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Coroners and Justice Bill


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

174

 

(ii)   

at the time it was done would have constituted an

offence under the law of any part of the United

Kingdom, or an offence under section 42 of the

Armed Forces Act 2006, if it had been done in any part

of the United Kingdom by a member of Her Majesty’s

5

forces (“the corresponding UK offence”);

(b)   

“Her Majesty’s forces” has the same meaning as in the Armed

Forces Act 2006;

(c)   

“service law”, in relation to a member State other than the

United Kingdom, means the law governing all or any of the

10

naval, military or air forces of that State.”, and

(b)   

after subsection (3) insert—

“(4)   

Where—

(a)   

the corresponding UK offence is an offence under

section 42 of the Armed Forces Act 2006 by reason of

15

section 43, 45, 46 or 47 of that Act (attempting,

conspiring to commit, inciting, aiding, abetting,

counselling or procuring criminal conduct); and

(b)   

the act to which it relates (“the contemplated act”) is

not an act that is (or that if done would have been)

20

punishable by the law of England and Wales;

   

for the purposes of subsections (1A) and (1B) it must be

assumed that the contemplated act amounted to the offence

under the law of England and Wales that it would have

amounted to if it had been the equivalent act in England or

25

Wales.”

Restriction on imposing custodial sentence or service detention

11         

In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing

custodial sentence or service detention on unrepresented offender)—

(a)   

at the end of subsection (2)(b) insert “, or sentenced to detention by a

30

court in any other member State or for a member State service

offence”, and

(b)   

at the end of subsection (6)(b) insert—

“(c)   

“member State service offence” means an offence

which—

35

(i)   

was the subject of proceedings under the

service law of a member State other than the

United Kingdom, and

(ii)   

at the time it was done, would have

constituted an offence in any part of the

40

United Kingdom, or a service offence, if it had

been done in any part of the United Kingdom

by a member of Her Majesty’s forces;

(d)   

“service law”, in relation to a member State other than

the United Kingdom, means the law governing all or

45

any of the naval, military or air forces of that State.”

 
 

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

175

 

Young offenders: referral conditions

12    (1)  

Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(referral conditions for young offenders) (as amended by the Criminal

Justice and Immigration Act 2008 (c. 4)) is amended as follows.

      (2)  

For subsection (1)(b) substitute—

5

“(b)   

has never been—

(i)   

convicted by or before a court in the United Kingdom

of any offence other than the offence and any

connected offence, or

(ii)   

convicted by or before a court in another member

10

State of any offence; and”.

      (3)  

In subsection (2A)—

(a)   

after “never” insert “—

(a)   

”, and

(b)   

at the end insert “, or

15

(b)   

been convicted by or before a court in another

member State of any offence.”

      (4)  

For subsection (2B) substitute—

“(2B)   

This subsection is satisfied in relation to the offender if, disregarding

the offence and any connected offence—

20

(a)   

the offender —

(i)   

has been dealt with by a UK court for any offence on

only one previous occasion, and

(ii)   

was not referred to a youth offender panel under

section 16 on that occasion; or

25

(b)   

the offender has been dealt with by a court in any member

State other than the United Kingdom on only one previous

occasion.”

      (5)  

For subsection (2C)(a) substitute—

“(a)   

disregarding the offence and any connected offence, the

30

offender has been dealt with by a UK court or a court in

another member State for any offence on one or more

previous occasions, and has either—

(i)   

never been referred to a youth offender panel under

section 16 above, or

35

(ii)   

been referred to a youth offender panel on only one

previous occasion;”.

Proving of foreign convictions before courts in England and Wales

13    (1)  

Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of

convictions and acquittals) is amended as follows.

40

      (2)  

In subsection (1), after “Kingdom” insert “or any other member State”.

      (3)  

In subsection (2), after paragraph (b) insert “; and

(c)   

shall, as regards a conviction or acquittal by a court in a

member State (other than the United Kingdom), consist of a

certificate, signed by the proper officer of the court where the

45

 
 

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

176

 

conviction or acquittal took place, giving details of the

offence, of the conviction or acquittal, and of any sentence;”.

      (4)  

In subsection (3)—

(a)   

in paragraph (b), after “other court” insert “in the United Kingdom”,

and

5

(b)   

after that paragraph add “, and

(c)   

in relation to any court in another member State (“the

EU court”), a person who would be the proper officer

of the EU court if that court were in the United

Kingdom.”

10

14    (1)  

Section 74 of that Act (conviction as evidence of commission of offence) is

amended as follows.

      (2)  

In subsection (1), after “Kingdom” (in first place it occurs) insert “or any

other member State”.

      (3)  

In subsection (2), after “Kingdom” (in first place it occurs) insert “or any

15

other member State”.

      (4)  

In subsection (3)(a) after “Kingdom” insert “or any other member State”.

15         

In section 75 of that Act (provisions supplementary to section 74), for

subsection (1)(b) substitute—

“(b)   

the contents of—

20

(i)   

the information, complaint, indictment or charge-

sheet on which the person in question was convicted,

or

(ii)   

in the case of a conviction of an offence by a court in a

member State (other than the United Kingdom), any

25

document produced in relation to the proceedings for

that offence which fulfils a purpose similar to any

document or documents specified in sub-paragraph

(i),”.

Proving of foreign convictions before courts in Northern Ireland

30

16    (1)  

Article 71 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is

amended as follows.

      (2)  

After paragraph (1) insert—

“(1A)   

Where in any criminal proceedings the fact that a person has in a

35

member State been convicted or acquitted of an offence is admissible

in evidence, it may be proved by—

(a)   

producing a certificate of conviction or, as the case may be, of

acquittal relating to that offence, and

(b)   

proving that the person named in the certificate as having

40

been convicted or acquitted of the offence is the person

whose conviction or acquittal of the offence is to be proved.”

      (3)  

In paragraph (2), after sub-paragraph (b) insert “; and

(c)   

shall, as regards a conviction or acquittal by a court in a

member State (other than the United Kingdom), consist of a

45

certificate, signed by the clerk of the court where the

 
 

Coroners and Justice Bill
Schedule 16 — Motor vehicle orders

177

 

conviction or acquittal took place, giving details of the

offence, of the conviction or acquittal, and of any sentence;”.

17    (1)  

Article 72 of that Order (conviction as evidence of commission of offence) is

amended as follows.

      (2)  

In paragraph (1), after “Kingdom” (in first place it occurs) insert “or any

5

other member State”.

      (3)  

In paragraph (2), after “Kingdom” (in first place it occurs) insert “or any

other member State”.

      (4)  

In paragraph (3)(a), after “Kingdom” insert “or any other member State”.

18         

In Article 73 of that Order (provisions supplementary to Article 72), for

10

paragraph (1)(b) substitute—

“(b)   

the contents of—

(i)   

the complaint, information, indictment or charge-

sheet on which the person in question was convicted,

or

15

(ii)   

in the case of a conviction of an offence by a court in a

member State (other than the United Kingdom), any

document produced in relation to the proceedings for

that offence which fulfils a purpose similar to any

document or documents specified in paragraph (i),”.

20

Schedule 16

Section 133

 

Motor vehicle orders

           

The following is the Schedule to be inserted as Schedule 3A to the Access to

Justice Act 1999 (c. 22)—

“Schedule 3A

25

Motor vehicle orders

Introductory

1          

In this Schedule “enforcement regulations” means regulations

under section 17A(1) made by virtue of section 17A(2)(e).

Further general powers to regulate motor vehicle orders

30

2          

Enforcement regulations may make provision about or in

connection with—

(a)   

the procedure for making motor vehicle orders;

(b)   

the matters which must be included in such orders;

(c)   

the fitting of immobilisation devices;

35

(d)   

the fixing of notices to motor vehicles to which

immobilisation devices have been fitted and the content of

such notices;

(e)   

the removal and storage of motor vehicles;

 
 

Coroners and Justice Bill
Schedule 16 — Motor vehicle orders

178

 

(f)   

the release of motor vehicles from immobilisation devices

or from storage (including the conditions to be met before

a motor vehicle is released);

(g)   

the sale or other disposal of motor vehicles not released;

(h)   

the imposition of charges in connection with—

5

(i)   

the fitting of immobilisation devices;

(ii)   

the removal, storage, release (whether from

immobilisation devices or from storage), sale or

disposal of motor vehicles;

(i)   

the recovery of such charges (including provision for them

10

to be recovered from the proceeds of sale of motor

vehicles).

Applications

3          

Enforcement regulations must provide that a motor vehicle order

may be made in relation to an overdue sum only on the

15

application of the person or body to which the overdue sum is

payable.

Matters of which court to be satisfied

4     (1)  

Enforcement regulations must provide that, before a court makes

a clamping order in respect of an individual, it must be satisfied—

20

(a)   

that the failure to pay the overdue sum is attributable to

the individual’s wilful refusal or culpable neglect, and

(b)   

that the value of the motor vehicle or vehicles to be

clamped, if sold, would be likely to be an amount which

exceeds half of the estimated recoverable amount.

25

      (2)  

“The estimated recoverable amount” means the aggregate of—

(a)   

the amount of the overdue sum, and

(b)   

the amount of the likely charges due under the

enforcement regulations in relation to the motor vehicle or

vehicles.

30

Ownership of motor vehicles

5     (1)  

Enforcement regulations must provide that a clamping order must

not be made except in relation to a motor vehicle which is owned

by the individual liable to pay the overdue sum.

      (2)  

For this purpose a motor vehicle is owned by an individual if the

35

individual has an interest in the motor vehicle.

Motor vehicles used by disabled persons

6          

Enforcement regulations must provide that an immobilisation

device may not be fitted to a motor vehicle—

(a)   

which displays a current disabled person’s badge or a

40

current recognised badge, or

(b)   

in relation to which there are reasonable grounds for

believing that it is used for the carriage of a disabled

person.

 
 

Coroners and Justice Bill
Schedule 17 — Exploitation proceeds investigations

179

 

Restrictions on making vehicle sale orders

7          

Enforcement regulations must provide that, where a motor

vehicle has been clamped under a clamping order, no vehicle sale

order may be made in respect of the motor vehicle before the end

of the period specified in the regulations.

5

Interpretation

8          

In this Schedule—

“disabled person’s badge” means a badge issued, or having

effect as if issued, under regulations made under section 21

of the Chronically Sick and Disabled Persons Act 1970

10

(badges for display on motor vehicles used by disabled

persons);

“immobilisation device” has the same meaning as in section

104(9) of the Road Traffic Regulation Act 1984

(immobilisation of vehicles illegally parked);

15

“motor vehicle” means a mechanically propelled vehicle

intended or adapted for use on roads, except that section

189 of the Road Traffic Act 1988 (exceptions for certain

vehicles) applies for the purposes of this Schedule as it

applies for the purposes of the Road Traffic Acts;

20

“recognised badge” has the meaning given by section 21A of

the Chronically Sick and Disabled Persons Act 1970

(recognition of badges issued outside Great Britain);

           

and “clamped”, “clamping order”, “motor vehicle order”,

“overdue sum” and “vehicle sale order” are to be construed in

25

accordance with section 17A.”

Schedule 17

Section 149

 

Exploitation proceeds investigations

1          

Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended

as follows.

30

2          

In section 341 (investigations), after subsection (4) add—

“(5)   

For the purposes of this Part an exploitation proceeds investigation

is an investigation for the purposes of Part 7 of the Coroners and

Justice Act 2009 (criminal memoirs etc) into—

(a)   

whether a person is a qualifying offender,

35

(b)   

whether a person has obtained exploitation proceeds from a

relevant offence,

(c)   

the value of any benefits derived by a person from a relevant

offence, or

(d)   

the available amount in respect of a person.

40

   

Paragraphs (a) to (d) are to be construed in accordance with that Part

of that Act.”

3          

In section 342 (offences of prejudicing investigation)—

 
 

Coroners and Justice Bill
Schedule 17 — Exploitation proceeds investigations

180

 

(a)   

in subsection (1), after “detained cash investigation” insert “, an

exploitation proceeds investigation”, and

(b)   

after subsection (3)(ba) insert—

“(bb)   

the disclosure is made in the exercise of a function

under Part 7 of the Coroners and Justice Act 2009

5

(criminal memoirs etc) or in compliance with a

requirement imposed under or by virtue of that Act,”.

4          

In section 343(3) (judges) after “civil recovery investigation” insert “or an

exploitation proceeds investigation”.

5          

In section 344(b) (courts) after “civil recovery investigation” insert “or an

10

exploitation proceeds investigation”.

6          

In section 345(2) (production orders), in paragraph (a) after “confiscation

investigation” insert “, an exploitation proceeds investigation”.

7          

In section 346 (requirements for making of production order)—

(a)   

after subsection (2)(c) add—

15

“(d)   

in the case of an exploitation proceeds investigation,

the person the application for the order specifies as

being subject to the investigation is within subsection

(2A).”, and

(b)   

after subsection (2) insert—

20

“(2A)   

A person is within this subsection if, for the purposes of Part

7 of the Coroners and Justice Act 2009 (criminal memoirs etc),

exploitation proceeds have been obtained by the person from

a relevant offence by reason of any benefit derived by the

person.

25

   

This subsection is to be construed in accordance with that

Part.”

8          

In section 350(5) (government departments), in paragraph (b) after “civil

recovery investigation” insert “or an exploitation proceeds investigation”.

9          

In section 351(8) (supplementary) after “civil recovery investigation” insert

30

“or an exploitation proceeds investigation”.

10         

In section 352 (search and seizure warrants)—

(a)   

in subsection (2)(a), after “confiscation investigation” insert “, an

exploitation proceeds investigation”, and

(b)   

after subsection (5)(c) add—

35

“(d)   

a member of SOCA’s staff, if the warrant is sought for

the purposes of an exploitation proceeds

investigation.”

11         

In section 353 (requirements where production order not available)—

(a)   

after subsection (2)(c) insert—

40

“(d)   

in the case of an exploitation proceeds investigation,

the person specified in the application for the warrant

is within section 346(2A).”,

(b)   

in subsection (5)(a), for “or (8)” substitute “, (8) or (8A)”,

 
 

 
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