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 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