House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

205

House of Commons

Notices of Amendments

given on

Thursday 6 October 2011

For other Amendment(s) see the following page(s):

Legal Aid, Sentencing and Punishment of Offenders Bill Committee 187-203

Public Bill Committee

Legal Aid, Sentencing and Punishment of

Offenders Bill

Maximum sentence for the offence of dangerous driving

Karl Turner

NC13

To move the following Clause:—

‘(1)
The Road Traffic Offenders Act 1988 is amended as follows.

(2)
In Part 1 of Schedule 2, column 4 in the entry relating to punishment for

dangerous driving leave out “(b) 2 years or a fine or both” and insert “(b) 5 years

or a fine or both”.’.

Maximum sentence for the offence of dangerous driving (No. 2)

Karl Turner

NC14

To move the following Clause:—

‘(1)
The Road Traffic Offenders Act 1988 is amended as follows.

(2)
In Part 1 of Schedule 2, column 4 in the entry relating to punishment for

dangerous driving leave out “(b) 2 years or a fine or both” and insert “(b) 7 years

or a fine or both”.’.

Helen Goodman

363

Schedule  10,  page  166,  line  32,  leave out paragraphs 7 to 18.

Notices of Amendments: 6 October 2011
206

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

364

Schedule  10,  page  168,  line  15,  leave out paragraphs 19 to 23.

Helen Goodman

365

Schedule  10,  page  170,  line  5,  at end add—

‘29A
After section 1 of the Bail (Amendment) Act 1993 at end insert—

  “(1A)
(Appeal against a decision granting bail in the Crown Court).

      (1)
Where a Crown Court grants bail to a person who is charged with or convicted

of an offence triable on indictment the prosecution may appeal to another judge

of the Crown Court against the granting of bail.

      (2)
Subsection (1) above applies only where the prosecution is conducted—

(a)
by or on behalf of the Director of Public Prosecutions; or

(b)
by a person who falls within such a class or description of person as

may be prescribed for purposes of this section by order made by the

Secretary of State.

      (3)
Such an appeal may be made only if—

(a)
the prosecution made representations that bail should not be granted

and;

(b)
the representations were made before it was granted.

      (4)
In the event of the prosecution wishing to exercise the right of appeal set out

in subsection (1) above oral notice of appeal shall be given to the Crown Court

at the conclusion of the proceedings in which such bail has been granted and

before the release from custody of the person concerned.

      (5)
Written notice of appeal shall thereafter be served on the Crown Court and the

person concerned within two hours of the conclusion of such proceedings.

      (6)
Upon receipt from the prosecution of oral notice of appeal from its decision to

grant bail the Crown Court shall remand in custody the person concerned until

the appeal is determined or otherwise disposed of.

      (7)
Where the prosecution fails within the period of two hours mentioned in

subsection (5) above to serve one or both of the notices requires by that

subsection the appeal shall be deemed to have been disposed of.

      (8)
The hearing of an appeal under subsection (1) above against a decision of the

Crown Court to grant bail shall be commenced within 48 hours excluding

weekends and any public holiday (that is to say Christmas Day, Good Friday

or a Bank Holiday) from the date on which oral notice of appeal is given.

      (9)
At the hearing of any appeal by the prosecution under this section such appeal

shall be by way of re-hearing and the judge hearing any such appeal may

remand the person concerned in custody or may grant bail subject to such

conditions (if any) as s/he thinks fit.’.

Mr Jonathan Djanogly

366

Page  52,  line  37,  leave out clause 71.

Mr Jonathan Djanogly

367

Clause  75,  page  55,  line  5,  leave out subsection (6).

Notices of Amendments: 6 October 2011
207

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

368

Clause  85,  page  64,  line  12,  leave out from ‘designate’ to end of line and insert ‘a

local authority as the designated authority for the child for the purposes of—

(a)
subsection (8),

(b)
regulations under section 86 (arrangements for remands), and

(c)
section 87 (looked after child status).’.

Mr Jonathan Djanogly

369

Clause  85,  page  64,  line  21,  leave out subsection (9).

Mr Jonathan Djanogly

370

Clause  86,  page  65,  line  1,  after ‘in’ insert ‘—

(i)
section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort

functions) read with section 92(3) of that Act, or

(ii)
’.

Mr Jonathan Djanogly

371

Clause  86,  page  65,  line  7,  after ‘detention’ insert ‘accommodation’.

Mr Jonathan Djanogly

372

Clause  86,  page  65,  line  16,  leave out ‘designated’ and insert ‘local’.

Mr Jonathan Djanogly

373

Clause  86,  page  65,  line  18,  leave out ‘its’.

Mr Jonathan Djanogly

374

Clause  86,  page  65,  line  20,  leave out paragraph (b).

Mr Jonathan Djanogly

375

Schedule  11,  page  172,  line  26,  at end insert—

    ‘( )
In section 92(3) (application of prisoner escort provisions to persons remanded

etc under section 23 of the Children and Young Persons Act 1969)—

(a)
in paragraph (a), for the words from “or committed” to “1969 Act”

substitute “to local authority accommodation or youth detention

accommodation under section 74 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011”, and

(b)
in paragraph (b) for “such accommodation” substitute

“accommodation in which a person is or is to be accommodated

pursuant to such a remand”.’.

Mr Jonathan Djanogly

376

Clause  89,  page  66,  line  12,  leave out ‘to receive the child’ and insert ‘as the

designated authority for the child’.

Notices of Amendments: 6 October 2011
208

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

377

Clause  89,  page  66,  line  40,  at end insert—

‘( )
In this Chapter, references to a child who is looked after by a local authority are

to be construed in accordance with section 22 of the Children Act 1989.’.

Mr Jonathan Djanogly

378

Clause  91,  page  68,  leave out lines 45 and 46 and insert—

‘( )
subject to any requirement imposed for the purpose of securing

the electronic monitoring of the offender’s compliance with a

curfew requirement,’.

Mr Jonathan Djanogly

379

Clause  91,  page  69,  line  29,  after ‘subsection (12)’ insert ‘—

( )
before the definition of “electronic monitoring condition”

insert—

““curfew requirement” means a requirement (however described)

to remain at one or more specified places for a specified number

of hours in any given day, provided that the requirement is

imposed by a court or the Secretary of State and arises as a result

of a conviction;”;

( )
’.

Mr Jonathan Djanogly

380

Clause  92,  page  70,  line  3,  leave out ‘“section 240 or 240A” substitute “section

240A”’ and insert ‘“a direction under section 240 or 240A includes a direction under”

substitute “section 240ZA includes”’.

Mr Jonathan Djanogly

381

Clause  92,  page  70,  line  19,  leave out ‘“section 240” substitute “section 240A”’

and insert ‘“a direction under section 240 includes a direction under” substitute “section

240ZA includes”’.

Mr Jonathan Djanogly

382

Clause  92,  page  70,  line  19,  at end insert—

‘( )
In section 269 (determination of minimum term in relation to mandatory life

sentence)—

(a)
in subsection (3)(b), for the words from “any direction which it would

have given” to “certain types of condition)” substitute “section 240ZA

(crediting periods of remand in custody) or of any direction which it

would have given under section 240A (crediting periods of remand on

certain types of bail)”;

(b)
after that subsection insert—

“(3A)
The reference in subsection (3)(b) to section 240ZA includes

section 246 of the Armed Forces Act 2006 (crediting periods in

service custody).”’.

Notices of Amendments: 6 October 2011
209

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

383

Clause  92,  page  70,  line  22,  at end insert—

‘( )
Schedule (Crediting of time in custody: Armed Forces amendments) (crediting of

time in custody: Armed Forces amendments) has effect.’.

Mr Jonathan Djanogly

384

Clause  92,  page  70,  line  26,  at end insert ‘and (3)’.

Mr Jonathan Djanogly

385

Clause  97,  page  76,  leave out lines 16 to 18 and insert—

‘( )
In this section—

“specified Class A drug” has the same meaning as in Part 3 of the Criminal

Justice and Court Services Act 2000;

“trigger offence”—

(a)
has the same meaning as in that Part, unless paragraph (b)

applies;

(b)
if the offender’s term of detention was imposed for an offence

under section 42 of the Armed Forces Act 2006 (criminal

conduct), means such an offence as respects which the

corresponding offence under the law of England and Wales is a

trigger offence within the meaning of that Part.’.

Mr Jonathan Djanogly

386

Clause  98,  page  77,  line  30,  at end insert—

‘( )
In section 263(2)(b) (concurrent terms: authority to release), for “section 244”

substitute “section 246”.

( )
In section 263(2)(c) (concurrent terms: licence period), for the words from “for

so long, and subject to such conditions, as is” substitute “—

(i)
until the last date on which the offender is required to be

on licence in respect of any of the terms, and

(ii)
subject to such conditions as are”.’.

Mr Jonathan Djanogly

387

Clause  103,  page  82,  line  9,  at end insert—

‘( )
In section 127(6) of the Criminal Justice and Public Order Act 1994 (inducements

to prison officers to contravene prison rules: meaning of “prison rules”), after

“section 47” insert “or 47A”.’.

Mr Jonathan Djanogly

388

Clause  103,  page  82,  line  16,  at end insert—

‘( )
In section 45(2) of the National Minimum Wage Act 1998 (exclusion for

prisoners doing work in pursuance of prison rules: interpretation), in paragraph

(a) of the definition of “prison rules”, after “section 47” insert “or 47A”.’.

Notices of Amendments: 6 October 2011
210

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

389

Clause  113,  page  90,  line  33,  leave out from beginning to end of line 35.

Mr Jonathan Djanogly

390

Clause  113,  page  90,  line  40,  leave out ‘6’ and insert ‘12’.

Mr Jonathan Djanogly

391

Clause  113,  page  91,  line  8,  at end insert—

‘( )
In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 12 months

is to be read as a reference to 6 months.’.

Mr Jonathan Djanogly

392

Clause  113,  page  91,  line  13,  at end insert—

‘( )
If on a person’s trial for an offence under this section (whether on indictment or

not) the person is found not guilty of that offence but it is proved that the person

committed an offence under section 1, the person may be convicted of the offence

under that section.”’.

Mr Jonathan Djanogly

393

Clause  113,  page  91,  line  34,  leave out from beginning to end of line 43.

Mr Jonathan Djanogly

394

Clause  113,  page  92,  line  3,  leave out ‘6’ and insert ‘12’.

Mr Jonathan Djanogly

395

Clause  113,  page  92,  line  12,  at end insert—

‘( )
In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003, the reference in subsection (8)(a) to 12 months

is to be read as a reference to 6 months.’.

Mr Jonathan Djanogly

396

Clause  113,  page  92,  line  17,  at end insert—

‘( )
If on a person’s trial for an offence under this section (whether on indictment or

not) the person is found not guilty of that offence but it is proved that the person

committed an offence under section 139 or 139A, the person may be convicted of

the offence under that section.”’.

Mr Jonathan Djanogly

397

Schedule  16,  page  186,  line  18,  at end insert “only”.

Mr Jonathan Djanogly

398

Schedule  16,  page  186,  line  18,  at end insert—

Notices of Amendments: 6 October 2011
211

Legal Aid, Sentencing and Punishment of , continued

‘Mental Health Act 1983 (c. 20)

1A  (1)
Section 37(1A) of the Mental Health Act 1983 (powers of courts to order

hospital admission or guardianship) is amended as follows.

      (2)
Before paragraph (a) insert—

“(za)
under section 1A(6) of the Prevention of Crime Act 1953,”.

      (3)
After paragraph (a) insert—

“(aa)
under section 139AA(9) of the Criminal Justice Act 1988,”.

Police and Criminal Evidence Act 1984 (c. 60)

1B
In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of

constable to stop and search persons, vehicles etc) after “139” insert “or

139AA”.’.

Mr Jonathan Djanogly

399

Schedule  16,  page  186,  line  19,  at end insert—

‘1C
The Criminal Justice Act 1988 is amended as follows.

1D  (1)
Section 36(2)(b) (reviews of sentencing) is amended as follows.

      (2)
Before sub-paragraph (i) insert—

“(zi)
section 1A(6) of the Prevention of Crime Act 1953;”.

      (3)
After sub-paragraph (i) insert—

“(ia)
section 139AA(9) of this Act;”.

1E  (1)
Section 139B (power of entry to search for articles with a blade or point and

offensive weapons) is amended as follows.

      (2)
In subsection (1) after “139A” insert “or 139AA”.

      (3)
In subsection (4)—

(a)
after “In the application of this section to Northern Ireland” insert “—

“(a)
”;

(b)
at the end add “, and

(b)
the reference in subsection (1) to section 139AA is

omitted.”’.

Mr Jonathan Djanogly

400

Schedule  16,  page  186,  line  20,  leave out ‘of the Criminal Justice Act 1988’.

Mr Jonathan Djanogly

401

Schedule  16,  page  186,  line  24,  at end insert—

‘Youth Justice and Criminal Evidence Act 1999 (c. 23)

2A  (1)
Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant

offences for the purposes of section 17: witnesses eligible for assistance on

grounds of fear or distress about testifying) is amended as follows.

      (2)
After paragraph 9 insert—

“9A
An offence under section 1A of that Act (threatening with a weapon

in public).

      (3)
After paragraph 26 insert—



© Parliamentary copyright	Revised 7 October 2011