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Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill


 
 

37

157

Page 150, line 23, at end insert—

 

“President of the Council

 

    (1)  

The Lord Chief Justice is to have the title of President of the Sentencing

 

Council for England and Wales.

 

      (2)  

The President is not a member of the Council.”

158

Page 151, line 4, leave out “2(1) or (2)” and insert “2”

Schedule 14

159

Page 151, line 20, at end insert—

 

“Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))

 

A1         

After Article 8 of the Criminal Justice (Northern Ireland) Order 1980

 

insert—

 

“8A    

Extension of disqualification where custodial sentence also

 

imposed

 

(1)    

This Article applies where a person is convicted of an offence for

 

which the court—

 

(a)    

imposes a custodial sentence, and

 

(b)    

orders the person to be disqualified under Article 8 for

 

holding or obtaining a driving licence or a provisional

 

licence granted under Part 2 of the Road Traffic (Northern

 

Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

 

(2)    

The order under Article 8 must provide for the person to be

 

disqualified for the appropriate extension period, in addition to

 

the discretionary disqualification period.

 

(3)    

The discretionary disqualification period is the period for which,

 

in the absence of this Article, the court would have disqualified

 

the person under Article 8.

 

(4)    

The appropriate extension period is—

 

(a)    

where a court imposes a sentence under Article 45(2) of

 

the Criminal Justice (Children) (Northern Ireland) Order

 

1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave

 

crimes: indeterminate sentences), a period equal to the

 

period specified in the sentence under Article 45(2) of that

 

Order less any relevant discount;

 

(b)    

where an order under Article 5(1) of the Life Sentences

 

(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2))

 

(determination of tariffs) is made in relation to the

 

custodial sentence, a period equal to the part of the

 

sentence specified in that order less any relevant

 

discount;

 

(c)    

where Article 8(1) of the Criminal Justice (Northern

 

Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for

 

a determinate term) applies in relation to the custodial

 

sentence, a period equal to the custodial period specified


 
 

38

 
 

pursuant to Article 8(2) of that Order less any relevant

 

discount;

 

(d)    

where a court imposes a sentence under Article 13(3) of

 

the Criminal Justice (Northern Ireland) Order 2008

 

(indeterminate custodial sentences for serious offences), a

 

period equal to the period specified pursuant to Article

 

13(3)(b) of that Order less any relevant discount;

 

(e)    

where Article 14(3) of the Criminal Justice (Northern

 

Ireland) Order 2008 (extended custodial sentences for

 

certain offences where the offender is aged over 21)

 

applies in relation to the custodial sentence, a period

 

equal to half of the term imposed pursuant to Article

 

14(3)(a) of that Order calculated after that term has been

 

reduced by any relevant discount;

 

(f)    

where Article 14(5) of the Criminal Justice (Northern

 

Ireland) Order 2008 (extended custodial sentences for

 

certain offences where the offender is aged under 21)

 

applies in relation to the custodial sentence, a period

 

equal to half of the term imposed pursuant to Article

 

14(5)(a) of that Order calculated after that term has been

 

reduced by any relevant discount;

 

(g)    

in any other case, a period equal to half the custodial

 

sentence imposed calculated after that sentence has been

 

reduced by any relevant discount.

 

(5)    

If a period determined under paragraph (4) includes a fraction of

 

a day, that period is to be rounded up to the nearest number of

 

whole days.

 

(6)    

The “relevant discount” is the number of days by which the

 

custodial sentence is treated as reduced by virtue of section 26(2)

 

of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)

 

(periods in custody before sentence passed etc).

 

(7)    

This Article does not apply where—

 

(a)    

the custodial sentence was a suspended sentence, or

 

(b)    

the court has made an order under Article 5(3) of the Life

 

Sentences (Northern Ireland) Order 2001 (life sentence:

 

no early release) in relation to the custodial sentence.

 

(8)    

Paragraph (9) applies where an amending order provides that

 

the proportion of a prisoner’s sentence referred to in Article

 

18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008

 

(duty to release prisoners serving extended custodial sentences)

 

is to be read as a reference to another proportion (“the new

 

proportion”).

 

(9)    

The Secretary of State may by order provide that the proportion

 

specified in paragraph (4)(e) and (f) of this Article is to be read, in

 

the case of a custodial sentence to which the amending order

 

applies, as a reference to the new proportion.

 

(10)    

An order under paragraph (9) is subject to annulment by a

 

resolution of either House of Parliament in like manner as a

 

statutory instrument and section 5 of the Statutory Instruments

 

Act 1946 (instruments subject to annulment by resolution of

 

either House of Parliament) applies accordingly.


 
 

39

 
 

(11)    

In this Article—

 

“amending order” means an order under Article 18(9) of the

 

Criminal Justice (Northern Ireland) Order 2008

 

(alteration by order of relevant part of sentence);

 

“custodial sentence” has the meaning given by Article 4 of

 

the Criminal Justice (Northern Ireland) Order 2008;

 

“suspended sentence” means a suspended sentence or order

 

for detention under section 18 of the Treatment of

 

Offenders Act (Northern Ireland) 1968.

 

8B      

Effect of custodial sentence in other cases

 

(1)    

This Article applies where a person is convicted of an offence for

 

which a court proposes to order the person to be disqualified

 

under Article 8 for holding or obtaining a driving licence or a

 

provisional licence granted under Part 2 of the Road Traffic

 

(Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) and—

 

(a)    

the court proposes to impose on the person a custodial

 

sentence (other than a suspended sentence) for another

 

offence, or

 

(b)    

at the time of sentencing for the offence, a custodial

 

sentence imposed on the person on an earlier occasion

 

has not expired.

 

(2)    

In determining the period for which the person is to be

 

disqualified under Article 8, the court must have regard to the

 

consideration in paragraph (3) if and to the extent that it is

 

appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a

 

distinct punishment if the person who is disqualified is also

 

detained in pursuance of a custodial sentence.

 

(4)    

If the court proposes to order the person to be disqualified under

 

Article 8 and to impose a custodial sentence for the same offence,

 

the court may not in relation to that disqualification take that

 

custodial sentence into account for the purposes of paragraph (2).

 

(5)    

In this Article “custodial sentence” and “suspended sentence”

 

have the same meaning as in Article 8A.””

160

Page 152, line 35, at end insert—

 

  “(4A)  

If a period determined under subsection (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

161

Page 153, line 28, at end insert—

 

“35AA

Effect of custodial sentence in other cases

 

(1)    

This section applies where a person is convicted in England and Wales of

 

an offence for which a court proposes to order the person to be disqualified

 

under section 34 or 35 and—

 

(a)    

the court proposes to impose on the person a custodial sentence

 

(other than a suspended sentence) for another offence, or

 

(b)    

at the time of sentencing for the offence, a custodial sentence

 

imposed on the person on an earlier occasion has not expired.


 
 

40

 
 

(2)    

In determining the period for which the person is to be disqualified under

 

section 34 or 35, the court must have regard to the consideration in

 

subsection (3) if and to the extent that it is appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a custodial sentence.

 

(4)    

If the court proposes to order the person to be disqualified under section 34

 

or 35 and to impose a custodial sentence for the same offence, the court may

 

not in relation to that disqualification take that custodial sentence into

 

account for the purposes of subsection (2).

 

(5)    

In this section “custodial sentence” and “suspended sentence” have the

 

same meaning as in section 35A.””

162

Page 153, line 29, leave out “35A” and insert “35AA”

163

Page 154, line 4, at end insert—

 

  “(4A)  

If a period determined under subsection (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

164

Page 154, line 36, leave out from “includes” to second “of” in line 37 and insert—

 

“—

 

(a)    

an order for detention in residential accommodation under

 

section 44 of the 1995 Act, and

 

(b)    

a sentence of detention under section 205, 207 or 208”

165

Page 154, line 37, at end insert—

 

“35C  

Effect of sentence of imprisonment in other cases: Scotland

 

(1)    

This section applies where a person is convicted in Scotland of an offence

 

for which a court proposes to order the person to be disqualified under

 

section 34 or 35 and—

 

(a)    

the court proposes to impose on the person a sentence of

 

imprisonment for another offence, or

 

(b)    

at the time of sentencing for the offence, a sentence of imprisonment

 

imposed on the person on an earlier occasion has not expired.

 

(2)    

In determining the period for which the person is to be disqualified under

 

section 34 or 35, the court must have regard to the consideration in

 

subsection (3) if and to the extent that it is appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a sentence of imprisonment.

 

(4)    

If the court proposes to order the person to be disqualified under section 34

 

or 35 and to impose a sentence of imprisonment for the same offence, the

 

court may not in relation to that disqualification take that sentence of

 

imprisonment into account for the purposes of subsection (2).

 

(5)    

In this section “sentence of imprisonment” has the same meaning as in

 

section 35B.””

166

Page 155, line 16, at end insert—


 
 

41

 
 

  “(4A)  

If a period determined under subsection (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

167

Page 155, line 47, leave out from “includes” to second “of” in line 48 and insert—

 

“—

 

(a)    

an order for detention in residential accommodation under

 

section 44 of this Act, and

 

(b)    

a sentence of detention under section 205, 207 or 208”

168

Page 155, line 48, at end insert—

 

“248E

Effect of sentence of imprisonment in other cases

 

(1)    

This section applies where a person is convicted of an offence for which a

 

court proposes to order the person to be disqualified under section 248 or

 

248A from holding or obtaining a driving licence and—

 

(a)    

the court proposes to impose on the person a sentence of

 

imprisonment for another offence, or

 

(b)    

at the time of sentencing for the offence, a sentence of imprisonment

 

imposed on the person on an earlier occasion has not expired.

 

(2)    

In determining the period for which the person is to be disqualified under

 

section 248 or 248A, the court must have regard to the consideration in

 

subsection (3) if and to the extent that it is appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a sentence of imprisonment.

 

(4)    

If the court proposes to order the person to be disqualified under section

 

248 or 248A and to impose a sentence of imprisonment for the same

 

offence, the court may not in relation to that disqualification take that

 

sentence of imprisonment into account for the purposes of subsection (2).

 

(5)    

In this section “sentence of imprisonment” has the same meaning as in

 

section 248D.””

169

Page 157, line 3, at end insert—

 

  “(4A)  

If a period determined under paragraph (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

170

Page 157, line 35, at end insert—

 

“40B  

Effect of custodial sentence in other cases

 

(1)    

This Article applies where a person is convicted of an offence for which a

 

court proposes to order the person to be disqualified under Article 35 or 40

 

and—

 

(a)    

the court proposes to impose on the person a custodial sentence

 

(other than a suspended sentence) for another offence, or

 

(b)    

at the time of sentencing for the offence, a custodial sentence

 

imposed on the person on an earlier occasion has not expired.

 

(2)    

In determining the period for which the person is to be disqualified under

 

Article 35 or 40, the court must have regard to the consideration in

 

paragraph (3) if and to the extent that it is appropriate to do so.


 
 

42

 
 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a custodial sentence.

 

(4)    

If the court proposes to order the person to be disqualified under Article 35

 

or 40 and to impose a custodial sentence for the same offence, the court may

 

not in relation to that disqualification take that custodial sentence into

 

account for the purposes of paragraph (2).

 

(5)    

In this Article “custodial sentence” and “suspended sentence” have the

 

same meaning as in Article 40A.””

171

Page 158, line 44, at end insert—

 

  “(4A)  

If a period determined under subsection (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

172

Page 159, line 32, at end insert—

 

“147B

Effect of custodial sentence in other cases

 

(1)    

This section applies where a person is convicted of an offence for which a

 

court proposes to order the person to be disqualified under section 146 or

 

147 for holding or obtaining a driving licence and—

 

(a)    

the court proposes to impose on the person a custodial sentence

 

(other than a suspended sentence) for another offence, or

 

(b)    

at the time of sentencing for the offence, a custodial sentence

 

imposed on the person on an earlier occasion has not expired.

 

(2)    

In determining the period for which the person is to be disqualified under

 

section 146 or 147, the court must have regard to the consideration in

 

subsection (3) if and to the extent that it is appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a custodial sentence.

 

(4)    

If the court proposes to order the person to be disqualified under section

 

146 or 147 and to impose a custodial sentence for the same offence, the

 

court may not in relation to that disqualification take that custodial

 

sentence into account for the purposes of subsection (2).

 

(5)    

In this section “suspended sentence” has the same meaning as in section

 

147A.””

173

Page 160, line 36, at end insert—

 

  “(4A)  

If a period determined under paragraph (4) includes a fraction of a day,

 

that period is to be rounded up to the nearest number of whole days.”

174

Page 161, line 12, at end insert—

 

“91B  

Effect of custodial sentence in other cases

 

(1)    

This Article applies where a person is convicted of an offence for which a

 

court proposes to order the person to be disqualified under Article 91 for

 

holding or obtaining a driving licence and—

 

(a)    

the court proposes to impose on the person a custodial sentence

 

(other than a suspended sentence) for another offence, or


 
 

43

 
 

(b)    

at the time of sentencing for the offence, a custodial sentence

 

imposed on the person on an earlier occasion has not expired.

 

(2)    

In determining the period for which the person is to be disqualified under

 

Article 91, the court must have regard to the consideration in paragraph (3)

 

if and to the extent that it is appropriate to do so.

 

(3)    

The consideration is the diminished effect of disqualification as a distinct

 

punishment if the person who is disqualified is also detained in pursuance

 

of a custodial sentence.

 

(4)    

If the court proposes to order the person to be disqualified under Article 91

 

and to impose a custodial sentence for the same offence, the court may not

 

in relation to that disqualification take that custodial sentence into account

 

for the purposes of paragraph (2).

 

(5)    

In this Article “custodial sentence” and “suspended sentence” have the

 

same meaning as in Article 91A.””

Schedule 15

175

Page 167, line 27, leave out paragraph (b) and insert—

 

“(b)    

in paragraph (b)—

 

(i)    

after “service disciplinary proceedings” insert “(other

 

than proceedings for a member State service offence)”,

 

and

 

(ii)    

for “that Act” substitute “the Armed Forces Act 2006”,

 

and”

176

Page 170, line 41, after “offence” insert “committed after the relevant date”

177

Page 171, line 6, at the end insert—

 

“( )    

“relevant date” means—

 

(i)    

where the corresponding UK offence was a class A drug

 

trafficking offence, the relevant date referred to in section

 

110(2A)(b), and

 

(ii)    

where the corresponding UK offence was a domestic

 

burglary, the relevant date referred to in section

 

111(2A)(b)(ii);”

Schedule 18

178

Page 179, line 19, at end insert—

 

“          

In section 20 of that Act (duty to notify changes), in subsection (2)—

 

(a)    

omit “that at any time”,

 

(b)    

at the beginning of paragraph (a) insert “that at any time”,

 

(c)    

before “and” at the end of that paragraph insert—

 

“(aa)    

that the correct fee is paid under section 19(4),”,

 

and

 

(d)    

at the beginning of paragraph (b) insert “that at any time”.”

179

Page 179, line 26, leave out ““, 41A(8)”” and insert ““, 41AB(2)””

180

Page 179, line 27, at end insert “—

 

(a)    

in subsection (4) insert at the appropriate place—

 

“section 41A(2)(c),”, and”


 
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