Search Legislation

Coroners and Justice Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Coroners and Justice Act 2009, Chapter 2 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Chapter 2E+WOther provisions relating to sentencing

Driving disqualificationE+W

137Extension of driving disqualificationE+W

Schedule 16 makes provision about the extension of disqualification for holding or obtaining a driving licence in certain circumstances.

Commencement Information

I1S. 137 in force at 13.4.2015 by S.I. 2015/819, art. 2(a)

Dangerous offendersE+W

F1138Dangerous offenders: terrorism offences (England and Wales)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139Dangerous offenders: terrorism offences (Northern Ireland)E+W

(1)Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order) is amended in accordance with subsections (2) to (4).

(2)After paragraph 25 insert—

25AThe Terrorism Act 2000 (c. 11)

25AAn offence under—

  • section 54 (weapons training),

  • section 56 (directing terrorist organisation),

  • section 57 (possession of article for terrorist purposes), or

  • section 59 (inciting terrorism overseas).

(3)After paragraph 26 insert—

26AThe Anti-terrorism, Crime and Security Act 2001 (c. 24)

26AAn offence under—

  • section 47 (use etc of nuclear weapons),

  • section 50 (assisting or inducing certain weapons-related acts overseas), or

  • section 113 (use of noxious substance or thing to cause harm or intimidate).

(4)After paragraph 31 insert—

31ZAThe Terrorism Act 2006 (c. 11)

31ZAAn offence under—

  • section 5 (preparation of terrorist acts),

  • section 6 (training for terrorism),

  • section 9 (making or possession of radioactive device or material),

  • section 10 (use of radioactive device or material for terrorist purposes etc), or

  • section 11 (terrorist threats relating to radioactive devices etc).

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 139(5)-(8) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 15 (with s. 25(5))

Commencement Information

I2S. 139 in force at 12.1.2010 by S.I. 2010/28, art. 2

Confiscation ordersE+W

140Appeals against certain confiscation orders (England and Wales)E+W

(1)The Criminal Appeal Act 1968 (c. 19) is amended in accordance with subsections (2) and (3).

(2)In section 11 (supplementary provisions as to appeal against sentence), after subsection (3) insert—

(3A)Where the Court of Appeal exercise their power under paragraph (a) of subsection (3) to quash a confiscation order, the Court may, instead of proceeding under paragraph (b) of that subsection, direct the Crown Court to proceed afresh under the relevant enactment.

(3B)When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

(3C)The Court of Appeal shall exercise the power to give such directions so as to ensure that any confiscation order made in respect of the appellant by the Crown Court does not deal more severely with the appellant than the order quashed under subsection (3)(a).

(3D)For the purposes of this section—

  • confiscation order” means a confiscation order made under—

    (a)

    section 1 of the Drug Trafficking Offences Act 1986,

    (b)

    section 71 of the Criminal Justice Act 1988,

    (c)

    section 2 of the Drug Trafficking Act 1994, or

    (d)

    section 6 of the Proceeds of Crime Act 2002;

  • relevant enactment”, in relation to a confiscation order quashed under subsection (3)(a), means the enactment under which the order was made.

(3)After that section insert—

11AQuashing of certain confiscation orders: supplementary

(1)This section applies where the Court of Appeal—

(a)quash a confiscation order under section 11(3)(a) (“the quashed order”), and

(b)under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.

(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A).

(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 11(3D).

Commencement Information

I3S. 140 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 10

141Appeals against certain confiscation orders (Northern Ireland)E+W

(1)The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in accordance with subsections (2) and (3).

(2)In section 10 (supplementary provisions as to appeals against sentence), after subsection (3) insert—

(3A)Where the Court of Appeal exercises its power under subsection (3) to quash a confiscation order, the Court may, instead of passing a sentence in substitution for that order, direct the Crown Court to proceed afresh under the relevant enactment.

(3B)When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

(3C)For the purposes of this section—

  • confiscation order” means a confiscation order made under—

    (a)

    Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990,

    (b)

    Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996, or

    (c)

    section 156 of the Proceeds of Crime Act 2002;

  • relevant enactment”, in relation to a confiscation order quashed under subsection (3), means the enactment under which the order was made.

(3)After that section insert—

10AQuashing of certain confiscation orders: supplementary

(1)This section applies where the Court of Appeal—

(a)quashes a confiscation order under section 10(3) (“the quashed order”), and

(b)under section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment.

(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 10(3A).

(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 10(3C).

Commencement Information

I4S. 141 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 11

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources