Coroners and Justice Bill

90B: Schedule 15, page 158, line 38, at end insert— "(4A) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90C: Schedule 15, page 159, line 30, at end insert— "35AA Effect of custodial sentence in other cases (1) This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and— (a) the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or (b) at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired. (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."" 90D: Schedule 15, page 159, line 31, leave out "35A" and insert "35AA" 90E: Schedule 15, page 160, line 7, at end insert— "(4A) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90F: Schedule 15, page 160, line 39, leave out from "includes" to second "of" in line 40 and insert— "— (a) an order for detention in residential accommodation under section 44 of the 1995 Act, and (b) a sentence of detention under section 205, 207 or 208" 90G: Schedule 15, page 160, line 40, at end insert— "35C Effect of sentence of imprisonment in other cases: Scotland (1) This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and— (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment. (4) If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2). (5) In this section "sentence of imprisonment" has the same meaning as in section 35B."" 90H: Schedule 15, page 161, line 18, at end insert— "(4A) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90J: Schedule 15, page 162, line 1, leave out from "includes" to second "of" in line 2 and insert— "— (a) an order for detention in residential accommodation under section 44 of this Act, and (b) a sentence of detention under section 205, 207 or 208" 90K: Schedule 15, page 162, line 2, at end insert— "248E Effect of sentence of imprisonment in other cases (1) This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 248 or 248A from holding or obtaining a driving licence and— (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 248 or 248A, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment. (4) If the court proposes to order the person to be disqualified under section 248 or 248A and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2). (5) In this section "sentence of imprisonment" has the same meaning as in section 248D."" 90L: Schedule 15, page 163, line 6, at end insert— "(4A) If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90M: Schedule 15, page 163, line 38, at end insert— "40B Effect of custodial sentence in other cases (1) This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 35 or 40 and— (a) the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or (b) at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under Article 35 or 40, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so. (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."" 90N: Schedule 15, page 164, line 46, at end insert— "(4A) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90P: Schedule 15, page 165, line 34, at end insert— "147B Effect of custodial sentence in other cases (1) This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 146 or 147 for holding or obtaining a driving licence and— (a) the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or (b) at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 146 or 147, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence. (4) If the court proposes to order the person to be disqualified under section 146 or 147 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2). (5) In this section "suspended sentence" has the same meaning as in section 147A."" 90Q: Schedule 15, page 166, line 39, at end insert— "(4A) If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90R: Schedule 15, page 167, line 14, at end insert— "91B Effect of custodial sentence in other cases (1) This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 91 for holding or obtaining a driving licence and— (a) the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or (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."" Amendments 90B to 90R agreed. Clause 128 : Dangerous offenders: terrorism offences (England and Wales) Clause 128 : Dangerous offenders: terrorism offences (England and Wales) Amendment 91 not moved. Clause 129 : Dangerous offenders: terrorism offences (Northern Ireland) Clause 129 : Dangerous offenders: terrorism offences (Northern Ireland) Amendment 92 not moved. Schedule 16 : Treatment of convictions in other member States etc Amendment 92A Schedule 16 : Treatment of convictions in other member States etc Amendment 92A Moved by