House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

73

House of Commons

Thursday 13 October 2011

Public Bill Committee Proceedings

Legal Aid, Sentencing and Punishment of

Offenders Bill

[SEVENTEENTH AND EIGHTEENTH Sittings]

Helen Goodman

Withdrawn  412

Clause  103,  page  81,  line  1,  leave out ‘may’ and insert ‘shall’.

Helen Goodman

Not called  413

Clause  103,  page  81,  line  4,  at end insert—

‘(aa)
for making payments for the benefit of any dependants of the offender;’.

Mr Jonathan Djanogly

Agreed to  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

Agreed to  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”.’.

Clause, as amended, Agreed to.

Clause 104 Agreed to.

Helen Goodman

Withdrawn  414

Clause  105,  page  85,  line  38,  at end insert—

Public Bill Committee Proceedings: 13 October 2011
74

Legal Aid, Sentencing and Punishment of , continued

‘(3)

(a)
The Secretary of State shall not exercise his powers under sections 6A,

6B and 6C of the Repatriation of Prisoners Act 1984 unless he makes a

declaration that any person transited under these sections is not at risk of

execution, torture or persecution.

(b)
A declaration must be in writing and be published in such a manner as the

Secretary of State considers appropriate.’.

Clause Agreed to.

Clause 106 Agreed to.

Helen Goodman

Negatived on division  426

Schedule  14,  page  178,  line  1,  leave out subsections (4) and (5).

Helen Goodman

Not called  427

Schedule  14,  page  178,  leave out lines 7 to 17 and insert ‘““approved educational

course” means and educational course run by the Probation service””.’.

Helen Goodman

Not moved  421

Schedule  14,  page  178,  line  36,  leave out subsection (1).

Helen Goodman

Not moved  422

Schedule  14,  page  178,  line  43,  leave out sub-paragraph (b).

Helen Goodman

Not moved  423

Schedule  14,  page  179,  line  3,  leave out subsections (3) and (4).

Schedule Agreed to.

Clause 107 Agreed to on division.

Helen Goodman

Withdrawn  428

Clause  108,  page  87,  line  16,  at end add—

‘(c)
the Secretary of State shall make a declaration that any offender

repatriated under this section is not at risk of torture or persecution.’.

Clause Agreed to.

Public Bill Committee Proceedings: 13 October 2011
75

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

Withdrawn  337

Clause  109,  page  87,  leave out lines 24 to 30 and insert—

‘(1)
A constable may give a child or young person (“Y”) a caution under this section

(“a youth caution”) where the following requirements are satisfied—

(a)
the first requirement is that the constable has evidence that the young

offender has committed an offence, and

(b)
the second requirement is that a relevant prosecutor decides—

(i)
that there is sufficient evidence to charge the young offender

with the offence, and

(ii)
that a caution should be given to the young offender in respect of

the offence,

(c)
the third requirement is that the young offender admits to the constable

in the presence of an appropriate adult that he committed the offence,

(d)
the fourth requirement is that the authorised person explains the effect of

the caution to the young offender in the presence of an appropriate adult,

including the fact that it will appear on a Criminal Records Bureau

check’.

Mr Elfyn Llwyd

Withdrawn  350

Clause  109,  page  87,  line  24,  leave out ‘child or young person’ and insert ‘person

under the age of 21’.

Mr Andy Slaughter

Not called  347

Clause  109,  page  87,  line  31,  leave out ‘17’ and insert ‘18’.

Mr Andy Slaughter

Not called  348

Clause  109,  page  87,  line  37,  leave out ‘17’ and insert ‘18’.

Mr Elfyn Llwyd

Not called  351

Clause  109,  page  88,  line  11,  leave out ‘child or young person’ and insert ‘person

under the age of 21’.

Mr Andy Slaughter

Not called  338

Clause  109,  page  88,  line  21,  at end add—

‘(8)
In this Chapter “relevant prosecutor” has the meaning set out in section 27 of the

Criminal Justice Act 2003’.

Mr Elfyn Llwyd

Not called  352

Clause  109,  page  88,  line  24,  after ‘team’, insert ‘or probation trust’.

Mr Elfyn Llwyd

Not called  353

Clause  109,  page  88,  line  26,  after ‘team’, insert ‘or probation trust’.

Public Bill Committee Proceedings: 13 October 2011
76

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

Not called  354

Clause  109,  page  88,  line  32,  after ‘team’, insert ‘or probation trust’.

Mr Andy Slaughter

Not called  339

Clause  109,  page  88,  line  43,  leave out paragraphs (5) and (6).

Mr Elfyn Llwyd

Not called  355

Clause  109,  page  89,  line  28,  after ‘team’, insert ‘or probation trust’.

Clause Agreed to.

Schedule 15 Agreed to.

Clause 110 Agreed to.

Mr Elfyn Llwyd

Not called  356

Clause  111,  page  89,  line  43,  after ‘team’, insert ‘or probation trust’.

Clause Agreed to.

Mr Andy Slaughter

Not selected  335

Page  90,  line  1,  leave out Clause 112.

Clause Agreed to on division.

Mr Jonathan Djanogly

Agreed to  389

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

Mr Jonathan Djanogly

Agreed to  390

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

Public Bill Committee Proceedings: 13 October 2011
77

Legal Aid, Sentencing and Punishment of , continued

Nick de Bois

Priti Patel

Bob Stewart

Tracey Crouch

Mr Andrew Turner

Bob Blackman

Heather Wheeler

Justin Tomlinson

Andrew Bingham

Mike Freer

Mr Lee Scott

Caroline Nokes

Lorraine Fullbrook

Pauline Latham

Alun Cairns

Guto Bebb

Chris Heaton-Harris

Mr Graham Brady

Mr Marcus Jones

Nigel Mills

Paul Uppal

Mr Mark Field

Julian Smith

Kris Hopkins

Gavin Williamson

Neil Parrish

Robert Halfon

Christopher Pincher

Julian Sturdy

Mr Brian Binley

Gavin Barwell

Mike Weatherley

Mrs Anne Main

David Mowat

Sheryll Murray

Patrick Mercer

Not selected  194

Clause  113,  page  91,  line  3,  leave out ‘aged 18 or over’.

Nick de Bois

Priti Patel

Bob Stewart

Tracey Crouch

Mr Andrew Turner

Bob Blackman

Heather Wheeler

Justin Tomlinson

Andrew Bingham

Mike Freer

Mr Lee Scott

Caroline Nokes

Lorraine Fullbrook

Pauline Latham

Alun Cairns

Guto Bebb

Chris Heaton-Harris

Mr Graham Brady

Mr Marcus Jones

Nigel Mills

Paul Uppal

Mr Mark Field

Julian Smith

Kris Hopkins

Gavin Williamson

Neil Parrish

Robert Halfon

Christopher Pincher

Julian Sturdy

Mr Brian Binley

Gavin Barwell

Mike Weatherley

Mrs Anne Main

David Mowat

Sheryll Murray

Patrick Mercer

Not selected  195

Clause  113,  page  91,  line  4,  after ‘imprisonment’, insert ‘and where a person is

aged 18 or over the court must impose a sentence of imprisonment’.

Mr Jonathan Djanogly

Agreed to  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

Agreed to  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.”’.

Public Bill Committee Proceedings: 13 October 2011
78

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

Agreed to  393

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

Mr Jonathan Djanogly

Agreed to  394

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

Mr Jonathan Djanogly

Agreed to  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

Agreed to  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.”’.

Clause, as amended, Agreed to.

Mr Jonathan Djanogly

Agreed to  397

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

Mr Jonathan Djanogly

Agreed to  398

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

‘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”.’.

Public Bill Committee Proceedings: 13 October 2011
79

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

Agreed to  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

Agreed to  400

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

Mr Jonathan Djanogly

Agreed to  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—

“26A
An offence under section 139AA of that Act (threatening with

article with blade or point or offensive weapon).”

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

2B
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

2C
In section 12(1) (absolute and conditional discharge) 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”.

2D
In section 130(2) (compensation orders against convicted persons) 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”.



© Parliamentary copyright	Revised 14 October 2011