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Coroners and Justice Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Chief Coroner in performing functions as such.

7

A reference in paragraph 5 or 6 to paying expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—

(a) costs that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part;

(b) costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;

(d) sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.

Exercise of Chief Coroner’s functions by Deputy Chief coroner

8

(1) A Deputy Chief Coroner may perform any functions of the Chief Coroner—

(a) during a period when the Chief Coroner is absent or unavailable;

(b) during a vacancy in the office of Chief Coroner;

(2) Accordingly a reference in this Part to the Chief Coroner is to be read, where appropriate, as including a Deputy Chief Coroner.

Staff

9

(1) The Lord Chancellor must appoint staff to assist the Chief Coroner and any Deputy Chief Coroners in the performance of their functions.

(2) Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.

Schedule 9

Appointment and functions of Medical Adviser to the Chief Coroner

1

The Lord Chancellor may appoint a person as Medical Adviser to the Chief Coroner (“the Medical Adviser”) to provide advice and assistance to the Chief Coroner as to medical matters in relation to the coroner system.

Appointment and functions of Deputy Medical Advisers to the Chief Coroner

2

(1) The Lord Chancellor may appoint however many Deputy Medical Advisers to the Chief Coroner (“Deputy Medical Advisers”) the Lord Chancellor thinks appropriate.

(2) A Deputy Medical Adviser may perform any functions of the Medical Adviser—

(a) during a period when the Medical Adviser is absent or unavailable;

(b) during a vacancy in the office of Medical Adviser;

Qualification for appointment

3

A person may be appointed as the Medical Adviser or as a Deputy Medical Adviser only if, at the time of the appointment, he or she—

(a) is a registered medical practitioner and has been throughout the previous 5 years, and

(b) practises as such or has done within the previous 5 years.

Consultation before making appointment

4

Before appointing a person as the Medical Adviser or as a Deputy Medical Adviser, the Lord Chancellor must consult—

(a) the Chief Coroner, and

(b) the Welsh Ministers.

Terms and conditions of appointment

5

The appointment of a person as the Medical Adviser or as a Deputy Medical Adviser is to be on whatever terms and conditions the Lord Chancellor thinks appropriate.

Remuneration, allowances and expenses

6

(1) The Lord Chancellor may pay to the Medical Adviser—

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b) amounts determined by the Lord Chancellor towards expenses incurred in performing functions as such.

(2) The Lord Chancellor may pay to a Deputy Medical Adviser—

(a) amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b) amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Medical Adviser in performing functions as such.

Schedule 10

Investigation by Chief Coroner

1

(1) The Chief Coroner may conduct an investigation into a person's death.

(2) Where the Chief Coroner is responsible for conducting an investigation by virtue of this paragraph—

(a) the Chief Coroner has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;

(b) no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.

(3) Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Chief Coroner exercising functions by virtue of this paragraph.

Investigation by Coroner for Treasure

2

(1) The Chief Coroner may direct the Coroner for Treasure to conduct an investigation into a person's death.

(2) Where a direction is given under this paragraph—

(a) the Coroner for Treasure must conduct the investigation;

(b) the Coroner for Treasure has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;

(3) Accordingly, a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Coroner for Treasure exercising functions by virtue of this paragraph.

Investigation by judge, former judge or former coroner

3

(1) If requested to do so by the Chief Coroner, the Lord Chief Justice may nominate a person within sub-paragraph (2) to conduct an investigation into a person's death.

(2) A person is within this sub-paragraph if at the time of the nomination he or she is—

(a) a judge of the High Court,

(b) a Circuit judge, or

and is under the age of 75.

(3) The Chief Coroner may request a person who at the time of the request—

(a) has held office as a senior coroner (but no longer does so), and

(b) is under the age of 75,

to conduct an investigation into a person's death.

(4) If a person nominated or requested under this paragraph agrees to conduct the investigation—

(a) that person is under a duty to do so;

(b) that person has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;

(5) Accordingly a reference in a statutory provision (whenever made) to a coroner is to be read, where appropriate, as including a person who has been nominated or requested under this paragraph to conduct an investigation and has agreed to do so.

(6) The Lord Chief Justice must consult the Lord Chancellor before making a nomination under this paragraph.

Appeals

4

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Investigations already begun

5

A reference in this Schedule to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.

Schedule 11

Witnesses and evidence

1

In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses to be summoned) substitute—

(17A) (1) A coroner who proceeds to hold an inquest may by notice require a person to attend at a time and place stated in the notice and— (a) to give evidence at the inquest, (b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the inquest, or (c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the inquest. (2) A coroner who is making any investigation to determine whether or not an inquest is necessary, or who proceeds to hold an inquest, may by notice require a person, within such period as the coroner thinks reasonable— (a) to provide evidence to the coroner, about any matters specified in the notice, in the form of a written statement, (b) to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation or inquest, or (c) to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation or inquest. (3) A notice under subsection (1) or (2) shall— (a) explain the possible consequences, under subsection (6), of not complying with the notice; (b) indicate what the recipient of the notice should do if he wishes to make a claim under subsection (4). (4) A claim by a person that— (a) he is unable to comply with a notice under this section, or (b) it is not reasonable in all the circumstances to require him to comply with such a notice, is to be determined by the coroner, who may revoke or vary the notice on that ground. (5) In deciding whether to revoke or vary a notice on the ground mentioned in subsection (4)(b), the coroner shall consider the public interest in the information in question being obtained for the purposes of the inquest, having regard to the likely importance of the information. (6) A coroner may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under subsection (1) or (2). (7) For the purposes of this section a document or thing is under a person's control if it is in the person's possession or if he has a right to possession of it. (8) Nothing in this section shall prevent a person who has not been given a notice under subsection (1) or (2) from giving or producing any evidence, document or other thing. (17B) (1) The power of a coroner under section 17A(6) is additional to, and does not affect, any other power the coroner may have— (a) to compel a person to appear before him; (b) to compel a person to give evidence or produce any document or other thing; (c) to punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing. But a person may not be fined under that section and also be punished under any such other power. (2) A person may not be required to give or produce any evidence or document under section 17A if— (a) he could not be required to do so in civil proceedings in a court in Northern Ireland, or (b) the requirement would be incompatible with a Community obligation. (3) The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an inquest as they apply in relation to civil proceedings in a court in Northern Ireland. (17C) (1) It is an offence for a person to do anything that is intended to have the effect of— (a) distorting or otherwise altering any evidence, document or other thing that is given or produced for the purposes of any investigation or inquest under this Act, or (b) preventing any evidence, document or other thing from being given or produced for the purposes of such an investigation or inquest, or to do anything that the person knows or believes is likely to have that effect. (2) It is an offence for a person— (a) intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or (b) intentionally to alter or destroy such a document. (3) For the purposes of subsection (2) a document is a “relevant document” if it is likely that a coroner making any investigation or holding an inquest would (if aware of its existence) wish to be provided with it. (4) A person does not commit an offence under subsection (1) or (2) by doing anything that is authorised or required— (a) by a coroner, or (b) by virtue of section 17B(2) or (3) or any privilege that applies. (5) Proceedings for an offence under subsection (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions for Northern Ireland. (6) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

2

Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) of that Act.

Schedule 12

Domestic service providers: extension of liability

1

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2

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Non-UK service providers: restriction on institution of proceedings

3

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Exceptions for mere conduits

4

(1) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2) The service provider is not capable of being guilty of a relevant offence in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

6

(1) A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information was provided that the information was capable of, and provided with the intention of, encouraging or assisting suicide or an attempt at suicide, or

(b) on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to the information.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

7

(1) This paragraph applies for the purposes of this Schedule.

(2) “Relevant offence” means an offence under—

(a) section 2 of the Suicide Act 1961 (c.60) (criminal liability for complicity in another’s suicide), or

(b) section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20 (N.I.)) (criminal liability for complicity in another’s suicide).

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

and “the E-Commerce Directive” means 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 particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 13

Domestic service providers: extension of liability

1

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Non-UK service providers: restriction on institution of proceedings

2

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Exceptions for mere conduits

3

(1) A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

4

(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2) The service provider is not capable of being guilty of an offence under section 62(1) in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

5

(1) A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(2) “Offending material” means material the possession of which constitutes an offence under section 62(1).

(3) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

6

(1) This paragraph applies for the purposes of this Schedule.

(2) “Prohibited image of a child” has the same meaning as in section 62.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

(4) “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 14

The following is the Schedule to be inserted as Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (c. 23)—

Schedule 15

Constitution of the Council

1

The Council is to consist of—

(a) 8 members appointed by the Lord Chief Justice with the agreement of the Lord Chancellor (“judicial members”);

(b) 6 members appointed by the Lord Chancellor with the agreement of the Lord Chief Justice (“non-judicial members”).

Appointment of a person to chair the Council etc

2

The Lord Chief Justice must, with the agreement of the Lord Chancellor, appoint—

(a) a judicial member to chair the Council (“the chairing member”), and

(b) another judicial member to chair the Council in the absence of the chairing member.

Appointment of judicial members

3

(1) A person is eligible for appointment as a judicial member if the person is—

(a) a judge of the Court of Appeal,

(b) a puisne judge of the High Court,

(d) a District Judge (Magistrates' Courts), or

(e) a lay justice.

(2) The judicial members must include at least one Circuit judge, one District Judge (Magistrates' Courts) and one lay justice.

(3) When appointing judicial members, the Lord Chief Justice must have regard to the desirability of the judicial members including at least one person who appears to the Lord Chief Justice to have responsibilities relating to the training of judicial office-holders who exercise criminal jurisdiction in England and Wales.

(4) “Judicial office-holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005 (c. 4).

Appointment of non-judicial members

4

(1) A person is eligible for appointment as a non-judicial member if the person appears to the Lord Chancellor to have experience in one or more of the following areas—

(a) criminal defence;

(b) criminal prosecution;

(d) sentencing policy and the administration of justice;

(e) the promotion of the welfare of victims of crime;

(f) academic study or research relating to criminal law or criminology;

(g) the use of statistics;

(h) the rehabilitation of offenders.

(2) The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.

President of the Council

5

(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.

Lord Chancellor’s representative

6

(1) The Lord Chancellor may appoint a person to attend and speak at any meeting of the Council.

(2) The person appointed under sub-paragraph (1) must be a person appearing to the Lord Chancellor to have experience of sentencing policy.

Terms of appointment

7

(1) The Lord Chancellor may by order make provision—

(a) as to the term of office, resignation and re-appointment of judicial members and non-judicial members;

(b) enabling the Lord Chancellor to remove a judicial member from office, with the agreement of the Lord Chief Justice, on the grounds of incapacity or misbehaviour;

(c) enabling the Lord Chancellor to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.

(2) The following provisions apply to an order under sub-paragraph (1)—

(a) if the order includes provision falling within sub-paragraph (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;

(b) if the order includes provision falling within sub-paragraph (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.

Vacancies etc

8

The validity of anything done by the Council is not affected by any vacancy among its members, by any defect in the appointment of a member or by any failure to comply with paragraph 2, 3 or 4.

Remuneration etc

9

(1) The Lord Chancellor may pay—

(a) to any judicial member who is appointed by virtue of being a lay justice, such remuneration or expenses as the Lord Chancellor may determine, and

(b) to any other judicial member, such expenses as the Lord Chancellor may determine.

(2) The Lord Chancellor may pay to any non-judicial member such remuneration or expenses as the Lord Chancellor may determine (except that, where the Director of Public Prosecutions is such a member, no remuneration may be paid to the Director).

Interpretation

10

In this Schedule “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).

Schedule 16

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

1

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

(8A) (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 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 negative resolution. (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) (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.

Road Traffic Offenders Act 1988 (c. 53)

2

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) After section 35 insert—

(35A) (1) This section applies where a person is convicted in England and Wales of an offence for which the court— (a) imposes a custodial sentence, and (b) orders the person to be disqualified under section 34 or 35. (2) The order under section 34 or 35 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 section, the court would have disqualified the person under section 34 or 35. (4) The appropriate extension period is— (a) where an order under section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order; (b) in the case of a detention and training order under section 100 of that Act (offenders under 18: detention and training orders), a period equal to half the term of that order; (c) where an order under section 181 of the Criminal Justice Act 2003 (prison sentences of less than 12 months) is made in relation to the custodial sentence, a period equal to the custodial period specified pursuant to section 181(3)(a) of that Act less any relevant discount; (d) where an order under section 183 of that Act (intermittent custody orders) is made in relation to the custodial sentence, a period equal to the number of custodial days specified pursuant to section 183(1)(a) of that Act less any relevant discount; (e) where section 227 of that Act (extended sentence for certain violent or sexual offences: persons 18 or over) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 227(2C)(a) of that Act calculated after that term has been reduced by any relevant discount; (f) where section 228 of that Act (extended sentence for certain violent or sexual offences: persons under 18) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 228(2B)(a) of that Act calculated after that term has been reduced by any relevant discount; (g) where an order under section 269(2) of that Act (determination of minimum term in relation to mandatory life sentence: early release) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order; (h) 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 subsection (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 total number of days to count as time served by virtue of a direction under— (a) section 240 of the Criminal Justice Act 2003 (crediting periods of remand in custody), or (b) section 240A of that Act (crediting periods of remand on bail). (7) This section does not apply where— (a) the custodial sentence was a suspended sentence, (b) the court has made an order under section 269(4) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence: no early release) in relation to the custodial sentence, or (c) the court has made an order under section 82A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in relation to discretionary life sentence: no early release) in relation to the custodial sentence. (8) Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 244(3)(a) or 247(2) of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”). (9) The Secretary of State may by order— (a) if the amending order makes provision in respect of section 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion; (b) if the amending order makes provision in respect of section 247(2) of that Act, provide that the proportion specified in subsection (4)(e) and (f) of this section 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 subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament. (11) In this section— - “amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence); - “custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000; - “suspended sentence” has the meaning given by section 189 of the Criminal Justice Act 2003.

(35B) (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. (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.

(3) After section 35B (as inserted by sub-paragraph (2)) insert—

(35C) (1) This section applies where a person is convicted in Scotland of an offence for which the court— (a) imposes a sentence of imprisonment, and (b) orders the person to be disqualified under section 34 or 35. (2) The order under section 34 or 35 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 section, the court would have disqualified the person under section 34 or 35. (4) The appropriate extension period is— (a) in the case of a life prisoner, a period equal to the punishment part of the life sentence; (b) in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment; (c) in the case of a person serving an extended sentence, a period equal to half the confinement term; (d) in any other case, a period equal to half the sentence of imprisonment imposed. (5) 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. (6) For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence. (7) Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”). (8) The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion. (9) An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament. (10) In this section— - “amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act; - “confinement term” has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”); - “custody and community prisoner” has the meaning given by section 4 of the 2007 Act; - “custody part” has the meaning given by section 6(3) of the 2007 Act; - “extended sentence” has the meaning given by section 210A of the 1995 Act; - “life prisoner” has the meaning given by section 4 of the 2007 Act; - “punishment part” has the meaning given by section 4 of the 2007 Act; - “sentence of imprisonment” includes— 1. an order for detention in residential accommodation under section 44 of the 1995 Act, and 2. a sentence of detention under section 205, 207 or 208 of the 1995 Act. (35D) (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 35C.

Criminal Procedure (Scotland) Act 1995 (c. 46)

3

After section 248C of the Criminal Procedure (Scotland) Act 1995 insert—

(248D) (1) This section applies where a person is convicted of an offence for which the court— (a) imposes a sentence of imprisonment, and (b) orders the person to be disqualified under section 248 or 248A of this Act from holding or obtaining a driving licence. (2) The order under section 248 or 248A of this Act 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 section, the court would have disqualified the person under section 248 or 248A of this Act. (4) The appropriate extension period is— (a) in the case of a life prisoner, a period equal to the punishment part of the life sentence; (b) in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment; (c) in the case of a person serving an extended sentence, a period equal to half the confinement term; (d) in any other case, a period equal to half the sentence of imprisonment imposed. (5) 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. (6) For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence. (7) Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”). (8) The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order relates, as a reference to the new proportion. (9) An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament. (10) In this section— - “amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act; - “confinement term” has the meaning given by section 210A(2)(a) of this Act; - “custody and community prisoner” has the meaning given by section 4 of the 2007 Act; - “custody part” has the meaning given by section 6(3) of the 2007 Act; - “extended sentence” has the meaning given by section 210A of this Act; - “life prisoner” has the meaning given by section 4 of the 2007 Act; - “punishment part” has the meaning given by section 4 of the 2007 Act; - “sentence of imprisonment” includes— 1. an order for detention in residential accommodation under section 44 of this Act, and 2. a sentence of detention under section 205, 207 or 208 of this Act. (248E) (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.

Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))

4

After Article 40 of the Road Traffic Offenders (Northern Ireland) Order 1996 insert—

(40A) (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 35 or 40. (2) The order under Article 35 or 40 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 35 or 40. (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 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 Department of Justicemay 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 negative resolution. (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. (40B) (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. (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.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

6

After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 insert—

(91A) (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 91 for holding or obtaining a driving licence. (2) The order under Article 91 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 91. (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) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) less any relevant discount; (d) where a court imposes a sentence under Article 13(3) (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) less any relevant discount; (e) where Article 14(3) (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) calculated after that term has been reduced by any relevant discount; (f) where Article 14(5) (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) 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) (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) In this Article— - “amending order” means an order under Article 18(9) (alteration by order of relevant part of sentence); - “custodial sentence” has the meaning given by Article 4; - “driving licence” has the meaning given by Article 91; - “suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968. (91B) (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 (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 17

Evidence of bad character

1

(1) The Criminal Justice Act 2003 (c. 44) is amended as follows.

(2) In section 103 (matter in issue between the defendant and the prosecution), after subsection (6) add—

(7) Where— (a) a defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and (b) the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”), subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category. (8) For the purposes of subsection (2)— (a) the previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a); (b) the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b). (9) For the purposes of subsection (10) “foreign service offence” means an offence which— (a) was the subject of proceedings under the service law of a country outside the United Kingdom, and (b) would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”). (10) Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)— (a) the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a); (b) the previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b). (11) In this section— - “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006; - “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.

(3) In section 108 (offences committed by defendant when a child), after subsection (2) insert—

(2A) Subsection (2B) applies where— (a) the defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and (b) the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged. (2B) For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.

2

(1) The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)) is amended as follows.

(2) In Article 8 (matter in issue between the defendant and the prosecution), after paragraph (6) add—

(7) Where— (a) a defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), and (b) the previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the trial for the offence with which the defendant is now charged (“the current offence”), paragraph (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category. (8) For the purposes of paragraph (2)— (a) the previous offence is of the same description as the current offence, if the corresponding offence is of that same description, as set out in paragraph (4)(a); (b) the previous offence is of the same category as the current offence, if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in paragraph (4)(b).

(3) In Article 13 (offences committed by a defendant when a child), after paragraph (1) insert—

(1A) Paragraph (1B) applies where— (a) the defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), and (b) the previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the proceedings for the offence with which the defendant is now charged. (1B) For the purposes of paragraph (1), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.

Bail

3

(1) Section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences) is amended as follows.

(2) For subsection (3) substitute—

(3) This section applies in the circumstances described in subsection (3A) or (3B) only. (3A) This section applies where— (a) the person has been previously convicted by or before a court in any part of the United Kingdom of any offence within subsection (2) or of culpable homicide, and (b) if that previous conviction is one of manslaughter or culpable homicide— (i) the person was then a child or young person, and was sentenced to long-term detention under any of the relevant enactments, or (ii) the person was not then a child or young person, and was sentenced to imprisonment or detention. (3B) This section applies where— (a) the person has been previously convicted by or before a court in another member State of any relevant foreign offence corresponding to an offence within subsection (2) or to culpable homicide, and (b) if the previous conviction is of a relevant foreign offence corresponding to the offence of manslaughter or culpable homicide— (i) the person was then a child or young person, and was sentenced to detention for a period in excess of 2 years, or (ii) the person was not then a child or young person, and was sentenced to detention.

(3) In subsection (5), omit “and” at the end of the definition of “conviction”, and at the end insert—

“relevant foreign offence”, in relation to a member State other than the United Kingdom, means an offence under the law in force in that member State.

(4) After that subsection insert—

(5A) For the purposes of subsection (3B), a relevant foreign offence corresponds to another offence if the relevant foreign offence would have constituted that other offence if it had been done in any part of the United Kingdom at the time when the relevant foreign offence was committed.

Decision as to allocation

4

(1) Section 19 of the Magistrates' Courts Act 1980 (c. 43) (decision as to allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44)) is amended as follows.

(2) In subsection (5), omit “or” at the end of paragraph (a) and insert—

(aa) a previous conviction by a court in another member State of a relevant offence under the law of that State; or

(3) After that subsection insert—

(5A) For the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

5

(1) Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) (as amended by Schedule 3 to the Criminal Justice Act 2003) is amended as follows.

(2) In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—

(aa) a previous conviction by a court in another member State of a relevant offence under the law of that State, or

(3) After that sub-paragraph, insert—

(5A) For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

Seriousness

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

(1) Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of an offence) is amended as follows.

(2) In subsection (3)—

(a) omit “or” at the end of paragraph (a), and

(b) at the end of paragraph (b), insert—

(c) a previous conviction by a court in a member State other than the United Kingdom of a relevant offence under the law of that State, or (d) a finding of guilt in respect of a member State service offence.

(3) For subsection (4) substitute—

(4) Nothing in this section prevents the court or officer from treating— (a) a previous conviction by a court outside both the British Islands and any member State, or (b) a previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence or a member State service offence, as an aggravating factor in any case where the court or officer considers it appropriate to do so. (5) For the purposes of this section— (a) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction in respect of the current offence, (b) “member State service offence” means an offence which— (i) was the subject of proceedings under the service law of a member State other than the United Kingdom, and (ii) would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence, and (c) “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

Availability of community orders

8

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9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required custodial sentences for certain offences

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on imposing custodial sentence or service detention

11

In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing custodial sentence or service detention on unrepresented offender)—

(a) at the end of subsection (2)(b) insert “ , or sentenced to detention by a court in any other member State or for a member State service offence ”, and

(b) at the end of subsection (6)(b) insert—

(c) member State service offence” means an offence which— (i) was the subject of proceedings under the service law of a member State other than the United Kingdom, and (ii) at the time it was done, would have constituted an offence in any part of the United Kingdom, or a service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces; (d) “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

Young offenders: referral conditions

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proving of foreign convictions before courts in England and Wales

13

(1) Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of convictions and acquittals) is amended as follows.

(2) In subsection (1), after “Kingdom” insert “ or any other member State ”.

(3) In subsection (2), after paragraph (b) insert

; and (c) shall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;

(4) In subsection (3)—

(a) in paragraph (b), after “other court” insert “ in the United Kingdom ”, and

(b) after that paragraph add “, and

(c) in relation to any court in another member State (“the EU court”), a person who would be the proper officer of the EU court if that court were in the United Kingdom.

14

(1) Section 74 of that Act (conviction as evidence of commission of offence) is amended as follows.

(2) In subsection (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(3) In subsection (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(4) In subsection (3)(a) after “Kingdom” insert “ or any other member State ”.

15

In section 75 of that Act (provisions supplementary to section 74), for subsection (1)(b) substitute—

(b) the contents of— (i) the information, complaint, indictment or charge-sheet on which the person in question was convicted, or (ii) in the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in sub-paragraph (i),

Proving of foreign convictions before courts in Northern Ireland

16

(1) Article 71 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is amended as follows.

(2) After paragraph (1) insert—

(1A) Where in any criminal proceedings the fact that a person has in a member State been convicted or acquitted of an offence is admissible in evidence, it may be proved by— (a) producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and (b) proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.

(3) In paragraph (2), after sub-paragraph (b) insert “; and

(c) shall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the clerk of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;

17

(1) Article 72 of that Order (conviction as evidence of commission of offence) is amended as follows.

(2) In paragraph (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(3) In paragraph (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(4) In paragraph (3)(a), after “Kingdom” insert “ or any other member State ”.

18

In Article 73 of that Order (provisions supplementary to Article 72), for paragraph (1)(b) substitute—

(b) the contents of— (i) the complaint, information, indictment or charge-sheet on which the person in question was convicted, or (ii) in the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in paragraph (i),

Schedule 18

The following is the Schedule to be inserted as Schedule 3A to the Access to Justice Act 1999 (c. 22)—

Schedule 19

1

Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.

2

In section 341 (investigations), after subsection (4) add—

(5) For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into— (a) whether a person is a qualifying offender, (b) whether a person has obtained exploitation proceeds from a relevant offence, (c) the value of any benefits derived by a person from a relevant offence, or (d) the available amount in respect of a person. Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.

3

In section 342 (offences of prejudicing investigation)—

(a) in subsection (1), after “detained cash investigation” insert “ , an exploitation proceeds investigation ”, and

(b) after subsection (3)(ba) insert—

(bb) the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,

4

In section 343(3) (judges) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

5

In section 344(b) (courts) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

6

In section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.

7

In section 346 (requirements for making of production order)—

(a) after subsection (2)(c) add—

(d) in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A).

, and

(b) after subsection (2) insert—

(2A) A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person. This subsection is to be construed in accordance with that Part.

8

In section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

9

In section 351(8) (supplementary) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.

10

In section 352 (search and seizure warrants)—

(a) in subsection (2)(a), after “confiscation investigation” insert “ , an exploitation proceeds investigation ”, and

(b) after subsection (5)(c) add—

(d) a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

11

In section 353 (requirements where production order not available)—

(a) after subsection (2)(c) insert—

(d) in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).

(b) in subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ”,

(8A) In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, and

(d) after subsection (10)(c) add—

(d) a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

12

In section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “ or exploitation proceeds investigations ”.

13

In section 357 (disclosure orders)—

(a) after subsection (3)(b) add “, or

(c) a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation.

, and

(b) after subsection (7)(b) add “; and

(c) in relation to an exploitation proceeds investigation, a member of SOCA's staff.

14

In section 358(2) (requirements for making of disclosure order) after paragraph (b) add—

(c) in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).

15

In section 362(5) (supplementary) after “investigation” add “ or an exploitation proceeds investigation ”.

16

In section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “ , an exploitation proceeds investigation ”.

17

In section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.

18

After section 378(6) (officers) insert—

(6A) In relation to an exploitation proceeds investigation, a member of SOCA's staff is an appropriate officer.

Schedule 20

Part 1 — Data controllers' registration

1

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2

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3

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4

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Part 2 — Assessment notices

5

(1) Section 48 of that Act (rights of appeal) is amended as follows.

(2) In subsection (1) after “enforcement notice” insert “ , an assessment notice ”>.

(3) In subsection (3)—

(a) after “enforcement notice” insert “ , an assessment notice ”>, and

(b) after “40(8)” insert “ , 41B(2) ”>.

6

In section 67 of that Act (general provision about orders etc under the Act)—

(a) in subsection (4) insert at the appropriate place—

section 41A(2)(c),

, and

(b) in subsection (5)(a) insert at the appropriate place—

section 41A(2)(b),

7

In section 70(1) of that Act (supplementary definitions) for the definition of “government department” substitute—

“government department”includes— (a) any part of the Scottish Administration; (b) a Northern Ireland department; (c) the Welsh Assembly Government; (d) any body or authority exercising statutory functions on behalf of the Crown.

Part 3 — Powers to require information

8

(1) Section 43 of that Act (information notices) is amended as follows.

(2) In subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information relating to the request or to compliance with the principles. ”>

(3) After that subsection insert—

(1A) In subsection (1) “specified information” means information— (a) specified, or described, in the information notice, or (b) falling within a category which is specified, or described, in the information notice. (1B) The Commissioner may also specify in the information notice— (a) the form in which the information must be furnished; (b) the period within which, or the time and place at which, the information must be furnished.

(4) In subsection (4) for “the time” to “expire” substitute “ a period specified in an information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”>.

9

(1) Section 44 of that Act (special information notices) is amended as follows.

(2) in subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information for the purpose specified in subsection (2). ”>

(3) After subsection (1) insert—

(1A) In subsection (1) “specified information” means information— (a) specified, or described, in the special information notice, or (b) falling within a category which is specified, or described, in the special information notice. (1B) The Commissioner may also specify in the special information notice— (a) the form in which the information must be furnished; (b) the period within which, or the time and place at which, the information must be furnished.

(4) In subsection (5) for “the time” to “expire” substitute “ a period specified in a special information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”.

Part 4 — Restriction on use of information

10

(1) Section 43 of that Act (information notices) is amended as follows.

(2) In subsection (8), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (8A), ”.

(3) After that subsection insert—

(8A) The offences mentioned in subsection (8) are— (a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath), (b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or (c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements). (8B) Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings— (a) in giving evidence the person provides information inconsistent with it, and (b) evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf. (8C) In subsection (8B) “relevant statement”, in relation to a requirement under this section, means— (a) an oral statement, or (b) a written statement made for the purposes of the requirement.

11

(1) Section 44 of that Act (special information notices) is amended as follows.

(2) In subsection (9), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (9A), ”.

(3) After subsection (9) of that section insert—

(9A)

(9A) The offences mentioned in subsection (9) are— (a) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath), (b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or (c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements). (9B) Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings— (a) in giving evidence the person provides information inconsistent with it, and (b) evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf. (9C) In subsection (9B) “relevant statement”, in relation to a requirement under this section, means— (a) an oral statement, or (b) a written statement made for the purposes of the requirement.

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