House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 11 October 2011
244

Legal Aid, Sentencing and Punishment of , continued

Armed Forces Act 2006 (c. 52)

3E
The Armed Forces Act 2006 is amended as follows.

3F
After section 227 (firearms offences) insert—

“227A
Offences of threatening with a weapon in public or on school premises

(1)
This section applies if—

(a)
a person aged 18 or over is convicted by a court of an offence

under section 42 (criminal conduct); and

(b)
the corresponding offence under the law of England and

Wales is an offence under section 1A of the Prevention of

Crime Act 1953 or section 139AA of the Criminal Justice Act

1988 (threatening with article with blade or point or offensive

weapon in public or on school premises).

(2)
The court must impose a sentence of imprisonment for a term of at

least 6 months unless the court is of the opinion that there are

particular circumstances which—

(a)
relate to the offence or to the offender, and

(b)
would make it unjust to do so in all the circumstances.

(3)
In relation to times before the coming into force of section 61 of the

Criminal Justice and Court Services Act 2000, the reference in

subsection (2) to a sentence of imprisonment, in relation to an offender

aged under 21 at the time of conviction, is to be read as a reference to

a sentence of detention in a young offender institution.”

3G
In section 237(3) (duty to have regard to purposes of sentencing etc) after

paragraph (b) insert “;

(c)
an offence the sentence for which falls to be imposed under

section 227A(2).”

3H
In section 239 (reduction in sentences for guilty pleas) at the end insert—

“(6)
Nothing in section 227A(2) prevents the court, after taking into

account any matter mentioned in subsection (2) of this section, from

imposing any sentence which is at least 80% of that specified in

section 227A(2).”

3I
In section 260(1)(b) (discretionary custodial sentences: general restrictions)

for “227” substitute “227A”.

3J
In section 261(3) (length of discretionary custodial sentences: general

provision) for “and 227” substitute “, 227 and 227A”.

3K
In section 273(6)(b) (review of unduly lenient sentence by Court Martial

Appeal Court) for “or 227” substitute “, 227 or 227A”.

3L  (1)
Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.

      (2)
After sub-paragraph (r) insert—

“(ra)
an offence under section 1A of the Prevention of Crime Act

1953 (threatening with weapon in public);”.

      (3)
In paragraph (ai)—

(a)
after “134” insert “, 139AA”;

(b)
after “torture,” insert “threatening with article with blade or point or

offensive weapon,”.

Public Bill Committee: 11 October 2011
245

Legal Aid, Sentencing and Punishment of , continued

Coroners and Justice Act 2009 (c. 25)

3M  (1)
Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:

duty of court) is amended as follows.

      (2)
After paragraph (e) insert—

“(ea)
section 1A(6) of the Prevention of Crime Act 1953 (minimum

sentence for offence of threatening with offensive weapon in

public);”.

      (3)
After paragraph (f) insert—

“(fa)
section 139AA(9) of the Criminal Justice Act 1988 (minimum

sentence for offence of threatening with article with blade or

point or offensive weapon);”.’.

Remaining new clauses

Consequential amendments to the Armed Forces Act 2006

Mr Jonathan Djanogly

NC4

To move the following Clause:—

‘(1)
Section 182 of the Armed Forces Act 2006 (general provisions about overseas

community orders) is amended as follows.

(2)
In subsection (1)(a) (requirements that may be imposed by overseas community

orders), after “Act)” insert “(but see subsection (1A) below)”.

(3)
After subsection (1) insert—

“(1A)
The order may not include a requirement mentioned in section 177(1)(ga)

(a foreign travel prohibition requirement).”

(4)
In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act

2003 to overseas community orders), after “(5)” insert “, (5A), (5B)”.

(5)
In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service

community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal

Justice Act 2003 that do not apply to such orders), after “18(4),” insert “19A(5),”.

(6)
In Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas

community orders), in paragraph 10(2) (provisions of Schedule 8 to the Criminal

Justice Act 2003 that do not apply to such orders), after “19,” insert “19A(5),”.

(7)
In Schedule 6 to that Act (overseas community orders imposed on young

offenders), in paragraph 5 (modification of drug rehabilitation requirement in

relation to such offenders), omit sub-paragraph (4) (which disapplies section

209(3) of the Criminal Justice Act 2003).’.

Public Bill Committee: 11 October 2011
246

Legal Aid, Sentencing and Punishment of , continued

Causing serious injury by dangerous driving

Mr Jonathan Djanogly

NC15

To move the following Clause:—

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

(2)
After section 1 insert—

“1A
Causing serious injury by dangerous driving

(1)
A person who causes serious injury to another person by driving a

mechanically propelled vehicle dangerously on a road or other public

place is guilty of an offence.

(2)
In this section “serious injury” means—

(a)
in England and Wales, physical harm which amounts to grievous

bodily harm for the purposes of the Offences against the Person

Act 1861, and

(b)
in Scotland, severe physical injury.”

(3)
In section 2A (meaning of dangerous driving) in subsections (1) and (2) after

“sections 1” insert “, 1A”.

(4)
Section 1A inserted by subsection (2) has effect only in relation to driving

occurring after that subsection comes into force.

(5)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

punishment of offences under the Traffic Acts) in the appropriate place insert—

“RTA
Causing
(a)
(a)
Obligatory.
Obligatory.
3-11.”

section 1A
serious
Summarily.
12 months or

injury by

the statutory

dangerous

maximum or

driving.

both.

(b) On
(b)

indictment.
5 years or a

fine or both.

(6)
In the entry inserted by subsection (5), in relation to an offence committed before

the commencement of section 154(1) of the Criminal Justice Act 2003 “12

months” is to be read as “6 months (in England and Wales) or 12 months (in

Scotland)”.

(7)
Schedule [Causing serious injury by dangerous driving] (causing serious injury

by dangerous driving) has effect.’.

Public Bill Committee: 11 October 2011
247

Legal Aid, Sentencing and Punishment of , continued

Maximum and minimum sentences

Mr Elfyn Llwyd

NC6

To move the following Clause:—

‘(1)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the maximum time that shall be served.

(2)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the minimum time that shall be served.

(3)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the minimum term must be less than half the maximum

sentence but no less than one-third of that sentence.

(4)
In determining the maximum and minimum sentence the court shall have regard

to the seriousness of the offence.

(5)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court may request a pre-sentence report from a suitably qualified

employee of the relevant Probation Trust.

(6)
In this Act “a sentence of imprisonment for a determinate term” covers the types

of sentence listed under section 237(1)(a) and (b) of the Criminal Justice Act

2003.’.

Establishment of a Compensation Fund

Helen Goodman

NC7

To move the following Clause:—

‘The Secretary of State shall establish a fund for compensation.’.

Functions of the Compensation Fund

Helen Goodman

NC8

To move the following Clause:—

‘The Secretary of State shall make regulations for the functioning of a

compensation fund.’.

Public Bill Committee: 11 October 2011
248

Legal Aid, Sentencing and Punishment of , continued

Duty to consider dependents when sentencing

Helen Goodman

NC9

To move the following Clause:—

‘A court passing sentence on an offender has the duty to consider the impact of

the sentence on any child or other dependent in the care of the offender where the

sentence is

(a)
a custodial sentence,

(b)
a fine,

(c)
a community order.’.

Sentencing law relating to extended supervision

Mr Elfyn Llwyd

NC10

To move the following Clause:—

‘(1)
The Criminal Justice Act 2003 is amended as follows.

(2)
After section 227 (2)(b) insert—

“(c)
In determining whether to impose extended supervision a court

shall have regard to the seriousness of the original offence, any

psychological or psychiatric assessment that is carried out

following the commission of the original offence and any

subsequent psychological or psychiatric assessments and the

likelihood of the person being involved in further similar serious

offending.”.’.

Sentencing law relating to early release of those serving determinate sentences

Mr Elfyn Llwyd

NC11

To move the following Clause:—

‘(1)
The Criminal Justice Act 2003 is amended as follows.

(2)
After section 227 (2)(b) insert—

“(e)
Before releasing a person sentenced to a period of imprisonment

of four years or more the Parole Board must be satisfied that the

individual is considered low risk of harm to the public and low

risk of reoffending.”.’.

Public Bill Committee: 11 October 2011
249

Legal Aid, Sentencing and Punishment of , continued

Remaining New Schedules

Mr Jonathan Djanogly

NS1

To move the following Schedule:—

‘Causing serious injury by dangerous driving

Road Traffic Act 1988 (c. 52)

1
In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to

3 for authorised motoring events) after “sections 1,” insert “1A,”.

Road Traffic Offenders Act 1988 (c. 53)

2
The Road Traffic Offenders Act 1988 is amended as follows.

3
In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—

“(aa)
an offence under section 1A of that Act (causing serious

injury by dangerous driving),”.

4    (1)
Section 24 (alternative verdicts: general) is amended as follows.

      (2)
In subsection (A2) after paragraph (a) insert—

“(aa)
an offence under section 1A of that Act (causing serious

injury by dangerous driving),”.

      (3)
In the table in subsection (1) in the appropriate place insert—

“Section 1A (causing serious
Section 2 (dangerous driving)

injury by dangerous driving)

Section 3 (careless, and

inconsiderate, driving)”.

5
In section 34(4) (disqualification for certain offences) after paragraph (a)(ii)

and the “or” after it insert—

“(iia)
an offence under section 1A of that Act (causing

serious injury by dangerous driving), or”.

6
In section 36(2)(b) (disqualification until test is passed) after “(causing death

by dangerous driving)” insert “, section 1A (causing serious injury by

dangerous driving)”.

7
In section 45(6) (effect of endorsement of counterparts) (until its repeal by the

Road Safety Act 2006 comes into force)—

(a)
after “section 1” insert “, 1A”;

(b)
after “causing death by dangerous driving” insert “, causing serious

injury by dangerous driving”.

8
In section 45A(4) (effect of endorsement of driving records) as substituted by

the Road Safety Act 2006—

(a)
after “section 1” insert “, 1A”;

(b)
after “causing death by dangerous driving” insert “, causing serious

injury by dangerous driving”.

9
In the table in Schedule 1 (application of provisions including sections 11 and

12(1): evidence as to driver and proof of identity) in the appropriate place

insert—

Public Bill Committee: 11 October 2011
250

Legal Aid, Sentencing and Punishment of , continued

“RTA section 1A
Causing serious injury by
Sections 11 and

dangerous driving.
12(1) of this Act.”

Crime (International Co-operation) Act 2003 (c. 32)

10
In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act

2003 (application of duty to give notice to foreign authorities of driving

disqualification of a non-UK resident) after sub-paragraph (a) insert—

“(aa)
section 1A (causing serious injury by dangerous driving)”.

Armed Forces Act 2006 (c. 52)

11
In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2

offences”)—

(a)
after “section 1,” insert “1A,”;

(b)
after “causing death by dangerous driving,” insert “causing serious

injury by dangerous driving,”.’.

Mr Jonathan Djanogly

NS2

To move the following Schedule:—

SCHEDULE

Section 92

Crediting of time in custody: Armed Forces amendments

1
The Armed Forces Act 2006 is amended as follows.

2
In section 246 (crediting of time in service custody: terms of imprisonment and

detention), for subsections (2) to (5) substitute—

“(2)
The number of days for which the offender was kept in service custody

in connection with the offence in question or any related offence since

being so charged is to count as time served by the offender as part of

the sentence.


But this is subject to subsections (2A) to (2C).

(2A)
If, on any day on which the offender was kept in service custody, the

offender was also detained in connection with any other matter, that

day is not to count as time served.

(2B)
A day counts as time served—

(a)
in relation to only one sentence, and

(b)
only once in relation to that sentence.

(2C)
A day is not to count as time served as part of any period of 28 days

served by the offender before automatic release (see section 255B(1)

of the 2003 Act).”

3    (1)
Section 247 (crediting of time in service custody: supplementary) is amended

as follows.



© Parliamentary copyright	Revised 11 October 2011