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 19 — Minor and consequential amendments
Part 2 — Suicide
202

procuring the suicide of a child or young person” substitute—
“An offence under section 13(1) of the Criminal Justice Act (Northern
Ireland) 1966 (encouraging or assisting suicide) where the relevant act
is an act capable of, and done with the intention of, encouraging or
assisting the suicide of a child or young person.”
5
Criminal Attempts Act 1981 (c. 47)
53
After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions to offence
of attempting to commit an offence) insert—
“(ba)
an offence under section 2(1) of the Suicide Act 1961 (c. 60)
(encouraging or assisting suicide);”.
10
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
54
After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern
Ireland) Order 1983 (exclusions to offence of attempting to commit an
offence) insert—
“(ba)
an offence under section 13(1) of the Criminal Justice Act
15
(Northern Ireland) 1966 (encouraging or assisting suicide);”.
Law Reform (Year and a Day Rule) Act 1996 (c. 19)
55    (1)
Section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on
institution of proceedings for a fatal offence) is amended as follows.
      (2)
For subsection (3)(b) (but not the “or” following it) substitute—
20
“(b)
an offence under section 2(1) of the Suicide Act 1961 (offence
of encouraging or assisting suicide) in connection with the
death of a person,”.
      (3)
In subsection (5) after paragraph (a) insert—
“(aa)
the reference in subsection (3)(b) to section 2(1) of the Suicide
25
Act 1961 is to be read as a reference to section 13(1) of the
Criminal Justice Act (Northern Ireland) 1966, and”.
Serious Crime Act 2007 (c. 27)
56    (1)
The Serious Crime Act 2007 is amended as follows.
      (2)
After section 51 insert—
30
“51A
Exceptions to section 44 for encouraging or assisting suicide
Section 44 does not apply to an offence under section 2(1) of the
Suicide Act 1961 or section 13(1) of the Criminal Justice Act
(Northern Ireland) 1966 (offence of encouraging or assisting
suicide).”
35
      (3)
In Schedule 3 (offences to be disregarded for the purposes of the offences
under sections 45 and 46)—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 3 — Prohibited images of children
203

(a)
in Part 2, after paragraph 27 insert—
“Suicide Act 1961 (c. 60)
27A
An offence under section 2(1) of the Suicide Act 1961
(encouraging or assisting suicide).”, and
(b)
in Part 4, after paragraph 42 insert—
5
“Criminal Justice Act (Northern Ireland) 1966 (c. 20)
42A
An offence under section 13(1) of the Criminal Justice Act
(Northern Ireland) 1966 (encouraging or assisting
suicide).”
Part 3
10
Prohibited images of children
Sexual Offences Act 2003 (c. 42)
57    (1)
Schedule 3 to the Sexual Offences Act 2003 (sexual offences in respect of
which offender becomes subject to notification requirements) is amended as
follows.
15
      (2)
After paragraph 35A insert—
“35B
An offence under section 49(1) of the Coroners and Justice Act
2009 (possession of prohibited images of children) if the
offender—
(a)
was 18 or over, and
20
(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (3)
Paragraphs 92A to 92V, as inserted by Article 13 of the Sexual Offences
(Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779),
are renumbered as paragraphs 92B to 92W of that Schedule (and are to be
25
regarded as so inserted after paragraph 92A as inserted by paragraph 58(3)
of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4)).
      (4)
After paragraph 92W insert—
“92X
An offence under section 49(1) of the Coroners and Justice Act
2009 (possession of prohibited images of children) if the
30
offender—
(a)
was 18 or over, and
(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (5)
In paragraphs 93(1) and 93A(1) (service offences) for “35A” substitute “35B”.
35
Criminal Justice Act 2003 (c. 44)
58
In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for
purposes of provisions about disclosure of information to the public), after

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 5 — Vulnerable and intimidated witnesses
204

paragraph 13 insert—
“13A
An offence under section 49(1) of the Coroners and Justice Act
2009 (possession of prohibited images of children).”
Armed Forces Act 2006 (c. 52)
59
In Schedule 2 to the Armed Forces Act 2006 (offences), after paragraph
5
12(au) add—
“(av)
an offence under section 49(1) of the Coroners and Justice
Act 2009 (possession of prohibited images of children).”
Part 4
Witness anonymity orders
10
Criminal Appeal Act 1968 (c. 19)
60
In section 31 of the Criminal Appeal Act 1968 (powers of Court which are
exercisable by single judge), after subsection (2E) insert—
“(2F)
The power of the Court of Appeal to make a witness anonymity
order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009
15
or to discharge or vary a witness anonymity order under section 77
of that Act may be exercised by a single judge in the same manner as
it may be exercised by the Court.”
Court Martial Appeals Act 1968 (c. 20)
61
In section 36 of the Court Martial Appeals Act 1968 (powers of Court which
20
are exercisable by single judge), in subsection (1), after paragraph (j) (as
inserted by Schedule 8 to the Armed Forces Act 2006 (c. 52)) insert—
“(k)
to make a witness anonymity order under Chapter 2 of Part 3
of the Coroners and Justice Act 2009 or to discharge or vary a
witness anonymity order under section 77 of that Act;”.
25
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
62
In section 45 of the Criminal Appeal (Northern Ireland) Act 1980 (powers of
Court which are exercisable by single judge), after subsection (3D) insert—
“(3E)
The power of the Court of Appeal to make a witness anonymity
order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009
30
or to discharge or vary a witness anonymity order under section 77
of that Act may be exercised by a single judge in the same manner as
it may be exercised by the Court.”
Part 5
Vulnerable and intimidated witnesses
35
Crime and Disorder Act 1998 (c. 37)
63
In section 1I(3) of the Crime and Disorder Act 1998 (special measures for
witnesses: modifications of Chapter 1 of Part 2 of the Youth Justice and
Criminal Evidence Act 1999 (c. 23))—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 6 — Bail
205

(a)
in paragraph (a), after “section 17(4)” insert “to (7)”,
(b)
in paragraph (b), for “section 21(1)(b) and (5) to (7)” substitute
“section 21(4C)(e)”, and
(c)
before paragraph (d) insert—
“(ca)
section 22A,”.
5
Youth Justice and Criminal Evidence Act 1999 (c. 23)
64
In section 27(5) of the Youth Justice and Criminal Evidence Act 1999 (c. 23)
(consequences of admitting video recording), in paragraph (a)(i), for
“otherwise than by testimony in court” substitute “in any recording
admissible under section 28”.
10
Part 6
Bail
Bail Act 1976 (c. 63)
65
In the Bail Act 1976—
(a)
in section 4 (general right to bail of accused persons etc), in
15
subsection (7) at the end add “and section 99(1) of the Coroners and
Justice Act 2009 (bail decisions in murder cases to be made by Crown
Court judge)”, and
(b)
in section 7 (liability to arrest for absconding or breaking conditions
of bail), after subsection (7) add—
20
“(8)
In the case of a person charged with murder or with murder
and one or more other offences—
(a)
subsections (4) and (5) have effect as if for “justice of
the peace” there were substituted “judge of the
Crown Court”,
25
(b)
subsection (6) has effect as if for “justice” (in both
places) there were substituted “judge”, and
(c)
subsection (7) has effect, for the purposes of
subsection (4), as if at the end there were added “,
Saturday or bank holiday.”
30
Magistrates’ Courts Act 1980 (c. 43)
66
In section 117 of the Magistrates’ Courts Act 1980 (warrant endorsed for
bail), after subsection (1) insert—
“(1A)
Subsection (1) is subject to section 99(1) of the Coroners and Justice
Act 2009 (bail decisions in murder cases to be made by Crown Court
35
judge).”
Supreme Court Act 1981 (c. 54)
67
In section 81 of the Supreme Court Act 1981 (granting of bail by the Crown
Court)—
(a)
after subsection (1)(g) insert—
40
“(h)
in respect of whom a judge of the Crown Court is
required to make a decision pursuant to section 99(3)

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Sentencing Council for England and Wales
206

of the Coroners and Justice Act 2009 (bail decisions in
murder cases to be made by Crown Court judge);”,
and
(b)
in subsection (5) for “either” to the end substitute “—
(a)
if the person is charged with murder or with murder
5
and one or more other offences, the Crown Court, and
(b)
in any other case, either the Crown Court or a
magistrates’ court.”
Police and Criminal Evidence Act 1984 (c. 60)
68
In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody
10
officer after charge), after subsection (1)(b) add—
“(c)
the offence with which the person is charged is murder.”
Crime and Disorder Act 1998 (c. 37)
69
In section 52 of the Crime and Disorder Act 1998 (supplementary provision
about persons sent for trial to Crown Court), in subsection (1), after “1980
15
Act” insert “, section 99(1) of the Coroners and Justice Act 2009”.
Part 7
Sentencing Council for England and Wales
Parliamentary Commissioner Act 1967 (c. 13)
70
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
20
subject to investigation), after the entry for the Security Industry Authority
insert—
“Sentencing Council for England and Wales.”
Magistrates’ Courts Act 1980 (c. 43)
71
In section 19 of the Magistrates’ Courts Act 1980 (decision as to allocation),
25
as substituted by Schedule 3 to the Criminal Justice Act 2003, in subsection
(3) for “170 of the Criminal Justice Act 2003” substitute “105 of the Coroners
and Justice Act 2009”.
Crime and Disorder Act 1998 (c. 37)
72
In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons
30
are sent for trial under section 51 of that Act), in paragraph 9(3), as
substituted by Schedule 3 to the Criminal Justice Act 2003, for “170 of the
Criminal Justice Act 2003” substitute “105 of the Coroners and Justice Act
2009”.
Freedom of Information Act 2000 (c. 36)
35
73
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: other public bodies and offices), after the entry for the Senior
Salaries Review Body insert—
“The Sentencing Council for England and Wales.”

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 7 — Sentencing Council for England and Wales
207

Criminal Justice Act 2003 (c. 44)
74
The Criminal Justice Act 2003 is amended as follows.
75
In section 174 (duty to give reasons for, and explain effect of, sentence)—
(a)
for subsection (2)(a) substitute—
“(a)
identify any definitive sentencing guidelines relevant
5
to the offender’s case and explain how the court
discharged any duty imposed on it by section 108 of
the Coroners and Justice Act 2009,
(aa)
where the court did not follow any such guidelines
because it was of the opinion that it would be contrary
10
to the interests of justice to do so, state why it was of
that opinion,”,
(b)
in subsection (2)(e), for “of particular importance” substitute
“relevant to the case”,
(c)
in subsection (4), for “Secretary of State” substitute “Lord
15
Chancellor”, and
(d)
in subsection (6), for the definition of “guidelines” substitute—
““definitive sentencing guidelines” means sentencing
guidelines issued by the Sentencing Council for
England and Wales under section 103 of the Coroners
20
and Justice Act 2009 as definitive guidelines, as
revised by any subsequent guidelines so issued;”.
76
In section 269 (determination of minimum term in relation to mandatory life
sentence)—
(a)
in subsection (6), for “Secretary of State” substitute “Lord
25
Chancellor”, and
(b)
in subsection (7), for “Secretary of State shall consult the Sentencing
Guidelines Council” substitute “Lord Chancellor must consult the
Sentencing Council for England and Wales”.
77
In section 277 (interpretation of Chapter 7), for the definition of “guidelines”
30
substitute—
““guidelines” means sentencing guidelines issued by the
Sentencing Council for England and Wales as definitive
guidelines under section 103 of the Coroners and Justice Act
2009, as revised by any subsequent guidelines so issued;”.
35
78
In section 330 (orders and rules), in subsection (1), after paragraph (b) add—
“(c)
the powers conferred on the Lord Chancellor by sections
174(4) and 269(6) to make an order.”
79
In Schedule 38 (transitory, transitional and saving provisions), omit
paragraphs 2 and 3.
40
Armed Forces Act 2006 (c. 52)
80
In section 259 of the Armed Forces Act 2006 (sentencing guidelines), for
subsection (5) substitute—
“(5)
In this section “guidelines” means sentencing guidelines issued by
the Sentencing Council for England and Wales under section 103 of
45

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 8 — Disqualification for driving
208

the Coroners and Justice Act 2009 as definitive guidelines, as revised
by any subsequent guidelines so issued.”
Part 8
Disqualification for driving
Road Traffic Offenders Act 1988 (c. 53)
5
81    (1)
The Road Traffic Offenders Act 1988 is amended as follows.
      (2)
In section 34(4) (disqualification for certain offences), in paragraph (b) after
“or more” insert “(disregarding any extension period added pursuant to
section 35A or 35B)”.
      (3)
In section 34A (as substituted by section 35 of the Road Safety Act 2006
10
(c. 49)) (reduced disqualification for attendance on courses)—
(a)
in subsection (1)(b), after “months” insert “(disregarding any
extension period added pursuant to section 35A or 35B)”,
(b)
in subsection (5), after “of this Act” insert “(disregarding any
extension period added pursuant to section 35A or 35B)”,
15
(c)
in subsection (6), after “order”, in first place it occurs, insert “(but
including any extension period added pursuant to section 35A or
35B)”, and
(d)
after subsection (7) insert—
“(7A)
“The reduced period” is the period of disqualification
20
imposed under section 34 of this Act (disregarding any
extension period added pursuant to section 35A or 35B) as
reduced by an order under this section.”
      (4)
In section 34B (as so substituted) (certificates of completion of courses)—
(a)
in subsection (1), for “unreduced period” substitute “total unreduced
25
period of disqualification”,
(b)
in subsection (2)—
(i)
for “unreduced period” substitute “total unreduced period of
disqualification”, and
(ii)
for “reduced period”, in both places it occurs, substitute “the
30
total reduced period of disqualification”, and
(c)
after subsection (11) add—
“(12)
For the purposes of this section—
“the total reduced period of disqualification” means the
period of disqualification imposed under section 34
35
(including any extension period added to that period
pursuant to section 35A or 35B), as reduced by an
order under section 34A;
“the total unreduced period of disqualification” means
the period of disqualification imposed under section
40
34 (including any such extension period),
disregarding any reduction by such an order.”
      (5)
In section 34D (as inserted by section 15 of the Road Safety Act 2006)
(reduced disqualification period: alcohol ignition interlock programme
orders)—
45