|
| |
|
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 |
| |
| |
“(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 |
| |
| |
(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 |
| |
| 35 |
(3) | In Schedule 3 (offences to be disregarded for the purposes of the offences |
| |
under sections 45 and 46)— |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
| 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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
“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 |
| |
“(av) | an offence under section 49(1) of the Coroners and Justice |
| |
Act 2009 (possession of prohibited images of children).” |
| |
| |
| 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.” |
| |
| |
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))— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | before paragraph (d) insert— |
| |
| 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 |
| |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
Supreme Court Act 1981 (c. 54) |
| |
67 | In section 81 of the Supreme Court Act 1981 (granting of bail by the Crown |
| |
| |
(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) |
| |
|
| |
|
| |
|
of the Coroners and Justice Act 2009 (bail decisions in |
| |
murder cases to be made by Crown Court judge);”, |
| |
| |
(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 |
| |
| |
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”. |
| |
| |
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 |
| |
| |
“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 |
| |
| |
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 |
| |
| |
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.” |
| |
|
| |
|
| |
|
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 |
| |
| |
(b) | in subsection (2)(e), for “of particular importance” substitute |
| |
| |
(c) | in subsection (4), for “Secretary of State” substitute “Lord |
| 15 |
| |
(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 |
| |
| |
(a) | in subsection (6), for “Secretary of State” substitute “Lord |
| 25 |
| |
(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 |
| |
““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 |
| |
| 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 |
|
| |
|
| |
|
the Coroners and Justice Act 2009 as definitive guidelines, as revised |
| |
by any subsequent guidelines so issued.” |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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”, |
| |
| |
(i) | for “unreduced period” substitute “total unreduced period of |
| |
| |
(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 |
| |
| |
“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 |
| |
| 45 |
|
| |
|