Session 2010 - 12
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Public Bill Committee: 13 October 2011                  

266

 

Legal Aid, Sentencing and Punishment of , continued

 
 

2E         

In section 146(2) (driving disqualification for any offence) for “section 51A(2)

 

of the Firearms Act 1968” substitute “section 1A(6) of the Prevention of Crime

 

Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(9) of the

 

Criminal Justice Act 1988”.

 

2F  (1)  

Section 164(3) (further interpretative provisions) is amended as follows.

 

      (2)  

After paragraph (a) insert—

 

“(aa)    

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

 

      (3)  

After paragraph (b) insert—

 

“(ba)    

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

 

Mr Jonathan Djanogly

 

402

 

Schedule  16,  page  186,  line  25,  at end insert—

 

‘2G      

The Criminal Justice Act 2003 is amended as follows.

 

2H  (1)  

Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is

 

amended as follows.

 

      (2)  

After “falls to be imposed” insert “under section 1A(6) of the Prevention of

 

Crime Act 1953 (minimum sentence for offence of threatening with offensive

 

weapon in public),”.

 

      (3)  

After “firearms offences),” insert “under section 139AA(9) of the Criminal

 

Justice Act 1988 (minimum sentence for offence of threatening with article

 

with blade or point or offensive weapon),”.’.

 

Mr Jonathan Djanogly

 

403

 

Schedule  16,  page  186,  line  26,  leave out ‘of the Criminal Justice Act 2003’.

 

Mr Jonathan Djanogly

 

404

 

Schedule  16,  page  187,  line  2,  at end insert—

 

‘3A(1)  

Section 150 (community sentence not available where sentence fixed by law

 

etc) is amended as follows.

 

      (2)  

After paragraph (a) insert—

 

“(aa)    

falls to be imposed under section 1A(6) of the Prevention of

 

Crime Act 1953 (minimum sentence for offence of

 

threatening with offensive weapon in public),”.

 

      (3)  

After paragraph (b) insert—

 

“(ba)    

falls to be imposed under section 139AA(9) of the Criminal

 

Justice Act 1988 (minimum sentence for offence of

 

threatening with article with blade or point or offensive

 

weapon),”.

 

3B         

In section 152(1)(b) (general restrictions on imposing discretionary custodial

 

sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),”

 

substitute “under section 1A(6) of the Prevention of Crime Act 1953, under

 

section 51A(2) of the Firearms Act 1968, under section 139AA(9) of the

 

Criminal Justice Act 1988,”.

 

3C         

In section 153(2) (length of discretionary custodial sentences: general

 

provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” substitute

 

“section 1A(6) of the Prevention of Crime Act 1953, section 51A(2) of the

 

Firearms Act 1968, section 139AA(9) of the Criminal Justice Act 1988,”.

 

3D  (1)  

Section 305(4) (interpretation of Part 12) is amended as follows.

 

      (2)  

Before paragraph (a) insert—


 
 

Public Bill Committee: 13 October 2011                  

267

 

Legal Aid, Sentencing and Punishment of , continued

 
 

“(za)    

a sentence falls to be imposed under subsection (6) of section

 

1A of the Prevention of Crime Act 1953 if it is required by that

 

subsection and the court is not of the opinion there

 

mentioned,”.

 

      (3)  

After paragraph (a) insert—

 

“(aa)    

a sentence falls to be imposed under subsection (9) of section

 

139AA of the Criminal Justice Act 1988 if it is required by

 

that subsection and the court is not of the opinion there

 

mentioned,”.

 

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—


 
 

Public Bill Committee: 13 October 2011                  

268

 

Legal Aid, Sentencing and Punishment of , continued

 
 

“(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,”.

 

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


 
 

Public Bill Committee: 13 October 2011                  

269

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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

 

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

 


 

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: 13 October 2011                  

270

 

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: 13 October 2011                  

271

 

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: 13 October 2011                  

272

 

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—


 
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