|
| |
|
corresponding to an offence within subsection (2) or to |
| |
| |
(b) | if the previous conviction is of a relevant foreign offence |
| |
corresponding to the offence of manslaughter or culpable |
| |
| 5 |
(i) | the person was then a child or young person, and was |
| |
sentenced to detention for a period in excess of 2 |
| |
| |
(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 |
| |
| |
““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 |
| |
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 |
|
| |
|
| |
|
| |
6 (1) | Section 143 of the Criminal Justice Act 2003 (c. 44) (determining the |
| |
seriousness of an offence) is amended as follows. |
| |
| |
(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 |
| |
| |
(b) | after paragraph (b) insert “or |
| |
(c) | a finding of guilt in respect of a member State service |
| 10 |
| |
(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 |
| |
| |
| as an aggravating factor in any case where the court considers it |
| |
| 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, |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(a) | omit “or” at the end of paragraph (a), and |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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, |
| |
| |
(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, |
| |
| 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 |
| |
| |
(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 |
| |
| |
(ii) | by a court in another member State of a relevant |
| 45 |
offence so committed, and”. |
| |
|
| |
|
| |
|
(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 |
| |
(ii) | by a court in another member State of a relevant |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | in paragraph (a) for the words “within the meaning of the Armed |
| |
Forces Act 2006; and”, substitute “or a member State service |
| 25 |
| |
(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 |
| |
(i) | was the subject of proceedings under the |
| |
service law of a member State other than the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
9 (1) | Section 270B of the Armed Forces Act 2006 (community punishment for |
| |
offender previously fined) is amended as follows. |
| |
|
| |
|
| |
|
(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”. |
| |
| |
(a) | in paragraph (a) after “offence” insert “or a member State service |
| 5 |
| |
(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 |
| |
| |
(d) | “member State service offence” means an offence |
| 15 |
| |
(i) | was the subject of proceedings under the |
| |
service law of a member State other than the |
| |
| |
(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 |
| |
| |
(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 |
| |
(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; |
| |
| |
(b) | “the relevant date” means the date on which this |
| |
subsection comes into force.” |
| |
|
| |
|
| |
|
(3) | In section 111 (minimum of 3 years for third domestic burglary)— |
| |
| |
(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 |
| |
(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 |
| |
(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— |
| |
| 25 |
(a) | a person is convicted— |
| |
(i) | in any part of the United Kingdom other than |
| |
England and Wales of a class A drug |
| |
| |
(ii) | in any member State other than the United |
| 30 |
Kingdom of a corresponding drug trafficking |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(b) | after subsection (2) insert— |
| |
| |
|
| |
|
| |
|
(a) | a person is convicted— |
| |
(i) | in any part of the United Kingdom other than |
| |
England and Wales of a class A drug |
| |
| |
(ii) | in any member State other than the United |
| 5 |
Kingdom of a corresponding drug trafficking |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(ii) | omit “and” at the end of the definition of “class A drug |
| |
trafficking offence” and “domestic burglary”, and after those |
| 30 |
| |
““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— |
| |
| |
(a) | a person has at any time been found guilty of a member State |
| 40 |
| |
(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 |
|
| |
|