Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

51

“(3A)
In paragraph (3) “the relevant date” means—

(a)
the date of the order imposing the disqualification

in question, or

(b)
if the period of the disqualification is extended by

an extension period, the date in sub-paragraph (a)

postponed by a period equal to that extension

period.”, and

(c)
after paragraph (3A) (as inserted by paragraph (b)), insert—

“(3B)
“Extension period” means an extension period added

pursuant to—

(a)
Article 40A,

(b)
Article 8A of the Criminal Justice (Northern

Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)
Article 91A of the Criminal Justice (Northern

Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).””
212
Page 209, line 34, at end insert—

    “(9)
In Article 52 (supplementary provisions as to disqualification and

endorsements)—

(a)
in paragraph (2), after “or more” insert “(disregarding any

extension period)”, and

(b)
after paragraph (2), insert—

“(2ZA)
In paragraph (2) “extension period” means an extension

period added pursuant to—

(a)
Article 40A,

(b)
Article 8A of the Criminal Justice (Northern

Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)
Article 91A of the Criminal Justice (Northern

Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).””
213
Page 209, line 41, at end insert—

“( )
Article 8A of the Criminal Justice (Northern Ireland) Order

1980;”
214
Page 211, line 7, at end insert—

    “( )
In Schedule 1, in paragraph 30 (date of taking effect of youth

rehabilitation orders etc)—

(a)
in sub-paragraph (1)—

(i)
for “sub-paragraph (2)” substitute “sub-paragraphs (1A)

and (2)”, and

(ii)
omit “the day after”,

(b)
after that sub-paragraph insert—

“(1A)
A court making a youth rehabilitation order may order

that it is to take effect instead on a later date.”, and

(c)
in sub-paragraph (2), for “If” substitute “In particular, if”.”
Schedule 20
215
Page 212, line 28, at end insert—

52

    “(8)
Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of

Schedule 2 has the effect of creating a coroner area (“the new area”) that

consists of or includes some or all of the area of one or more existing

coroner areas (“the old areas”).

      (9)
A person who does not meet the criteria in paragraph 3 of Schedule 3, or

who falls within paragraph 4 of that Schedule, may nevertheless become

the senior coroner or an area coroner for the new area at its inception if

he or she is someone who—

(a)
was treated by virtue of sub-paragraph (2) above as having been

appointed as the senior coroner for one of the old areas, and

(b)
held office as such immediately before the inception of the new

area.

    (10)
A person who does not meet the criteria in paragraph 3 of Schedule 3, or

who falls within paragraph 4 of that Schedule, may nevertheless become

an assistant coroner for the new area at its inception if he or she is

someone who—

(a)
was treated by virtue of sub-paragraph (2) or (3) above as having

been appointed as the senior coroner or an assistant coroner for

one of the old areas, and

(b)
held office as such immediately before the inception of the new

area.

    (11)
Paragraph 10 of that Schedule does not apply to—

(a)
a person within paragraphs (a) and (b) of sub-paragraph (9)

above who becomes the senior coroner for the new area at its

inception;

(b)
a person within paragraphs (a) and (b) of sub-paragraph (10)

above who becomes an assistant coroner for the new area at its

inception.”
216
Page 212, line 28, at end insert—

“3A
Section (Amendment to the Regulation of Investigatory Powers Act 2000) has

effect in relation to investigations that have begun, but have not been

concluded, before the day on which that section comes into force (as well

as to inquests beginning on or after that day).”
217
Page 212, line 28, at end insert—

“Coroner for Treasure


In the case of the first appointment to the office of Coroner for Treasure,

paragraph 2(b) of Schedule (Coroner for Treasure and Assistant Coroners for

Treasure) does not apply to a person holding office as a coroner, deputy

coroner or assistant deputy coroner under the 1988 Act on the coming

into force of that Schedule.”
218
Page 212, line 30, leave out paragraphs 4 to 6
219
Page 215, line 15, at end insert—

“Slavery, servitude and forced or compulsory labour

14A
In the definition of “the relevant period” in section (Slavery, servitude and

forced or compulsory labour)(4), as it extends to England and Wales, the

reference to 12 months is to be read as a reference to 6 months in relation

53

to an offence committed before the commencement of section 154(1) of

the Criminal Justice Act 2003 (c. 44).”
220
Page 215, line 23, leave out from second “to” to end of line 27 and insert—

“(a)
an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the

Naval Discipline Act 1957 (c. 53),

(b)
an offence under paragraph 4(6) of Schedule 5A to the Army Act

1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2

c. 19) or of Schedule 4A to the Naval Discipline Act 1957 (c. 53),

(c)
an offence under section 47K of the Naval Discipline Act 1957

(c. 53),

(d)
an offence under section 18 or 20 of the Armed Forces Act 1991

(c. 62) committed before the commencement of section 50 of the

Armed Forces Act 2006 (c. 52) (“the 2006 Act”),

(e)
an offence under any of sections 95 to 97 of the Reserve Forces

Act 1996 (c. 14) committed before the commencement of section

50 of the 2006 Act, and

(f)
an offence under paragraph 5(1) of Schedule 1 to the Reserve

Forces Act 1996 (c. 14) committed before the commencement of

section 50 of the 2006 Act which the Court Martial established by

the 2006 Act has jurisdiction to try.

      (2)
Notwithstanding subsection (4)(b) of section 71, the references in that

section to a charge are to be treated as including a reference to a charge

that is not brought under Part 5 of the Armed Forces Act 2006 (c. 52) but

is to be regarded for the purposes of Part 5 as allocated for Court Martial

trial, summary hearing or (as the case may be) Service Civilian Court

trial.”
221
Page 216, line 38, after “force” insert “of section 154(1)”
222
Page 216, line 42, after “force” insert “of section 154(1)”
223
Page 216, line 43, at end insert—

“19A (1)
Section 79 has effect with the modifications made by this paragraph for

the purposes of discharging or varying a witness anonymity order made

under the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) by—

(a)
a Summary Appeal Court established by the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

the Naval Discipline Act 1957 (c. 53), or

(b)
a Standing Civilian Court established under the Armed Forces

Act 1976 (c. 52).

      (2)
The references in section 79(2) to (5) to the court that made the order are

to be treated—

(a)
where the order was made by a Summary Appeal Court, as

references to the Summary Appeal Court established by the

Armed Forces Act 2006 (c. 52), and

(b)
where the order was made by a Standing Civilian Court, as

references to the Service Civilian Court established by the Armed

Forces Act 2006 (c. 52).”
224
Page 217, line 26, leave out from second “to” to end of line 30 and insert—

54

“(a)
an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the

Naval Discipline Act 1957 (c. 53),

(b)
an offence under paragraph 4(6) of Schedule 5A to the Army Act

1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2

c. 19) or of Schedule 4A to the Naval Discipline Act 1957 (c. 53),

(c)
an offence under section 47K of the Naval Discipline Act 1957

(c. 53),

(d)
an offence under section 18 or 20 of the Armed Forces Act 1991

(c. 62) committed before the commencement of section 50 of the

Armed Forces Act 2006 (c. 52) (“the 2006 Act”),

(e)
an offence under any of sections 95 to 97 of the Reserve Forces

Act 1996 (c. 14) committed before the commencement of section

50 of the 2006 Act, and

(f)
an offence under paragraph 5(1) of Schedule 1 to the Reserve

Forces Act 1996 (c. 14) committed before the commencement of

section 50 of the 2006 Act which the Court Martial established by

the 2006 Act has jurisdiction to try.”
225
Page 217, line 32, after “of” insert “paragraph 53 of Schedule 8 to”
226
Page 217, line 35, leave out sub-paragraph (2)
227
Page 219, line 16, after “to” insert “, or has effect by reference to,”
228
Page 220, line 27, leave out “added pursuant to section 35A or 35B”
229
Page 221, line 16, at end insert—

“Confiscation orders

38A
The amendments made by sections (Appeals against certain confiscation

orders (England and Wales)) and (Appeals against certain confiscation orders

(Northern Ireland)) (appeals against certain confiscation orders) apply to

appeals which are pending when this Act is passed (as well as appeals

made after that time).”
230
Page 221, line 22, leave out “6 or 8 to 12” and insert “6, 8, 10 or 12”
231
Page 221, line 29, leave out “7 or 10” and insert “7, 9 or 11”
232
Page 223, line 10, at end insert—

“Assessment notices


Until paragraph 8 of Schedule 4 to the Courts Act 2003 (c. 39) comes into

force paragraph 1(1A) of Schedule 9 to the Data Protection Act 1998

(c. 29) (as inserted by paragraph 13(1A) of Schedule 18 to this Act) has

effect as if the words “or a District Judge (Magistrates’ Courts)” were

omitted.”
Schedule 21
233
Page 224, line 3, at end insert—

“In Schedule 2, in paragraph 2, the “and”

following paragraph (3).”