

(a)   

a person is convicted—

(i)   

in any part of the United Kingdom other than

England and Wales of a class A drug

trafficking offence,

(ii)   

in any member State other than the United

5

Kingdom of a corresponding drug trafficking

offence, or

(iii)   

in any part of the United Kingdom other than

England and Wales, or in any other member

State, of a corresponding domestic burglary

10

offence,

(b)   

in the case of a conviction by or before a court in the

United Kingdom, it is stated in open court that the

offence was committed on a particular day or over, or

at some time during, a particular period, and

15

(c)   

the court by or before which the person is convicted

certifies, by way of a certificate signed by the proper

officer of the court, that the offence was committed on

a particular day or over, or at some time during, a

particular period,

20

   

the certificate is evidence, for the purposes of the relevant section of

this Chapter, that the offence was committed on that day or over, or

at some time during, that period.”, and

(c)   

in subsection (3)—

(i)   

at the beginning of the definitions insert—

25

““proper officer” means the clerk of the court, that

clerk’s deputy or any other person having custody of

the court record;”, and

(ii)   

omit “and” at the end of the definition of “class A drug

trafficking offence” and “domestic burglary”, and after those

30

definitions insert—

““corresponding drug trafficking offence” means an

offence within section 110(2A)(a)(ii);

“corresponding domestic burglary offence” means an

offence within section 111(2A)(a)(ii); and”.

35

      (5)  

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

40

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

45

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,

50

 
 

 
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