My Lords, Amendment 1 removes references in Clause 2(10) to subsections (5) and (6) of that clause. Subsection (10) makes transitional provision around the application of the “dangerousness” life sentence, imposed on conviction of an offence listed in Schedule 15 to the Criminal Justice Act 2003, which
carries a maximum penalty of life where the court considers that there is a significant risk to members of the public of serious harm from further Schedule 15 offences. However, such a sentence could never be imposed for the offences mentioned in subsections (5) and (6) so we do not need to refer to them.
The other amendments are minor changes that correct inconsistencies and lacunae relating to dangerous offender provisions in the drafting of the Criminal Justice Act 2003. Amendment 2 relates to foreign service offences and the extent to which they are treated as previous convictions for the purposes of the dangerous offender sentencing scheme. Previous convictions may be relevant in determining eligibility for an extended determinate sentence or for the “two strikes” life sentence. This amendment ensures that all previous convictions for a member state service offence, which is the equivalent of an offence listed in Schedule 15B to the Criminal Justice Act 2003, can count as relevant previous convictions for these purposes.
As currently drafted, paragraph 49 of Schedule 15B to the Criminal Justice Act 2003 covers only equivalent member state service offences for which the offender was convicted by a court operating in the member state. However, a conviction for a member state service offence could be given by a service court sitting elsewhere in the world. Currently, such convictions are covered for UK service courts operating outside the UK, and we should treat member state convictions in the same way.
Amendment 3 relates to certificates of conviction. There is provision in the Criminal Justice Act 2003 for such certificates to be treated as evidence as to whether a previous conviction is a relevant previous conviction for the purposes of the “two strikes” life sentence. Such certificates could assist in dealing with disputes about, for example, whether a previous conviction for robbery under Section 8 of the Theft Act 1968 involved possession of a firearm. In the former case, the robbery would constitute an offence listed in Schedule 15B to the Criminal Justice Act 2003. However, no similar provision is made in relation to deciding eligibility for an extended determinate sentence. To rectify this anomaly, we are extending Section 232A of the Criminal Justice Act 2003 to Section 226A(2) of the Criminal Justice Act 2003 as well.
Amendment 6 relates to how the court determines the date of a previous offence. Generally, where legislation makes a change to sentencing, provision is made for how the date of an offence should be determined if it is found to have been committed over a period of two or more days or at some time during a period of two or more days. This is helpful because such changes often apply only where an offence is committed on or after the commencement of the provision in question. However, there is no provision of this type in relation to Section 224A of the 2003 Act—the “two strikes” life sentence. This is an anomaly, and we consider that we need to rectify it. I beg to move.