Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
69

(c)
patterns of re-offending;
(d)
decisions or recommendations for release made by the Parole Board;
(e)
the early release under discretionary powers of persons detained in
prison;
(f)
the remanding of persons in custody.
5
(5)
The orders within this subsection are—
(a)
community orders (within the meaning of section 177 of the Criminal
Justice Act 2003 (c. 44)),
(b)
suspended sentence orders (within the meaning of section 189(7) of that
Act), and
10
(c)
youth rehabilitation orders (within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2008 (c. 4)).
115
Duty to assess impact of policy and legislative proposals
(1)
This section applies where the Lord Chancellor refers to the Council any
government policy proposal, or government proposal for legislation, which
15
the Lord Chancellor considers may have a significant effect on one or more of
the following—
(a)
the demand for prison places;
(b)
the resources required for probation provision;
(c)
the resources required for the provision of youth justice services.
20
(2)
For the purposes of subsection (1)—
“government policy proposal” includes a policy proposal of the Welsh
Ministers;
“government proposal for legislation” includes a proposal of the Welsh
Ministers for legislation.
25
(3)
The Council must assess the likely effect of the proposal on the matters
mentioned in paragraphs (a) to (c) of subsection (1).
(4)
The Council must prepare a report of the assessment and send the report—
(a)
to the Lord Chancellor, and
(b)
if the report relates to a proposal of the Welsh Ministers, to the Welsh
30
Ministers.
(5)
A single report may be prepared of the assessments relating to 2 or more
proposals.
(6)
If the Lord Chancellor receives a report under subsection (4) the Lord
Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay
35
a copy of it before each House of Parliament.
(7)
If the Welsh Ministers receive a report under subsection (4) they must lay a
copy of it before the National Assembly for Wales.
(8)
The Council must publish a report which has been laid in accordance with
subsections (6) and (7).
40
(9)
In this section “legislation” means—
(a)
an Act of Parliament if, or to the extent that, it extends to England and
Wales;

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
70

(b)
subordinate legislation made under an Act of Parliament if, or to the
extent that, the subordinate legislation extends to England and Wales;
(c)
a Measure or Act of the National Assembly for Wales or subordinate
legislation made under such a Measure or Act.
Lord Chancellor’s functions
5
116
Assistance by the Lord Chancellor
The Lord Chancellor may provide the Council with such assistance as it
requests in connection with the performance of its functions.
117
Entrenchment of Lord Chancellor’s functions
In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions
10
of the Lord Chancellor), in Part A of paragraph 4—
(a)
for the entry for the Criminal Justice Act 2003 (c. 44) substitute—
“Criminal Justice Act 2003 (c. 44)
Section 174(4)
Section 269(6) and (7)”, and
15
(b)
after the entry for the Tribunals, Courts and Enforcement Act 2007
(c. 15) insert—
“Coroners and Justice Act 2009 (c. 00)
Section 102(1) and (2)
Section 103(6)
20
Section 105(4)
Section 107(1)
Section 114(2)
Section 115(1), (4) and (6)
Section 116
25
Schedule 13”.
Miscellaneous and general
118
Abolition of existing sentencing bodies
The following are abolished—
(a)
the Sentencing Guidelines Council;
30
(b)
the Sentencing Advisory Panel.
119
Interpretation of this Chapter
In this Chapter, except where the context otherwise requires—
“allocation guidelines” has the meaning given by section 105;
“annual report” means a report made under section 102;
35
“the Council” means the Sentencing Council for England and Wales;
“definitive sentencing guidelines” means sentencing guidelines issued by
the Council under section 103 as definitive guidelines, as revised by any
subsequent guidelines so issued;
“financial year” means a period of 12 months ending with 31 March;
40

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 2 — Other provisions relating to sentencing
71

“prison”—
(a)
includes any youth detention accommodation within the
meaning of section 107(1) of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (detention and training orders), but
(b)
does not include any naval, military or air force prison;
5
“probation provision” has the meaning given by section 2 of the Offender
Management Act 2007 (c. 21);
“sentence”, in relation to an offence, includes any order made by a court
when dealing with the offender in respect of the offender’s offence, and
“sentencing” is to be construed accordingly;
10
“sentencing guidelines” has the meaning given by section 103;
“youth justice services” has the meaning given by section 38(4) of the
Crime and Disorder Act 1998 (c. 37).
Chapter 2
Other provisions relating to sentencing
15
Driving disqualification
120
Extension of driving disqualification
Schedule 14 makes provision about the extension of disqualification for
holding or obtaining a driving licence in certain circumstances.
Dangerous offenders
20
121
Dangerous offenders: terrorism offences (England and Wales)
(1)
Part 1 of Schedule 15 to the Criminal Justice Act 2003 (c. 44) (specified violent
offences for the purposes of Chapter 5 of Part 12 of that Act) is amended as
follows.
(2)
After paragraph 59 insert—
25
“59A
An offence under section 54 of the Terrorism Act 2000 (weapons
training).
59B
An offence under section 56 of that Act (directing terrorist
organisation).
59C
An offence under section 57 of that Act (possession of article for
30
terrorist purposes).
59D
An offence under section 59 of that Act (inciting terrorism overseas).”
(3)
After paragraph 60 insert—
“60A
An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).
35
60B
An offence under section 50 of that Act (assisting or inducing certain
weapons-related acts overseas).

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 2 — Other provisions relating to sentencing
72

60C
An offence under section 113 of that Act (use of noxious substance or
thing to cause harm or intimidate).”
(4)
After paragraph 63A insert—
“63B
An offence under section 5 of the Terrorism Act 2006 (preparation of
terrorist acts).
5
63C
An offence under section 6 of that Act (training for terrorism).
63D
An offence under section 9 of that Act (making or possession of
radioactive device or material).
63E
An offence under section 10 of that Act (use of radioactive device or
material for terrorist purposes etc).
10
63F
An offence under section 11 of that Act (terrorist threats relating to
radioactive devices etc).”
122
Dangerous offenders: terrorism offences (Northern Ireland)
(1)
Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order)
15
is amended in accordance with subsections (2) to (4).
(2)
After paragraph 25 insert—
“The Terrorism Act 2000 (c. 11)
25A
An offence under—
section 54 (weapons training),
20
section 56 (directing terrorist organisation),
section 57 (possession of article for terrorist purposes), or
section 59 (inciting terrorism overseas).”
(3)
After paragraph 26 insert—
“The Anti-terrorism, Crime and Security Act 2001 (c. 24)
25
26A
An offence under—
section 47 (use etc of nuclear weapons),
section 50 (assisting or inducing certain weapons-related acts
overseas), or
section 113 (use of noxious substance or thing to cause harm or
30
intimidate).”
(4)
After paragraph 31 insert—
“The Terrorism Act 2006 (c. 11)
31ZA
An offence under—
section 5 (preparation of terrorist acts),
35
section 6 (training for terrorism),
section 9 (making or possession of radioactive device or
material),

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
73

section 10 (use of radioactive device or material for terrorist
purposes etc), or
section 11 (terrorist threats relating to radioactive devices etc).”
(5)
Part 1 of Schedule 2 to that Order (specified violent offences) is amended in
accordance with subsections (6) to (8).
5
(6)
After paragraph 27 insert—
“The Terrorism Act 2000 (c. 11)
27A
An offence under—
section 54 (weapons training),
section 56 (directing terrorist organisation),
10
section 57 (possession of article for terrorist purposes), or
section 59 (inciting terrorism overseas).”
(7)
After paragraph 28 insert—
“The Anti-terrorism, Crime and Security Act 2001 (c. 24)
28A
An offence under—
15
section 47 (use etc of nuclear weapons),
section 50 (assisting or inducing certain weapons-related acts
overseas), or
section 113 (use of noxious substance or thing to cause harm or
intimidate).”
20
(8)
After paragraph 31 insert—
“The Terrorism Act 2006 (c. 11)
31A
An offence under—
section 5 (preparation of terrorist acts),
section 6 (training for terrorism),
25
section 9 (making or possession of radioactive device or
material),
section 10 (use of radioactive device or material for terrorist
purposes etc), or
section 11 (terrorist threats relating to radioactive devices etc).”
30
Part 5
Miscellaneous criminal justice provisions
123
Commissioner for Victims and Witnesses
(1)
Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims
etc) is amended as follows.
35
(2)
In section 48 (the Commissioner for Victims and Witnesses)—
(a)
omit subsections (3) to (5) (establishment of corporation sole, no Crown
status etc), and

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
74

(b)
for subsection (6) substitute—
“(6)
The Secretary of State may pay to, or in respect of, the
Commissioner amounts—
(a)
by way of remuneration, pensions, allowances or
gratuities, or
5
(b)
by way of provision for any such benefits.
(7)
The Secretary of State may pay sums in respect of the expenses
of the Commissioner.”
(3)
In section 49 (general functions of Commissioner)—
(a)
omit subsection (2)(d) (carrying out of research),
10
(b)
omit subsection (3)(b) (laying of reports before Parliament), and
(c)
at the end add—
“(4)
The Commissioner must prepare in respect of each calendar
year a report on the carrying out of the functions of the
Commissioner during the year.
15
(5)
The Commissioner must send a copy of each report prepared
under subsection (4) to—
(a)
the Secretary of State for Justice,
(b)
the Attorney General, and
(c)
the Secretary of State for the Home Department.
20
(6)
Reports under subsection (2)(b) or (4) must be published by the
Commissioner.
(7)
If section 48 comes into force after the beginning of a calendar
year, the first report under subsection (4) may relate to a period
beginning with the day on which that section comes into force
25
and ending with the end of the next calendar year.”
(4)
Omit section 50(2) (advice to authorities within Commissioner’s remit).
(5)
In section 55 (Victims’ Advisory Panel)—
(a)
after subsection (1) insert—
“(1A)
The persons appointed under subsection (1) must include the
30
Commissioner.
(1B)
The Commissioner is to chair the Panel.”,
(b)
in subsection (2), in paragraph (a) for “a” substitute “any other”, and
(c)
in paragraph (b) of that subsection for “a” substitute “such a”.
(6)
Omit Schedule 8 (supplementary provision about the Commissioner for
35
Victims and Witnesses).
124
Implementation of E-Commerce and Services directives: penalties
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (c. 68)
(limitation on penalty which can be imposed for a criminal offence) does not
apply in relation to the exercise of the powers conferred by section 2(2) of that
40
Act (implementation of EU obligations etc) for the purpose of implementing—
(a)
Directive 2000/31/EC of the European Parliament and of the Council
of 8 June 2000 on certain legal aspects of information society services in

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
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particular electronic commerce in the Internal Market (Directive on
electronic commerce), or
(b)
Directive 2006/123/EC of the European Parliament and of the Council
of 12 December 2006 on services in the internal market.
125
Treatment of convictions in other member States etc
5
Schedule 15 contains—
(a)
amendments relating to the treatment of criminal convictions imposed
by courts outside England and Wales, and
(b)
amendments relating to the treatment of criminal convictions imposed
by courts outside Northern Ireland.
10
126
Transfer to Parole Board of functions under the Criminal Justice Act 1991
(1)
Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons
sentenced for offences committed before 4th April 2005) is amended as follows.
(2)
In section 35 (power to release long-term prisoners), for subsection (1)
substitute—
15
“(1)
After a long-term prisoner has served one-half of his sentence, the
Secretary of State shall, if recommended to do so by the Board, release
him on licence.”
(3)
In section 37 (duration and conditions of licences)—
(a)
omit subsection (5),
20
(b)
after that subsection insert—
“(5A)
The Secretary of State shall not include on release, or
subsequently insert, a condition in the licence of a long-term
prisoner to whom section 35(1) applies, or vary or cancel any
such condition, except in accordance with recommendations of
25
the Board.”, and
(c)
omit subsection (6).
(4)
The reference in subsection (2) above to section 35(1) and the reference in
subsection (3)(a) above to section 37(5) each includes a reference to that
provision as modified (for certain long-term prisoners) by the Parole Board
30
(Transfer of Functions) Order 1998 (S.I. 1998/3218).
127
Retention of knives surrendered or seized (England and Wales)
(1)
The Courts Act 2003 (c. 39) is amended as follows.
(2)
In section 55 (powers to retain articles surrendered or seized), after subsection
(3) add—
35
“(4)
This section is subject to section 55A.”
(3)
After section 55 insert—
“55A
Retention of knives surrendered or seized
(1)
This section applies where a knife is surrendered to a court security
officer in response to a request under section 54(1) or seized by a court
40
security officer under section 54(2).