PART 6TAKING ACCOUNT OF CONVICTIONS
CHAPTER 1Amendments: legislation that extends to England and Wales only
Amendment of the Prevention of Crime Act 195321
1
Section 1ZA of the Prevention of Crime Act 1953 (offence under section 1: previous relevant convictions)17 is amended as follows.
2
In subsection (1)—
a
in paragraph (b), for “Scotland, Northern Ireland or a member State other than the United Kingdom” substitute “Scotland or Northern Ireland”;
b
at the end of paragraph (c), insert “and”;
c
omit paragraph (e) and the “and” preceding it.
3
In subsection (2)—
a
in the definition of “civilian offence”, omit paragraph (b) and the “or” preceding it;
b
in paragraph (b) of the definition of “conviction”, omit “and a member State service offence”;
c
omit the definition of “member State service offence”.
Amendment of the Magistrates’ Courts Act 198022
1
Section 19 of the Magistrates’ Courts Act 1980 (decision as to allocation)18 is amended as follows.
2
In subsection (5)—
a
at the end of paragraph (a), insert “or”;
b
omit paragraph (aa).
3
Omit subsection (5A).
Amendment of the Criminal Justice and Public Order Act 199423
1
Section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences)19 is amended as follows.
2
In subsection (2), in the opening words, for “subsection (3)” substitute “subsection (3A)”.
3
Omit subsection (3).
4
Omit subsection (3B).
5
In subsection (5), omit the definition of “relevant foreign offence”.
6
Omit subsection (5A).
Amendment of the Crime and Disorder Act 199824
1
Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998)20 is amended as follows.
2
In sub-paragraph (5)—
a
at the end of paragraph (a), insert “or”;
b
omit paragraph (aa).
3
Omit sub-paragraph (5A).
Amendment of the Powers of Criminal Courts (Sentencing) Act 200025
1
The Powers of Criminal Courts (Sentencing) Act 200021 is amended as follows.
2
In section 17(1)(b) (referral conditions for young offenders)22, omit sub-paragraph (ii) and the “or” preceding it.
3
In section 110 (minimum of seven years for third class A drug trafficking offence)23—
a
in subsection (1)(b), for “2 relevant drug convictions; and” substitute “been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and”;
b
omit subsection (2A).
4
In section 111(2A) (minimum of three years for third domestic burglary)24—
a
in paragraph (a)(ii), omit “or any other member State”;
b
in paragraph (b)(ii), for “any other case” substitute “respect of a conviction in any other part of the United Kingdom”.
5
In section 113 (certificates of convictions for purposes of Chapter III)25—
a
for subsection (1A) substitute—
1A
Where—
a
a person is convicted in any part of the United Kingdom other than England and Wales of—
i
a class A drug trafficking offence, or
ii
a corresponding domestic burglary offence,
b
the court by or before which the person is convicted states in open court that the person has been convicted of such an offence on that date, and
c
that court certifies, by way of a certificates signed by the proper officer of the court, the fact that the person has been convicted of such an offence on that date,
the certificate is evidence, for the purposes of the relevant section of this Chapter, that the person was convicted of such an offence on that date.
b
for subsection (2A) substitute—
2A
Where—
a
a person is convicted in any part of the United Kingdom other than England and Wales of—
i
a class A drug trafficking offence, or
ii
a corresponding domestic burglary offence,
b
the court by or before which the person is convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and
c
that court certifies, by way of a certificate signed by the proper officer of the court, that the offence was committed on a particular day or over, or at some time during, a particular period,
the certificate is evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on a particular day or over, or at some time during, that period.
c
in subsection (3), omit the definition of “corresponding drug trafficking offence”.
6
In section 114 (offences under service law)26—
a
omit subsection (1A);
b
omit subsection (1B);
c
omit subsection (4).
Amendment of the Criminal Justice Act 200326
1
The Criminal Justice Act 200327 is amended as follows.
2
In section 143 (determining the seriousness of an offence)28—
a
in subsection (4)—
i
at the end of paragraph (a), insert “or”;
ii
omit paragraph (aa);
iii
omit paragraph (c) and the “or” preceding it;
b
in subsection (5)—
i
in paragraph (a), for the words from “both” to “State” substitute “the United Kingdom”;
ii
omit paragraph (b) and the “or” preceding it;
c
omit subsection (6).
3
In section 224A(10) (life sentence for second listed offence)29—
a
in paragraph (b) of the definition of “extended sentence”—
i
for “Scotland,” substitute “Scotland or”, and
ii
omit “or a member State (other than the United Kingdom)”;
b
in paragraph (b) of the definition of “life sentence”—
i
for “Scotland,” substitute “Scotland or”, and
ii
omit “or a member State (other than the United Kingdom)”.
4
In Part 4 of Schedule 15B (offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226(A))30—
a
in the heading—
i
for “SCOTLAND,” substitute “SCOTLAND OR”, and
ii
omit “OR A MEMBER STATE OTHER THAN THE UNITED KINGDOM”;
b
in paragraph 4931—
i
for “A civilian offence” substitute “An offence”;
ii
for “Scotland, Northern Ireland or a member State other than the United Kingdom” substitute “Scotland or Northern Ireland”;
c
omit paragraph 49A32;
d
omit paragraph 49B33.
Amendment of the Coroners and Justice Act 200927
In Schedule 17 to the Coroners and Justice Act 2009 (treatment of convictions in other member States etc)34, omit paragraph 8 (availability of community orders).
CHAPTER 2Amendments: legislation that extends to Northern Ireland only
Amendment of the Police and Criminal Evidence (Northern Ireland) Order 198928
1
The Police and Criminal Evidence (Northern Ireland) Order 198935 is amended as follows.
2
In Article 71 (proof of convictions and acquittals)36—
a
omit paragraph (1A);
b
omit paragraph (2)(c) and the “and” preceding it.
3
In Article 72 (conviction as evidence of commission of offence)37—
a
in paragraph (1), omit “or any other member State”;
b
in paragraph (2), omit “or any other member State”;
c
in paragraph (3)(a), omit “or any other member State”.
4
In Article 73(1) (provisions supplementary to Article 72)38, for sub-paragraph (b) substitute—
b
the contents of the complaint, indictment or charge-sheet on which the person in question was convicted,
CHAPTER 3Amendments: legislation that extends to England and Wales and Northern Ireland
Amendment of the Police and Criminal Evidence Act 198429
1
The Police and Criminal Evidence Act 198439 is amended as follows.
2
In section 7340 (proof of convictions and acquittals)—
a
in subsection (1), omit “or any other member State”;
b
omit subsection (2)(c) and the “and” preceding it;
c
in subsection (3)—
i
in paragraph (b), omit “in the United Kingdom”;
ii
omit paragraph (c) and the “and” preceding it.
3
In section 74 (conviction as evidence of commission of offence)41—
a
in subsection (1), omit “or any other member State”;
b
in subsection (2), omit “or any other member State”;
c
in subsection (3)(a), omit “or any other member State”.
4
In section 75(1) (provisions supplementary to section 74)42, for paragraph (b) substitute—
b
the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,
Amendment of the Criminal Justice Act 198830
1
Section 139AZA of the Criminal Justice Act 1988 (offences under sections 139 and 139A: previous relevant convictions)43 is amended as follows.
2
In subsection (1)—
a
in paragraph (b), for “Scotland, Northern Ireland or a member State other than the United Kingdom” substitute “Scotland or Northern Ireland”;
b
at the end of paragraph (c), insert “and”;
c
omit paragraph (e) and the “and” preceding it.
3
In subsection (2)—
a
for the definition of “civilian offence” substitute—
“civilian offence” means an offence other than an offence under an enactment mentioned in subsection (1)(c) or (d);
b
in paragraph (b) of the definition of “conviction”, omit “and a member State service offence”;
c
omit the definition of “member State service offence”.
CHAPTER 4Transitional provision
Transitional provision31
1
This Part does not apply in relation to proceedings instituted before exit day.
2
For the purposes of paragraph (1) as it extends to England and Wales—
a
proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 198544, in accordance with section 15(2) of that Act, and
b
proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 199545 is made.
3
For the purposes of paragraph (1) as it extends to Northern Ireland—
a
proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 2 of the Justice (Northern Ireland) Act 200246, in accordance with section 44(1) of that Act, and
b
proceedings on appeal are instituted when the notice of appeal is given or the reference under section 10 or 12 of the Criminal Appeal Act 199547 is made.