Coroners and Justice Bill

101: Clause 148, page 95, line 2, leave out subsection (1) and insert— "(1) In this Part "relevant offence", in relation to a person ("P"), means— (a) a serious offence by reason of which P is a qualifying offender, (b) a serious offence which was taken into consideration by a court in determining the sentence imposed on P for an offence by reason of which P is a qualifying offender, or (c) a serious offence committed by another person which is associated with— (i) an offence by reason of which P is a qualifying offender, or (ii) an offence which was taken into consideration by a court in determining the sentence imposed on P for such an offence. (1A) For this purpose an offence is "serious" if— (a) in the case of an offence under the law of England and Wales, it is an indictable offence, (b) in the case of an offence under the law of Scotland, it is an offence triable on indictment (whether or not it is exclusively so triable), (c) in the case of an offence under the law of Northern Ireland, it is an offence which, if committed by an adult, is punishable on conviction on indictment (whether only on conviction on indictment or either on conviction on indictment or on summary conviction), (d) in the case of a foreign offence, the act constituting the offence— (i) at the time it was done, would have constituted an offence within paragraph (a), (b) or (c) if it had been done in any part of the United Kingdom, and (ii) would also constitute such an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it." 102: Clause 148, page 95, line 33, at end insert— "(4A) Subsection (1A) does not apply in relation to a UK service offence or a foreign service offence, and for the purposes of subsection (1) such an offence is "serious" if— (a) in the case of a UK service offence— (i) the act constituting the offence is a serious offence within subsection (1A)(a), (ii) the act constituting the offence, if done in England and Wales, would be a serious offence within subsection (1A)(a), or (iii) the offence is within subsection (4B); (b) in the case of a foreign service offence, the act constituting the offence— (i) at the time it was done, would have constituted a serious offence within subsection (1A) or an offence within subsection (4B) if it had been done in any part of the United Kingdom by a member of Her Majesty’s forces, and (ii) would also constitute such an offence if it were done in any part of the United Kingdom by a member of Her Majesty’s forces at the time the application for an exploitation proceeds order is made in respect of it. (4B) An offence is within this subsection if it is an offence under— (a) section 24(1) of the AA 1955 or of the AFA 1955, section 2(1) of the NDA 1957 or section 2(1) of the AFA 2006 (misconduct on operations), (b) section 25 of the AA 1955 or of the AFA 1955, section 3 of the NDA 1957 or section 1 of the AFA 2006 (assisting an enemy), (c) section 26(1) of the AA 1955 or of the AFA 1955, section 4(1) of the NDA 1957 or section 3 of the AFA 2006 (obstructing operations), (d) section 30(a) or (b) of the AA 1955 or of the AFA 1955, section 5(a) or (b) of the NDA 1957 or section 4(1) or (2) of the AFA 2006 (looting), (e) section 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA 1957 or section 6 of the AFA 2006 (mutiny), or (f) section 32 of the AA 1955 or of the AFA 1955, section 10 of the NDA 1957 or section 7 of the AFA 2006 (failure to suppress mutiny)." 103: Clause 148, page 95, line 40, leave out subsection (6) and insert— "( ) In this section— "AA 1955" means the Army Act 1955 (3 & 4 Eliz. 2 c. 18); "act" includes a failure to act (and references to the doing of an act are to be read accordingly); "AFA 1955" means the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19); "AFA 2006" means the Armed Forces Act 2006 (c. 52); "foreign offence" has the same meaning as in section 145; "foreign service offence", "Her Majesty’s services" and "UK service offence" have the same meaning as in section 146; "NDA 1957" means the Naval Discipline Act 1957 (c. 53)." Amendments 101 to 103 agreed. Amendment 104 not moved. Clause 149 : Deriving a benefit Clause 149 : Deriving a benefit Amendment 105 not moved. Clause 150 : Applications Clause 150 : Applications Amendment 106 not moved. Clause 151 : Determination of applications Clause 151 : Determination of applications Amendment 106A not moved. Amendment 107 Moved by