House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 8 September 2011
132

Legal Aid, Sentencing and Punishment of , continued

      (4)
Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal

Justice Act 2003 in case of suspended sentence orders without community

requirements) and the heading before that paragraph.

      (5)
After paragraph 6 insert—

“6A
Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning

there were inserted “where the court dealing with the offender is the

Crown Court,”.”

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)


In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc)

Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal

Justice Act 2003 pending the commencement of the repeal of section 78 of the

Powers of Criminal Courts (Sentencing) Act 2000).

Armed Forces Act 2011


In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service

legislation), in paragraph 17 (amendment to section 200(5) of the Armed

Forces Act 2006) omit “paragraph (b) of”.’.

Mr Jonathan Djanogly

249


Clause  58,  page  44,  line  3,  after ‘£2,500,”,’ insert—

‘( )
after sub-paragraph (4) insert—

“(4ZA)
A fine imposed under sub-paragraph (2)(ba) is to be treated,

for the purposes of any enactment, as being a sum adjudged to

be paid by a conviction.”,’.

Mr Jonathan Djanogly

250


Clause  59,  page  44,  line  24,  at end insert—

‘( )
In section 177(2) of the Criminal Justice Act 2003 (community orders:

restrictions relating to particular requirements) omit paragraph (c) (which refers

to section 202(4) and (5) of that Act).

( )
In section 190(2) of that Act (suspended sentence orders: restrictions relating to

particular requirements) omit paragraph (c) (which refers to section 202(4) and

(5) of that Act).’.

Mr Jonathan Djanogly

251


Clause  59,  page  44,  line  25,  leave out ‘the Criminal Justice Act 2003’ and insert

‘that Act’.

Public Bill Committee: 8 September 2011
133

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

271


Page  45,  line  1,  leave out Clause 60.

Mr Elfyn Llwyd

273


Clause  66,  page  49,  line  31,  leave out from ‘is’ to ‘either’ in line 32 and insert ‘may

not be made unless a draft of the instrument has been laid before and approved by a

resolution of each House of Parliament.’.

Mr Jonathan Djanogly

252


Clause  66,  page  49,  line  37,  at end insert—

‘( )
In section 213 of the Armed Forces Act 2006 (application of provisions relating

to civilian detention and training orders to orders under section 211 of that Act)—

(a)
in subsection (2), after “(13)” insert “, 104B(1)”,

(b)
after subsection (3) insert—

“(4)
Subsection (5) applies where an order under section 104(3)

(further period of detention or supervision) of the Sentencing Act

is made against an offender for breach of supervision

requirements—

(a)
during a period of supervision under an order under

section 211 of this Act,

(b)
during a further period of supervision imposed for

breach of supervision requirements during a period

within paragraph (a), or

(c)
during one of a series of further periods of supervision—

(i)
each of which apart from the first was imposed

for breach of supervision requirements during

the previous further period of supervision, and

(ii)
the first of which was imposed for breach of

supervision requirements during a period within

paragraph (a).

(5)
In the application of sections 104A and 104B of the Sentencing

Act in relation to the offender, references to section 105 of that

Act include section 214 of this Act.

(6)
In subsection (4)—

“further period of supervision” means a period of supervision

imposed under section 104(3)(aa) of the Sentencing Act;

“supervision requirements” means requirements under section

103(6)(b) of that Act.

(7)
In section 104B of the Sentencing Act, references to a custodial

sentence within the meaning of that Act include a custodial

sentence within the meaning of this Act.”

Public Bill Committee: 8 September 2011
134

Legal Aid, Sentencing and Punishment of , continued

( )
In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service

legislation), in paragraph 18(b) (amendment to section 213(2) of the Armed

Forces Act 2006) for “after “(13)”” substitute “before “and 106A””.’.

Mr Elfyn Llwyd

272


Page  49,  line  44,  leave out Clause 67.

Mr Elfyn Llwyd

274


Clause  69,  page  50,  line  21,  at end insert ‘and for “3” substitute “2”.’.

Mr Elfyn Llwyd

275


Clause  69,  page  51,  line  1,  leave out ‘three’ and insert ‘two’.

Mr Elfyn Llwyd

276


Clause  69,  page  51,  line  22,  leave out ‘three’ and insert ‘two’.

Mr Elfyn Llwyd

277


Clause  70,  page  52,  line  26,  leave out from ‘, for’ to end of line and insert ‘(i), for

“14” substitute “16”.’.

Mr Elfyn Llwyd

278


Clause  70,  page  52,  line  28,  leave out from ‘, for’ to end of line and insert ‘(i), for

“14” substitute “16”.’.

Mr Elfyn Llwyd

279


Clause  70,  page  52,  line  32,  leave out from beginning to ‘paragraph’ in line 33.

Mr Elfyn Llwyd

282


Schedule  10,  page  165,  line  33,  leave out paragraph 3.

Public Bill Committee: 8 September 2011
135

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

283


Schedule  10,  page  166,  leave out line 14.

Mr Elfyn Llwyd

284


Schedule  10,  page  166,  leave out line 42.

Mr Elfyn Llwyd

285


Schedule  10,  page  167,  line  7,  leave out ‘paragraph 2’ and insert ‘sub-paragraphs

2(a) or (b)’.

Mr Elfyn Llwyd

286


Schedule  10,  page  167,  line  8,  after ‘custody’, insert ‘or’.

Mr Elfyn Llwyd

287


Schedule  10,  page  167,  line  8,  leave out from ‘bail’ to end of line 9.

Mr Elfyn Llwyd

288


Schedule  10,  page  167,  line  28,  leave out from ‘to’ to end of line 32 and insert ‘any

person other than the defendant’.

Mr Elfyn Llwyd

292


Schedule  10,  page  168,  line  10,  leave out paragraph.

Mr Elfyn Llwyd

293


Schedule  10,  page  168,  line  14,  leave out paragraph.

Mr Elfyn Llwyd

289


Schedule  10,  page  168,  line  26,  leave out paragraph 22.

Mr Elfyn Llwyd

290


Schedule  10,  page  168,  line  39,  before ‘Paragraph’, insert ‘In’.

Mr Elfyn Llwyd

291


Schedule  10,  page  168,  line  40,  leave out from ‘amended’ to end of line 4 on page

169 and insert ‘in sub-paragraph (a) omit “or” and omit sub-paragraph (b)’.

Mr Elfyn Llwyd

294


Schedule  10,  page  169,  line  27,  leave out from ‘to’ to end of line 33 and insert ‘any

Public Bill Committee: 8 September 2011
136

Legal Aid, Sentencing and Punishment of , continued

person other than the defendant’.

Mr Jonathan Djanogly

253


Clause  74,  page  54,  line  17,  at end insert—

‘( )
This section is subject to section 128(7) of the Magistrates’ Courts Act 1980

(remands to police detention for periods of not more than 3 days); but that

provision has effect in relation to a child as if for the reference to 3 clear days

there were substituted a reference to 24 hours.’.

Mr Jonathan Djanogly

254


Clause  85,  page  63,  line  38,  leave out ‘one of the kinds of’.

Mr Jonathan Djanogly

255


Clause  85,  page  63,  line  39,  after ‘accommodation’ insert ‘of a kind’.

Mr Jonathan Djanogly

256


Schedule  11,  page  170,  line  18,  at end insert—

‘Prison Act 1952 (c. 52)


In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide

young offender institutions, secure training centres etc), at the end of

paragraph (d) insert “and in which children who have been remanded to youth

detention accommodation under section 74(4) of the Legal Aid, Sentencing

and Punishment of Offenders Act 2011 may be detained”.’.

Mr Jonathan Djanogly

257


Schedule  11,  page  172,  line  10,  at end insert—

‘Child Abduction Act 1984 (c. 37)


The Child Abduction Act 1984 is amended as follows.


In section 1(8) (offence of child abduction: modifications in relation to

children remanded to local authority accommodation etc), for “to a local

authority accommodation” substitute “otherwise than on bail”.


In paragraph 2 of the Schedule (modifications of section 1 in case of children

in places of safety etc)—

(a)
in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children

and Young Persons Act 1969,”,

Public Bill Committee: 8 September 2011
137

Legal Aid, Sentencing and Punishment of , continued

(b)
in that sub-paragraph, at the end of paragraph (ba) insert “; or

(bb)
remanded to local authority accommodation or

youth detention accommodation under section 74

of the Legal Aid, Sentencing and Punishment of

Offenders Act 2011.”, and

(c)
in sub-paragraph (2)(a), after “place of safety” insert “, local authority

accommodation or youth detention accommodation”.

Police and Criminal Evidence Act 1984 (c. 60)


In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of

entry and search of premises for purpose of arresting child or young person

remanded to local authority accommodation), for the words from “or

committed” to “that Act” substitute “to local authority accommodation or

youth detention accommodation under section 74 of the Legal Aid, Sentencing

and Punishment of Offenders Act 2011”.

Prosecution of Offences Act 1985 (c. 23)


In section 22(11) of the Prosecution of Offences Act 1985 (time limits in

relation to preliminary stages of criminal proceedings: interpretation), in the

definition of “custody” for the words from “to which” to “Act 1969” substitute

“or youth detention accommodation to which a person is remanded under

section 74 of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”.’.

Mr Jonathan Djanogly

258


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

‘Bail (Amendment) Act 1993 (c. 26)


In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of

appeal against grant of bail: application to children and young persons)—

(a)
for the words from “child” to “Act 1969)” substitute “person under the

age of 18”, and

(b)
in paragraph (b) for the words from “section 23” to “accommodation”

substitute “Chapter 3 of Part 3 of the Legal Aid, Sentencing and

Punishment of Offenders Act 2011 (remands of children otherwise

than on bail)”.’.

Mr Jonathan Djanogly

259


Schedule  11,  page  172,  line  32,  at end insert—

    ‘( )
In section 38(4)(d) (definition of “youth justice services”: placements pursuant

to remands to local authority accommodation) for the words from “or

committed” to “1969 Act”)” substitute “to such accommodation under section

74(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.’.

Mr Jonathan Djanogly

260


Schedule  11,  page  172,  line  34,  after ‘omit’ insert ‘—

(a)
paragraph (i)(iii) (agreements for the provision of accommodation for

detention under section 23(4)(c) of the Children and Young Persons

Public Bill Committee: 8 September 2011
138

Legal Aid, Sentencing and Punishment of , continued

Act 1969 as modified by section 98 of the Crime and Disorder Act

1998), and

(b)
’.

Mr Jonathan Djanogly

261


Schedule  11,  page  172,  line  35,  at end insert—

    ‘( )
In section 57A(3) (use of live link for accused’s attendance at preliminary or

sentencing hearing: interpretation), in paragraph (a) of the definition of

“custody”, for the words from “to which” to “Act 1969” substitute “or youth

detention accommodation to which a person is remanded under section 74 of

the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.’.

Mr Jonathan Djanogly

262


Schedule  11,  page  173,  line  3,  after ‘paragraphs’ insert ‘4,’.

Mr Jonathan Djanogly

263


Schedule  11,  page  173,  line  15,  leave out ‘paragraph’ and insert ‘paragraphs 93(b)

and’.

Mr Jonathan Djanogly

264


Schedule  11,  page  173,  line  32,  at end insert—

‘
The Criminal Justice Act 2003 is amended as follows.


In section 242 (interpretation of provisions about crediting periods of remand

in custody)—

(a)
in subsection (2)(b), for the words from “or committed” to “that

section” substitute “to youth detention accommodation under section

74(4) of the Legal Aid, Sentencing and Punishment of Offenders Act

2011”, and

(b)
omit subsection (3).’.

Mr Jonathan Djanogly

265


Schedule  11,  page  173,  line  33,  leave out ‘to the Criminal Justice Act 2003’.

Mr Jonathan Djanogly

266


Schedule  11,  page  174,  line  15,  at end insert—

‘Policing and Crime Act 2009 (c. 26)


In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009

(detention order for breach of injunction: meaning of youth detention

accommodation) for paragraph (c) substitute—

“(c)
a secure children’s home, as defined by section 85(10) of

the Legal Aid, Sentencing and Punishment of Offenders

Act 2011.”’.



© Parliamentary copyright	Revised 8 September 2011