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 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
221

offence under Part 2 of the Serious Crime Act 2007 (c. 27) include a reference
to the common law offence of incitement.
Evidence of previous complaint
25
Section 96 does not have effect in relation to trials or hearings begun before
the commencement of that section.
5
Indictment of offenders
26    (1)
For the purposes of any proceedings before a court (including proceedings
on an appeal to the court) after the passing of this Act, the amendments in
subsections (1) and (2) of section 100 are to be deemed always to have had
effect.
10
      (2)
For the purposes of sub-paragraph (1), it is immaterial whether the
proceedings were begun before or after the passing of this Act.
Part 4
Sentencing
Sentencing Council for England and Wales
15
27    (1)
Nothing in section 108 or 109 has effect in relation to the sentencing of
persons for offences committed before the commencement of the section in
question.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
20
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
28    (1)
Without prejudice to the generality of section 158, an order under subsection
(3) of that section made by the Lord Chancellor may provide—
(a)
for the Sentencing Council for England and Wales to exercise any
25
function conferred on the Sentencing Guidelines Council by any
provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003
(c. 44) pending the repeal of the provision in question by this Act;
(b)
for existing guidelines which have effect immediately before the
coming into force of section 108(1) to be treated as guidelines issued
30
by the Sentencing Council for England and Wales under this Act;
(c)
that, in relation to the sentencing of persons for offences committed
before the coming into force of section 108(1), any provision of
Chapter 1 of Part 12 of the Criminal Justice Act 2003 repealed by this
Act continues to have effect with such modifications as are specified
35
in the order.
      (2)
“Existing guidelines” means—
(a)
sentencing or allocation guidelines issued as definitive guidelines
under section 170 of the Criminal Justice Act 2003;
(b)
guidelines with respect to sentencing which were included in any
40
judgment of the Court of Appeal given before 27 February 2004 and
have not been superseded by sentencing guidelines so issued.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
222

Driving disqualification
29    (1)
No provision of Schedule 14 applies in relation to offences committed
wholly or partly before the commencement of the provision in question.
      (2)
An offence is partly committed before the commencement of a provision if—
(a)
a relevant event occurs before commencement, and
5
(b)
another relevant event occurs on or after commencement.
      (3)
“Relevant event” in relation to an offence means any act or other event
(including any consequence of an act) proof of which is required for
conviction of the offence.
30    (1)
During the transitory period, the Road Traffic Offenders Act 1988 (c. 53) has
10
effect with the amendments made by paragraphs 31 to 33.
      (2)
The transitory period is—
(a)
in the case of paragraph 31 or 32, the period beginning with the
coming into force of the paragraph and ending with the coming into
force of section 35 of the Road Safety Act 2006 (which substitutes
15
sections 34A to 34C of the Road Traffic Offenders Act 1988);
(b)
in the case of paragraph 33, the period beginning with the coming
into force of the paragraph and ending with the coming into force of
paragraph 44(2) of Schedule 3 to the Road Safety Act 2006.
31
In section 34A (reduced disqualification period for attendance on courses)—
20
(a)
in subsection (1)(b), after “months” insert “(disregarding any
extension period added pursuant to section 35A or 35B)”,
(b)
in subsection (2), after “section 34” insert “(disregarding any
extension period added pursuant to section 35A or 35B) (“the
unreduced period”)”,
25
(c)
in subsection (3), after “section 34”, in both places it occurs, insert
“(disregarding any extension period added pursuant to section 35A
or 35B)”,
(d)
after that subsection insert—
“(3A)
“The reduced period” is the period of disqualification
30
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.”, and
(e)
in subsection (5), at the end insert “but including any extension
period added pursuant to section 35A or 35B.”
35
32
In section 34B (certificates of completion of courses)—
(a)
in subsection (1), for “period of disqualification imposed under
section 34” substitute “total unreduced period of disqualification”,
(b)
in subsection (2)—
(i)
for “period of disqualification imposed under section 34”
40
substitute “total unreduced period of disqualification”,
(ii)
for “end of the period as it would have been reduced by the
order” substitute “total reduced period of disqualification”,
and
(iii)
for “reduced period” substitute “total reduced period of
45
disqualification”, and

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 4 — Sentencing
223

(c)
after that subsection insert—
“(2A)
For the purposes of this section—
“the total reduced period of disqualification” means the
period of disqualification imposed under section 34
(including any extension period added to that period
5
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
34 (including any such extension period),
10
disregarding any reduction by such an order.”
33
In section 47(2) (supplementary provisions as to disqualification and
endorsement) after “or more” insert “(disregarding any extension period
added pursuant to section 35A or 35B)”.
34    (1)
Sub-paragraph (2) applies where an order (“the amending order”) under
15
section 49(1)(b) of the Criminal Justice Act 1991 (c. 53) (alteration by order of
relevant proportions of sentences) provides that the proportion of a
prisoner’s sentence is to be construed as a reference to another proportion
(“the new proportion”).
      (2)
The Secretary of State may by order provide that the proportion specified in
20
section 35A(4)(h) of the Road Traffic Offenders Act 1988 (c. 53) (as inserted
by Schedule 14) and section 147A(4)(h) of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (as inserted by that Schedule) is to be read, in the
case of a custodial sentence to which the amending order applies, as a
reference to the new proportion.
25
35    (1)
Sub-paragraph (2) applies where an order (“the amending order”) under
section 27(2)(b) of the Prisoners and Criminal Proceedings (Scotland) Act
1993 (c. 9) (alteration by order of relevant proportions of sentences) provides
that the proportion of a prisoner’s sentence is to be construed as a reference
to another proportion (“the new proportion”).
30
      (2)
The Secretary of State may by order provide that the proportion specified in
section 35B(4)(d) of the Road Traffic Offenders Act 1988 (as inserted by
Schedule 14) and section 248D(4)(d) of the Criminal Procedure (Scotland)
Act 1995 (c. 46) (as inserted by that Schedule) is to be read, in the case of a
sentence of imprisonment to which the amending order applies, as a
35
reference to the new proportion.
36
Until the coming into force of Part 2 of the Custodial Sentences and Weapons
(Scotland) Act 2007 (asp 17), paragraph 1(3) and 2 of Schedule 14 have effect
subject to such amendments as the Secretary of State may by order prescribe.
Dangerous offenders
40
37    (1)
The amendments made by section 121 have effect in relation only to offences
committed on or after the day that section comes into force.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of sub-paragraph 1 to have been committed on the
45
last of those days.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 5 — Miscellaneous
224

38    (1)
The amendments made by section 122 have effect in relation only to offences
committed on or after the day that section comes into force.
      (2)
Where an offence is found to have been committed over a period of 2 or
more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of sub-paragraph 1 to have been committed on the
5
last of those days.
Part 5
Miscellaneous
Treatment of convictions in other member States etc
39
No provision of paragraph 1, 2 or 13 to 18 of Schedule 15 has effect in relation
10
to trials or hearings begun before the commencement of that provision.
40    (1)
No provision of paragraph 6 or 8 to 12 of that Schedule has effect in relation
to any sentence passed in relation to a conviction for an offence committed
before the coming into force of that provision.
      (2)
Where an offence is found to have been committed over a period of 2 or
15
more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
41    (1)
No provision of paragraph 7 or 10 of that Schedule has effect in relation to
any sentence passed in relation to a conviction for a service offence
20
committed before the coming into force of that provision.
      (2)
Where a service offence is found to have been committed over a period of 2
or more days, or at some time during a period of 2 or more days, it must be
taken for the purposes of sub-paragraph (1) to have been committed on the
last of those days.
25
      (3)
For the purposes of this paragraph—
(a)
“service offence” has the meaning given in section 50(2) of the Armed
Forces Act 2006 (c. 52), and
(b)
subsections (1) to (3) of section 376 of that Act apply as they apply in
relation to that Act.
30
Transfer of functions to Parole Board
42    (1)
Except as provided by this paragraph—
(a)
section 37(5A) of the 1991 Act (as inserted by section 126(3)(b) of this
Act) applies to prisoners released on licence under section 35(1) of
that Act before (as well as after) commencement, and
35
(b)
the repeal by this Act of section 37(5) and (6) of that Act applies to
such prisoners and to prisoners released on licence under section
33(2), (3) or (3A) of that Act before (as well as after) commencement.
      (2)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its
continued application to a prisoner where—
40
(a)
the prisoner is released on licence after commencement under
section 33(2), (3) or (3A) or 35(1) of that Act, but

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 5 — Miscellaneous
225

(b)
the Parole Board has before commencement exercised the function
under section 37(5) of that Act of making recommendations as to any
condition to be included or inserted as a condition in the prisoner’s
licence (including by making a recommendation that no condition
should be included in that licence).
5
      (3)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its
continued application to a prisoner where, before commencement—
(a)
the prisoner has been released on licence under section 33(2), (3) or
(3A) or 35(1) of that Act, and
(b)
the Parole Board has exercised the function under section 37(5) of
10
that Act of—
(i)
making recommendations as to the inclusion or insertion of a
condition in the prisoner’s licence (including by making a
recommendation that no condition should be included in that
licence), or
15
(ii)
making recommendations as to the variation or cancellation
of any such condition (including a recommendation that the
condition should not be varied or cancelled).
      (4)
Nothing in this paragraph applies to a person whose licence has, before
commencement, ceased to be in force by virtue of section 37(1) of the 1991
20
Act.
      (5)
In this paragraph—
(a)
“commencement” means the commencement of section 126(3);
(b)
“the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it
continues to apply to persons sentenced for offences committed
25
before 4 April 2005);
(c)
the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act
includes a reference to that provision as modified (for certain long-
term prisoners) by the Parole Board (Transfer of Functions) Order
1998 (S.I. 1998/3218);
30
(d)
the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are
to that provision as so modified;
(e)
the references in sub-paragraphs (2) and (3) to section 37(5) of the
1991 Act are to that provision as so modified.
Knives in court buildings etc
35
43    (1)
No provision of section 127 has effect in relation to property which was
surrendered or seized before the coming into force of that provision.
      (2)
No provision of section 128 has effect in relation to property which was
surrendered or seized before the coming into force of that provision.
Criminal memoirs etc
40
44
Until both sections 22(1) and 27(1) of the Justice (Northern Ireland) Act 2002
(c. 26) come into force the reference in section 141(3)(b) to the Advocate
General for Northern Ireland is to be read as a reference to the Attorney
General for Northern Ireland.

Coroners and Justice Bill
Schedule 21 — Repeals
Part 1 — Coroners etc
226

Assessment of dangerousness and service offences
45
Nothing in paragraph 86 of Schedule 19 has effect in relation to any person
sentenced under section 225, 226, 227 or 228 of the Criminal Justice Act 2003
(c. 44) before the passing of this Act.
Schedule 21
5
Section 159

Repeals
Part 1
Coroners etc

Short title and chapter
Extent of repeal

Births and Deaths Registration
In section 20, from “, at any time” to “of any

10

Act 1953 (c. 20)
person,”.

Section 21.

Section 23A(6).

In section 29(4), paragraph (b) and the “or”

preceding it.

15

Section 34(4).

Coroners Act (Northern
Section 19.

Ireland) 1959 (c. 15)
Section 20.

Juries Act 1974 (c. 23)
Section 22(1).

Magistrates’ Courts Act 1980
In Schedule 6A, the entry relating to the

20

(c. 43)
Coroners Act 1988.

Coroners Act 1988 (c. 13)
The whole Act.

Caldey Island Act 1990 (c. 44)
Section 3.

In section 4(1), paragraph (c).

Local Government (Wales) Act
In Schedule 17, paragraph 23.

25

1994 (c. 19)

Treasure Act 1996 (c. 24)
Section 13.

Access to Justice Act 1999 (c. 22)
Section 71.

Section 104(1).

Regulation of Investigatory
In section 18(7), the “or” at the end of paragraph

30

Powers Act 2000 (c. 23)
(b).

Regional Assemblies (Prepara-
In the Schedule, paragraph 2.

tions) Act 2003 (c. 10)

Courts Act 2003 (c. 39)
In Schedule 8, paragraph 302.

Criminal Justice Act 2003 (c. 44)
In Schedule 3, paragraph 59.

35

Domestic Violence, Crime and
In Schedule 10, paragraphs 26 and 27.

Victims Act 2004 (c. 28)

Human Tissue Act 2004 (c. 30)
In Schedule 6, paragraph 3.

Coroners and Justice Bill
Schedule 21 — Repeals
Part 3 — Criminal evidence and procedure
227

Short title and chapter
Extent of repeal

Constitutional Reform Act 2005
In Schedule 1, paragraphs 19 to 21.

(c. 4)
In Schedule 4, paragraphs 193 to 195.

In Schedule 7, in paragraph 4, the entry in

Part A relating to the Coroners Act 1988.

5

Road Safety Act 2006 (c. 49)
Section 20(5).

Section 21(4).

Armed Forces Act 2006 (c. 52)
In Schedule 16, paragraphs 110 and 111.

Corporate Manslaughter and
In Schedule 2, paragraph 1.

Corporate Homicide Act 2007

10

(c. 19)

Local Government and Public
In Schedule 1, paragraph 15.

Involvement in Health Act

2007 (c. 28)

Part 2
15
Criminal offences

Short title and chapter
Extent of repeal

Homicide Act 1957 (c. 11)
Section 3.

Suicide Act 1961 (c. 60)
In Schedule 1—

(a)
in Part 1, the entry relating to the

20

Children and Young Persons Act 1933,

and

(b)
in Part 2, the entry relating to section 7 of

the Visiting Forces Act 1952.

Criminal Justice Act (Northern
Section 7.

25

Ireland) 1966 (c. 20)

Public Order Act 1986 (c. 64)
Section 29JA.

Criminal Justice and
In Schedule 16, paragraph 14.

Immigration Act 2008 (c. 4)

Part 3
30
Criminal evidence and procedure

Short title and chapter
Extent of repeal

Administration of Justice
In section 2—

(Miscellaneous Provisions)
(a)
in subsection (2), from “, and where” to

Act 1933 (c. 36)
“the bill,”,

35

(b)
in subsection (2), from “Provided” to the

end, and

(c)
in subsection (3), “has been signed by the

proper officer of the court”.

In Schedule 2, in paragraph 1, “and signing”.

40

Supreme Court Act 1981 (c. 54)
In section 82(1), “the signing of indictments,”.