Moved by
Baroness Browning
69: Clause 27, page 25, line 11, at end insert-—
“(2CA) In considering whether it is of the opinion mentioned in subsection (2B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).
(2CB) Where—
(a) an appropriate custodial sentence has been imposed on a person under subsection (2B), and
(b) a relevant conviction without which subsection (2B) would not have applied has been subsequently set aside on appeal,
notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).”
70: Clause 27, page 25, line 18, leave out “(2B)(a)” and insert “(2C)(a)”
71: Clause 27, page 25, line 21, at end insert—
“( ) After section 1 insert—
“1ZA Offence under section 1: relevant previous convictions
(1) For the purposes of section 1, “relevant conviction” means—
(a) a conviction for an offence under—(a “relevant offence”), whenever committed,
(i) section 1 or 1A of this Act, or
(ii) section 139, 139A or 139AA of the Criminal Justice Act 1988,
(a “relevant offence”), whenever committed,
(b) a conviction in Scotland, Northern Ireland or a member State other than the United Kingdom for a civilian offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of that conviction,
(c) a conviction for an offence under section 42 of the Armed Forces Act 2006, whenever committed, in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence,
(d) a conviction for an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, whenever committed, in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence, and
(e) a conviction for a member State service offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of conviction.
(2) In this section—
“civilian offence” means an offence other than—
(a) an offence under an enactment mentioned in subsection (1)(c) or (d), or
(b) a member State service offence;
“conviction” includes—
(a) in relation to an offence under section 42 of the Armed Forces Act 2006, anything which by virtue of section 376(1) and (2) of that Act is to be treated as a conviction and
(b) in relation to an offence under section 42 of the Naval Discipline Act 1957 and a member State service offence, a finding of guilt in respect of the person;
“member State service offence” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.
(3) For the purposes of subsection (1)(c) and (d), where the offence was committed by aiding, abetting, counselling or procuring, it must be assumed that the act aided, abetted, counselled or procured was done in England and Wales.”