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| | (a) | in each year publish a strategy designed to promote the just and |
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| | appropriate treatment of women in the criminal justice process, and |
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| | (b) | appoint a person with responsibility for leading and co-ordinating the |
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| | implementation of that strategy. |
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| | (2) | Publication under subsection (1)(a) shall be affected in such manner as the |
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| | Secretary of State considers appropriate for the purpose of bringing the strategy |
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| | to the attention of persons engaged in the administration of criminal justice and |
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| | Restorative justice for victims |
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| To move the following Clause:— |
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| | |
| | (a) | at their first hearing a defendant pleads or has pleaded guilty to an |
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| | (b) | there is an identifiable victim of that offence, |
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| | | the court must remand the defendant, either on bail or in custody, in order that the |
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| | victim shall be offered the opportunity to participate in a process of restorative |
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| | justice involving contact between the offender and any person or persons affected |
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| | |
| | (2) | The court need not remand the defendant, either on bail or in custody, for the |
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| | purpose specified in subsection (1) where it is of the opinion that the offence was |
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| | so serious that this would be inappropriate.’. |
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| | Disclosure of information about convictions etc. of violent abusers to members of the |
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| To move the following Clause:— |
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| | ‘(1) | The responsible authority for each area must, in the course of discharging its |
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| | functions under arrangements established under section 325 of the Criminal |
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| | Justice Act 2003, consider whether to disclose information in its possession about |
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| | the relevant previous convictions of any violent abuser managed by it to any |
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| | person deemed by the authority to be at risk. |
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| | (2) | In the case mentioned in subsection (3) there is a presumption that the responsible |
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| | authority should disclose information in its possession about the relevant |
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| | previous convictions of the offender to the particular member of the public. |
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| | (3) | The case where the responsible authority for the area has reasonable cause to |
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| | (a) | a serial violent abuser managed by it poses a risk in that or any other area |
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| | of causing serious harm to a particular at risk person; and |
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| | (b) | disclosure of information about the relevant previous conviction of the |
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| | offender to the particular member of the public is necessary for the |
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| | purpose of protecting the at risk person from serious harm caused by the |
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| | |
| | (4) | The presumption under subsection (2) arises if the person to whom the |
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| | information is disclosed requests the disclosure. |
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| | (5) | Where the responsible authority makes a disclosure under this section— |
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| | (a) | it may disclose such information about the relevant previous convictions |
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| | of the offender as it considers appropriate to disclose to the member of |
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| | the public concerned, and |
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| | (b) | it may impose conditions for preventing the member of public concerned |
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| | for disclosing the information to any other persons. |
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| | (6) | Any disclosure under this section must be made as soon as is reasonably practical |
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| | having regard to all the circumstances. |
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| | (7) | The responsible authority for each area must compile and maintain a record about |
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| | the decisions it makes in relation to the discharge of its functions under this |
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| | (8) | The record must include the following information— |
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| | (a) | the reasons for making a decision to disclose information under this |
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| | (b) | the reasons for making a decision not to disclose information under this |
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| | (c) | the information which is disclosed under this section, any conditions |
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| | imposed in relation to its further disclosure and the name and address of |
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| | the person to whom it is disclosed. |
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| | (9) | Nothing in this section requires or authorises the making of a disclosure which |
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| | contravenes the Data Protection Act 1998. |
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| | (10) | This section is not to be taken as affecting any power of any person to disclose |
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| | any information about a violent abuser.’. |
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| | Disclosure of information about convictions etc. of violent abusers to members of the |
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| To move the following Clause:— |
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| |
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| | ‘(1) | This section applies for the purposes of section (Disclosure of information about |
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| | convictions etc. of violent abusers to members of the public). |
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| | (2) | “At risk person” means a person deemed by the responsible authority to be at risk |
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| | because of a proximate relationship to a person with a history of violent abuse. |
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| | (3) | “Violent abuse” means any offences falling within the parameters of subsection |
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| | 224 of the Criminal Justice Act 2003 committed against a person with whom the |
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| | offender enjoyed a proximate relationship. |
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| | (4) | “Violent abuse” means any person who— |
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| | (a) | has been convicted of an offence covered by subsection (3); |
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| | (b) | has been found not guilty of such an offence by reason of insanity; |
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| | (c) | has been found to be under a disability and to have done the act charged |
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| | against the person in respect of such an offence; or |
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| | (d) | has been cautioned in respect of such an offence. |
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| | (5) | “Responsible authority” is used in relation to any area, means the chief officer of |
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| | police, the local probation board for that area [or (if there is no local probation |
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| | board for that area) a relevant provider of probation services] and the Minister of |
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| | the Crown exercising functions in relation to prisons, acting jointly. |
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| | (6) | In relation to a responsible authority, references to information about the relevant |
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| | previous convictions of a violent abuser are references to information about— |
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| | (a) | convictions, findings and cautions mentioned in subsection (4)(a) to (d) |
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| | which relate to the offender; and |
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| | (b) | anything under the law of any country or territory outside England and |
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| | Wales which in the opinion of the responsible authority corresponds to |
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| | any conviction, finding or caution with paragraph (a) (however |
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| | (7) | References to serious harm caused by a violent abuser are references to serious |
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| | physical or psychological harm caused by the offender committing any offence |
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| | against another person with whom they enjoy a proximate relationship. |
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| | (8) | References to a proximate relationship are references to a person who is |
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| | associated with the victim as established under section 177(1)(a) of the Housing |
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| | (9) | A responsible authority for any area manages a violent abuser if they offender is |
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| | a person who poses a risk in that area which falls to be managed by the authority |
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| | under the arrangements established by it under section 325 of the Criminal Justice |
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| | |
| | (10) | For the purposes of this section the provisions of section 4 of, and paragraph 3 of |
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| | Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent |
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| | convictions and cautions) are to be disregarded. |
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| | (11) | In this section “cautioned,” in relation to any person and any offence, means— |
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| | (a) | cautioned after the person has admitted the offence; or |
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| | (b) | reprimanded or warned within the meaning given by section 65 of the |
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| | Crime and Disorder Act 1998. |
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| | (12) | Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally |
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| | disordered offenders) apply for the purposes of this section as they apply for the |
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| | purposes of Part 2 of that Act.’. |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to any personal injury claim for whiplash. |
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| | (2) | The onus shall be on the claimant to satisfy the court that there is independent, |
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| | objective evidence that the claimant has suffered harm, and the extent of that |
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| | (3) | No damages shall be recoverable if the only evidence is the subjective description |
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| | of symptoms by, or behalf of, the claimant. |
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| | (4) | There shall be a rebuttable presumption that no harm or injury to the claimant has |
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| | been suffered where either or both of the following conditions applies— |
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| | (a) | the collision giving rise to the accident took place at a relative speed of |
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| | 15 miles per hour or less; |
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| | (b) | there are no musculoskeletal signs of any injury, including fracture and |
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| | |
| | (5) | In this section “whiplash” means a neck injury caused by a sudden movement of |
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| | the head forwards, backwards or sideways.’. |
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| | Road traffic accident pre-action protocol |
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| To move the following Clause:— |
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| | ‘(1) | The Table in Rule 45.29 of the Civil Procedure Rules 1998 (SI 1998/3132) |
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| | (Amount of fixed costs under the Pre-Action Protocol for Low Value Personal |
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| | Injury Claims in Road Traffic Accidents) is amended as follows. |
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| | (2) | The figure for Stage 1 shall be £200. |
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| | (3) | The figure for Stage 2 shall be £400. |
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| | (4) | The figure for Stage 3 for Type A fixed costs shall be £125. |
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| | (5) | The figure for Stage 3 for Type B fixed costs shall be £125. |
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| | (6) | Any further amendment to the Table shall not be made by the Civil Procedure |
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| | Rule Committee but may be made by the Lord Chancellor by rules made by |
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| | statutory instrument and may not be made until a draft of the rules has been laid |
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| | before and approved by resolution of both Houses of Parliament.’. |
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| | Motor insurance risk pricing |
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| To move the following Clause:— |
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| | ‘(1) | In determining whether to provide motor insurance cover, and in setting the |
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| | relevant premium, it shall be unlawful and discriminatory for any insurer to seek |
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| | to isolate the level of risk arising from the incidence of personal injury road traffic |
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| | claims in an area smaller than the standard English region, or Wales, in which the |
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| | applicant for motor insurance resides. |
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| | (2) | Nothing in this section shall prevent an insurer from taking into account in |
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| | determining whether to provide cover, and the relevant premium— |
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| | (a) | the applicant’s personal circumstances, namely their age, occupation, |
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| | and record of claims, accidents, and convictions; or |
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| | (b) | the place where the insured vehicle is to be kept may be taken into |
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| | account only for the purpose of assessing the level of risk of thefts of or |
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| | (3) | An applicant who is disadvantaged by a breach by an insurer of the provisions of |
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| | this section shall be entitled to recover damages.’. |
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| To move the following Schedule:— |
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| | ‘Alcohol Monitoring Requirement |
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| | 1 | The Criminal Justice Act 2003 is amended as follows. |
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| | 2 | In section 177 (community orders)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 3 | In section 182 (licence conditions)— |
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| | (a) | in subsection (1), after paragraph (f), insert— |
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| | “(fa) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 4 | In section 185 (intermittent custody: licence conditions), in subsection (1), |
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| | after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 5 | In section 190 (imposition of requirements by suspended sentence order)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”. |
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| | (c) | in subsection (4), after “an alcohol treatment requirement,”, insert “an |
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| | alcohol monitoring requirement”. |
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| | 6 | In section 238 (power of court to recommend licence conditions), after |
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| | “(1A) | That may include a recommendation that the offender should be |
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| | required to refrain from consuming alcohol, including a |
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| | requirement that the offender submit to testing.”. |
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| | 7 | In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and |
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| | (iii) | a condition requiring the prisoner to refrain from |
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| | consuming alcohol, including a requirement that the |
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| | prisoner must submit to testing.”. |
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| | 8 (1) | Schedule 8 (breach, revocation or amendment of community order) is |
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| | amended in accordance with this paragraph. |
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| | (2) | In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words |
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| | “community order”, insert “, other than a community order imposing an |
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| | alcohol monitoring requirement”. |
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| | (3) | After paragraph 6, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 6A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | (a) | a constable may arrest the offender without warrant, and |
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| | (b) | the responsible officer may cause an information to be laid |
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| | before a justice of the peace in respect of the failure in |
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| | (2) | In relation to any community order which was made by the Crown |
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| | Court and does not include a direction that any failure to comply |
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| | with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 9 (1) | Schedule 12 (breach or amendment of suspended sentence order, and effect of |
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| | further conviction, is amended in accordance with this paragraph. |
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| | (2) | In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended |
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| | sentence order”, insert “, other than an alcohol monitoring requirement”. |
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| | (3) | After paragraph 5, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 5A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | (a) | a constable may arrest the offender without a warrant. |
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| | (b) | and the responsible officer may cause an information to be |
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| | laid before a justice of the peace in repsect of the failure in |
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| |
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| | (2) | In relation to any suspended sentence order which was made by the |
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| | Crown Court and does not include a direction that any failure to |
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| | comply with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 10 | In Schedule 14 (persons to whom copies of requirements to be provided in |
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| | particular cases), after the entry for “an alcohol treatment requirement”, |
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| | Any person specified under section |
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| To move the following Schedule:— |
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| | ‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement |
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| | 1 | The Criminal Justice and Immigration Act 2008 is amended as follows. |
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| | 2 | In section 1 (youth rehabilitation orders), after subsection (1)(n), insert— |
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| | “(na) | an alcohol monitoring requirement (see paragraph 24A of that |
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| | 3 (1) | Schedule 1 (further provision about youth rehabilitation orders) is amended in |
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| | accordance with this paragraph. |
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| | (2) | In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert— |
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| | “(ka) | paragraph 24A(2) (alcohol monitoring requirement), and”. |
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| | (3) | In paragraph 34(4) (provision of copies of orders), after the entry for “an |
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| | intoxicating substance treatment requirement)”, insert— |
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| “An alcohol monitoring requirement |
| Any person specified under |
| | | | | | | |
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| | 4 (1) | Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) |
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| | is amended in accordance with this paragraph. |
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| | (2) | In paragraph 3(1) (duty to give warning), after “youth rehabilitiation order”, |
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| | insert “, other than an order imposing an alcohol monitoring requirement,”. |
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| | (3) | After paragraph 4, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 4A | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | |
| | (a) | a constable may arrest the offender without a warrant, and |
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| | (b) | the responsible officer may cause an information to be laid |
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| | before a justice of the peace in respect of the failure in |
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| | |
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