House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15 September 2011
184

Legal Aid, Sentencing and Punishment of , continued

“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.”,’.

Helen Goodman

309

Page  43,  line  39,  leave out Clause 58.

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’.

Helen Goodman

310

Clause  59,  page  44,  line  31,  leave out ‘subsections (4) and’ and insert ‘subsection’.

Public Bill Committee: 15 September 2011
185

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

311

Clause  59,  page  44,  line  34,  leave out paragraph (a).

Helen Goodman

312

Clause  59,  page  44,  line  40,  at end insert—

‘(5A)
After subsection (7) insert—

“(8)
The probation trust for each area must—

(a)
make provision for the availability of programmes appropriate

for offenders of varying levels of intellectual ability and

understanding, and

(b)
ensure that the content and style of the programme in which an

offender participates is appropriate to the intellectual ability and

understanding of the individual offender.

(9)
A public body imposing an order as laid out in this section shall have a

duty to take all reasonable steps to ensure that the terms and requirements

of the order are understood by the recipient of that order.”.’.

Helen Goodman

313

Clause  60,  page  45,  line  4,  leave out subsection (2).

Helen Goodman

314

Clause  60,  page  45,  line  7,  at end insert—

‘(4)
After subsection (6) insert—

“(7)
Before making a relevant order imposing a curfew requirement, the court

must obtain and consider information about any risk of physical or

mental injury by or to the offender or an associated person which may be

caused or increased by the imposition of a curfew requirement.

(8)
In subsection (7) “associated person” means a person who is associated

with the defendant within the meaning of section 62 of the Family Law

Act 1996.”.’.

Mr Elfyn Llwyd

271

Page  45,  line  1,  leave out Clause 60.

Public Bill Committee: 15 September 2011
186

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

328

Clause  63,  page  46,  line  17,  at end insert—

‘(a)
In section 209 of the Criminal Justice Act 2003 (drug rehabilitation

requirements) omit paragraph (d) of subsection (2).’.

Helen Goodman

329

Clause  64,  page  46,  line  21,  at end insert—

‘(2)
In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement)

omit subsection (3).’.

Mr Elfyn Llwyd

273

Clause  66,  page  49,  line  31,  leave out from ‘(5)’ to ‘House’ 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’.

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)—

Public Bill Committee: 15 September 2011
187

Legal Aid, Sentencing and Punishment of , continued

“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.”

( )
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 Andy Slaughter

345

Clause  67,  page  50,  line  1,  leave out subsection (2).

Mr Andy Slaughter

346

Clause  67,  page  50,  line  4,  at end add—

‘(4)
After sub-paragraph (4) insert—

“(5)
Before making a relevant order imposing a curfew requirement, the court

must obtain and consider information about any risk of physical or

mental injury by or to the offender or an associated person which may be

caused or increased by the imposition of a curfew requirement.

(6)
In sub-paragraph (5) “associated person” means a person who is

associated with the defendant within the meaning of section 62 of the

Family Law Act 1996.’.

Mr Elfyn Llwyd

Mr Andy Slaughter

272

Page  49,  line  44,  leave out Clause 67.

Mr Andy Slaughter

331

Page  50,  line  5,  leave out Clause 68.

Mr Elfyn Llwyd

274

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

Public Bill Committee: 15 September 2011
188

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

332

Clause  69,  page  51,  line  1,  leave out ‘subject to that, may’ and insert ‘may not’.

Mr Elfyn Llwyd

275

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

Mr Andy Slaughter

333

Clause  69,  page  51,  line  22,  leave out ‘subject to that, may’ and insert ‘may not’.

Mr Elfyn Llwyd

276

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

Mr Andy Slaughter

334

Clause  69,  page  51,  line  43,  leave out ‘subject to that, may’ and insert ‘may not’.

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 Andy Slaughter

336

Page  52,  line  22,  leave out Clause 70.

Mr Elfyn Llwyd

282

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

Mr Elfyn Llwyd

283

Schedule  10,  page  166,  leave out line 14.

Public Bill Committee: 15 September 2011
189

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

284

Schedule  10,  page  166,  leave out line 42.

Helen Goodman

317

Schedule  10,  page  167,  line  3,  leave out sub-paragraph (1)(c).

Mr Elfyn Llwyd

285

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

2(1) (a) and (b)’.

Helen Goodman

318

Schedule  10,  page  167,  line  7,  leave out sub-paragraphs (2)(a) and (2)(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’.

Helen Goodman

319

Schedule  10,  page  167,  line  28,  leave out ‘an associated person’ and insert ‘any

person other than the defendant’.

Helen Goodman

320

Schedule  10,  page  167,  line  29,  leave out ‘an associated person’ and insert ‘any

person other than the defendant’.

Helen Goodman

321

Schedule  10,  page  167,  line  30,  leave out sub-paragraph (2).

Helen Goodman

322

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

Mr Elfyn Llwyd

289

Schedule  10,  page  168,  leave out line 26.

Public Bill Committee: 15 September 2011
190

Legal Aid, Sentencing and Punishment of , continued

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 ‘injury’ to end of line 4 on page 169

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

Helen Goodman

323

Schedule  10,  page  168,  line  41,  leave out from beginning to end of line 4 on page

169 and insert—

‘(2)
in sub-paragraph (a) omit “or” and omit sub-paragraph (b).’.

Mr Elfyn Llwyd

Helen Goodman

315

Schedule  10,  page  169,  line  7,  leave out paragraph 25.

Mr Elfyn Llwyd

Helen Goodman

316

Schedule  10,  page  169,  line  12,  leave out paragraph 26.

Mr Elfyn Llwyd

294

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

person other than the defendant’.

Helen Goodman

326

Schedule  10,  page  169,  line  28,  leave out from ‘for’ to end of line 33 and insert

‘any person other than the defendant’.

Helen Goodman

349

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

Criminal Justice Act 2003

‘(30)
In subsection (2) of section 16 of the Criminal Justice Act 2003, after

“concerned”, insert “or the Crown, Crown Prosecution Service or Attorney

General”.’.

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



© Parliamentary copyright	Revised 15 September 2011