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Coroners and Justice Bill


Coroners and Justice Bill
Part 6 — Legal Aid

96

 

body to which the sums are due, as if they were

payable under an order of the court in question;

(d)   

authorise a court to make motor vehicle orders in

respect of an individual for the purpose of enabling any

overdue sum required to be paid by that individual to be

5

recovered by the person or body to which the sum is

due.

(2B)   

In subsection (2A)(d)—

“court” means the High Court, a county court or a

magistrates’ court;

10

“motor vehicle order” means—

(a)   

a clamping order;

(b)   

a vehicle sale order.

(2C)   

A clamping order is an order—

(a)   

that a motor vehicle be fitted with an immobilisation

15

device (“clamped”), and

(b)   

which complies with any requirements that are imposed

by enforcement regulations with respect to the making

of clamping orders.

(2D)   

A vehicle sale order is an order that—

20

(a)   

a motor vehicle which is the subject of a clamping order

is to be sold or otherwise disposed of in accordance with

any provision made by enforcement regulations, and

(b)   

any proceeds are to be applied, in accordance with

enforcement regulations, in discharging the

25

individual’s liability in respect of the overdue sum.

(2E)   

Schedule 3A makes provision about the content of enforcement

regulations if provision of the kind mentioned in subsection

(2A)(d) is made.”, and

(c)   

for subsection (6) of that section substitute—

30

“(6)   

In this section—

“contribution order” means an order made under

regulations under subsection (1);

“enforcement regulations” means regulations made by

virtue of subsection (2)(e);

35

“immobilisation device” has the meaning given by

paragraph 8 of Schedule 3A;

“motor vehicle” has the meaning given by that paragraph;

“overdue sum” means—

(a)   

a sum which is unpaid after the time when it is

40

required by a contribution order to be paid;

(b)   

any interest which is required to be paid by

regulations made by virtue of subsection (2)(d);

(c)   

a sum which is required to be paid under

regulations made by virtue of subsection

45

(2A)(a).”

(4)   

After Schedule 3 insert the Schedule 3A set out in Schedule 18 to this Act.

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

97

 

General

149     

Statutory instruments relating to the Legal Services Commission

(1)   

The Access to Justice Act 1999 (c. 22) is amended as follows.

(2)   

In section 2 (power to replace Commission with two bodies), omit subsection

(2).

5

(3)   

In section 25 (orders and regulations), after subsection (8) insert—

“(8A)   

Any power to make an order or regulations under this Part includes

power to make such consequential, incidental, supplementary,

transitional, transitory or saving provision as appears to the Lord

Chancellor to be appropriate.”

10

Part 7

Criminal memoirs etc

Exploitation proceeds orders

150     

Exploitation proceeds orders

(1)   

A court may make an exploitation proceeds order in respect of a person if it is

15

satisfied, on the balance of probabilities, that the person—

(a)   

is a qualifying offender, and

(b)   

has obtained exploitation proceeds from a relevant offence.

(2)   

An exploitation proceeds order is an order which requires the respondent to

pay an amount (“the recoverable amount”) in respect of exploitation proceeds

20

obtained by the respondent from a relevant offence to the enforcement

authority which applied for the order.

(3)   

A person obtains exploitation proceeds from a relevant offence if the person

derives a benefit from—

(a)   

the exploitation of any material pertaining to the relevant offence, or

25

(b)   

any steps taken or to be taken with a view to such exploitation.

(4)   

An exploitation proceeds order must—

(a)   

specify the recoverable amount, and

(b)   

identify the benefits derived by the respondent in respect of which it is

made.

30

(5)   

The power conferred by subsection (1) is subject to sections 156 and 158.

(6)   

If the recoverable amount required to be paid by the respondent under an

exploitation proceeds order (or any part of that amount) is not paid when it is

required to be paid, the respondent must pay interest at the appropriate rate

on the recoverable amount (or part) for the period for which it remains unpaid.

35

(7)   

Any sum received by an enforcement authority pursuant to an exploitation

proceeds order (including any interest under subsection (6)) must be paid—

(a)   

if the authority is the Scottish Ministers, into the Scottish Consolidated

Fund;

(b)   

in any other case, into the Consolidated Fund.

40

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

98

 

(8)   

In this section—

“appropriate rate” means—

(a)   

in the case of an exploitation proceeds order made by the High

Court, the rate for the time being specified in section 17 of the

Judgments Act 1838 (c. 110) (interest on civil judgment debts),

5

or

(b)   

in the case of an exploitation proceeds order made by the Court

of Session, the rate payable under a decree of the Court of

Session;

“court” means—

10

(a)   

in relation to England and Wales, the High Court in England

and Wales;

(b)   

in relation to Scotland, the Court of Session;

(c)   

in relation to Northern Ireland, the High Court in Northern

Ireland;

15

“the respondent”, in relation to an exploitation proceeds order or an

application for such an order, means the person against whom the

order is made or sought.

151     

Qualifying offenders

(1)   

In this Part “qualifying offender” means a person who is within subsection (2)

20

or (3) (or both).

(2)   

A person is within this subsection if (whether before or after the

commencement of this Part) the person—

(a)   

has been convicted by a court in the United Kingdom of an offence,

(b)   

has been found not guilty by such a court of an offence by reason of

25

insanity, or

(c)   

has been found by such a court to be under a disability and to have

done the act charged in respect of an offence.

(3)   

A person is within this subsection if—

(a)   

under the law in force in a country outside the United Kingdom (and

30

whether before or after the commencement of this Part)—

(i)   

the person has been convicted of a foreign offence,

(ii)   

a court exercising jurisdiction under that law has made, in

respect of a foreign offence, a finding equivalent to a finding

that the person was not guilty by reason of insanity, or

35

(iii)   

such a court has made, in respect of a foreign offence, a finding

equivalent to a finding that the person was under a disability

and did the act charged in respect of the offence, and

(b)   

the person—

(i)   

is a United Kingdom national,

40

(ii)   

is resident in the United Kingdom, or

(iii)   

was resident in the United Kingdom at the time the act which

constituted the offence was done.

(4)   

In subsection (3)—

“foreign offence” means an act which—

45

(a)   

constituted an offence under the law in force in the country

concerned,

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

99

 

(b)   

at the time it was done, would have constituted an offence if it

had been done in any part of the United Kingdom, and

(c)   

would constitute an offence if it were done in any part of the

United Kingdom at the time the application for an exploitation

proceeds order is made in respect of it;

5

“United Kingdom national” means an individual who is—

(a)   

a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen,

(b)   

a person who under the British Nationality Act 1981 (c. 61) is a

British subject, or

10

(c)   

a British protected person within the meaning of that Act.

(5)   

For the purposes of subsection (4), conduct punishable under the law in force

in a country outside the United Kingdom constitutes an offence under that law

however it is described in that law.

(6)   

In this section a reference to the doing of an act includes a reference to a failure

15

to act.

152     

Qualifying offenders: service offences

(1)   

In subsection (2) of section 151

(a)   

a reference to a person who has been convicted by a court in the United

Kingdom of an offence includes a reference to a person who has been

20

convicted of a UK service offence;

(b)   

a reference to a finding by a court in the United Kingdom in relation to

an offence includes a reference to a finding by a UK service court

(wherever situated) in relation to a UK service offence.

(2)   

In subsection (3) of that section—

25

(a)   

a reference to a foreign offence includes a foreign service offence;

(b)   

a reference to a person who has been convicted of a foreign offence

includes a reference to a person who has been found guilty of a foreign

service offence in respect of any act done which was the subject of

proceedings under the service law of a country outside the United

30

Kingdom;

(c)   

a reference to a finding of a court exercising jurisdiction under the law

in force in a country outside the United Kingdom includes a reference

to a finding of—

(i)   

a court established under the service law of that country, or

35

(ii)   

an authority of the country who under the law of the country is

empowered to review the proceedings of such a court or to try

or investigate charges brought against persons subject to the

service law of that country.

(3)   

For the purposes of subsection (1) the reference to a person who has been

40

convicted of a UK service offence includes a person in respect of whom there

has been—

(a)   

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

(3 & 4 Eliz. 2 c. 19), the recording of a finding that a charge in respect of

the offence has been proved;

45

(b)   

under the Naval Discipline Act 1957 (c. 53), a determination that a

charge in respect of the offence has been proved, and the recording of a

finding of guilt;

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

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(c)   

under the Armed Forces Act 2006 (c. 52), the recording of a finding that

a charge in respect of the offence has been proved;

(d)   

a substitution, by the Summary Appeal Court established under any of

the Acts mentioned in paragraphs (a) to (c), of a finding that a charge in

respect of the offence has been proved;

5

(e)   

a substitution by the Courts-Martial Appeal Court or the Court Martial

Appeal Court of a finding of guilty of the offence.

(4)   

In this section—

“foreign service offence” means an act which—

(a)   

was the subject of proceedings under the service law of a

10

country outside the United Kingdom,

(b)   

at the time it was done, would have constituted an offence, or a

UK service offence, if it had been done in any part of the United

Kingdom by a member of Her Majesty’s forces, and

(c)   

would constitute an offence or a UK service offence if it were

15

done in any part of the United Kingdom by a member of Her

Majesty’s forces at the time the application for an exploitation

proceeds order is made in respect of it;

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act

2006;

20

“service law”, in relation to a country outside the United Kingdom, means

the law governing all or any of the naval, military or air forces of that

country;

“UK service offence” means an offence triable by a UK service court;

   

and a reference to the doing of an act includes a reference to a failure to act.

25

153     

Qualifying offenders: supplementary

(1)   

In section 7 of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on

rehabilitation under the 1974 Act, etc), in subsection (2), at the end add “or

(h)   

in any proceedings brought under Part 7 of the Coroners and

Justice Act 2009 (criminal memoirs etc).”

30

(2)   

In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978

(S.I. 1978/1908 (N.I. 27)) (limitations on rehabilitation under the 1978 Order

etc), in paragraph (2), at the end add “or

(g)   

in any proceedings brought under Part 7 of the Coroners and

Justice Act 2009 (criminal memoirs etc).”

35

(3)   

For the purposes of this Part, the following provisions do not apply to a

conviction for an offence in respect of which an order for an absolute or

conditional discharge is made—

(a)   

section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (conviction with absolute or conditional discharge deemed not to

40

be a conviction);

(b)   

Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge

deemed not to be a conviction);

(c)   

section 247(1) and (2) of the Criminal Procedure (Scotland) Act 1995

45

(c. 46) (effect of probation and absolute discharge);

(d)   

section 187(1) of the Armed Forces Act 2006 (conviction with absolute

or conditional discharge deemed not to be a conviction);

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

101

 

(e)   

paragraph 5(1) 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 Schedule 4A to the

Naval Discipline Act 1957 (c. 53) (conviction with absolute or

conditional discharge or community suspension order deemed not to

be a conviction).

5

154     

Relevant offences

(1)   

In this Part “relevant offence”, in relation to a person (“P”), means—

(a)   

a serious offence by reason of which P is a qualifying offender,

(b)   

a serious offence which was taken into consideration by a court in

determining the sentence imposed on P for an offence by reason of

10

which P is a qualifying offender, or

(c)   

a serious offence committed by another person which is associated

with—

(i)   

an offence by reason of which P is a qualifying offender, or

(ii)   

an offence which was taken into consideration by a court in

15

determining the sentence imposed on P for such an offence.

(2)   

For this purpose an offence is “serious” if—

(a)   

in the case of an offence under the law of England and Wales, it is an

indictable offence,

(b)   

in the case of an offence under the law of Scotland, it is an offence

20

triable on indictment (whether or not it is exclusively so triable),

(c)   

in the case of an offence under the law of Northern Ireland, it is an

offence which, if committed by an adult, is punishable on conviction on

indictment (whether only on conviction on indictment or either on

conviction on indictment or on summary conviction),

25

(d)   

in the case of a foreign offence, the act constituting the offence—

(i)   

at the time it was done, would have constituted an offence

within paragraph (a), (b) or (c) if it had been done in any part of

the United Kingdom, and

(ii)   

would also constitute such an offence if it were done in any part

30

of the United Kingdom at the time the application for an

exploitation proceeds order is made in respect of it.

(3)   

Two offences are associated with one another if—

(a)   

they were committed in the context of the same joint criminal venture,

or

35

(b)   

subsection (4) applies.

(4)   

This subsection applies if one of the offences is—

(a)   

an offence of inciting the commission of the other offence;

(b)   

an offence of conspiring to commit the other offence;

(c)   

an offence under section 44, 45 or 46 of the Serious Crime Act 2007

40

(c. 27) (offences relating to encouraging or assisting an offence) in

relation to the other offence;

(d)   

an offence of soliciting (however expressed) the commission of the

other offence;

(e)   

an offence under section 4 of the Criminal Law Act 1967 (c. 58)

45

(assisting the evasion of arrest and concealment) in relation to the other

offence;

 
 

Coroners and Justice Bill
Part 7 — Criminal memoirs etc

102

 

(f)   

an offence of perverting the course of justice in connection with the

other offence;

(g)   

an offence under section 51 of the Criminal Justice and Public Order Act

1994 (c. 33) (intimidation of witnesses and jurors etc) in connection with

the other offence.

5

(5)   

In subsection (1)—

(a)   

a reference to an offence includes a reference to a UK service offence

and a foreign service offence, and

(b)   

the reference to a court includes a reference to a UK service court or a

court or authority of the kind mentioned in section 152(2)(c)(i) or (ii).

10

(6)   

Subsection (2) does not apply in relation to a UK service offence or a foreign

service offence, and for the purposes of subsection (1) such an offence is

“serious” if—

(a)   

in the case of a UK service offence—

(i)   

the act constituting the offence is a serious offence within

15

subsection (2)(a),

(ii)   

the act constituting the offence, if done in England and Wales,

would be a serious offence within subsection (2)(a), or

(iii)   

the offence is within subsection (7);

(b)   

in the case of a foreign service offence, the act constituting the offence—

20

(i)   

at the time it was done, would have constituted a serious

offence within subsection (2) or an offence within subsection (7)

if it had been done in any part of the United Kingdom by a

member of Her Majesty’s forces, and

(ii)   

would also constitute such an offence if it were done in any part

25

of the United Kingdom by a member of Her Majesty’s forces at

the time the application for an exploitation proceeds order is

made in respect of it.

(7)   

An offence is within this subsection if it is an offence under—

(a)   

section 24(1) of the AA 1955 or of the AFA 1955, section 2(1) of the NDA

30

1957 or section 2(1) of the AFA 2006 (misconduct on operations),

(b)   

section 25 of the AA 1955 or of the AFA 1955, section 3 of the NDA 1957

or section 1 of the AFA 2006 (assisting an enemy),

(c)   

section 26(1) of the AA 1955 or of the AFA 1955, section 4(1) of the NDA

1957 or section 3 of the AFA 2006 (obstructing operations),

35

(d)   

section 30(a) or (b) of the AA 1955 or of the AFA 1955, section 5(a) or (b)

of the NDA 1957 or section 4(1) or (2) of the AFA 2006 (looting),

(e)   

section 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA 1957

or section 6 of the AFA 2006 (mutiny), or

(f)   

section 32 of the AA 1955 or of the AFA 1955, section 10 of the NDA

40

1957 or section 7 of the AFA 2006 (failure to suppress mutiny).

(8)   

In subsection (4), the offences listed in paragraphs (a) to (g) include—

(a)   

any corresponding offence triable by a court exercising jurisdiction in a

country outside the United Kingdom,

(b)   

the corresponding offences triable by a UK service court, and

45

(c)   

any corresponding offence triable by any court or authority of the kind

mentioned in section 152(2)(c)(i) or (ii).

(9)   

In this section—

 
 

 
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