|
| |
| | |
| | |
| |
| | | (4) | In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or |
|
| | | |
| | |
| | AMENDMENTS TO PARTS 3 AND 4 |
|
| | |
| | |
| | | |
| | Page 39, line 30 [Clause 54], at end insert— |
|
| | | ‘(3A) | The court has a duty when passing a sentence of imprisonment for a term not |
|
| | | exceeding six months only to pass said sentence where the court considers that no |
|
| | | other method of dealing with the person is appropriate and must— |
|
| | | (a) | state its reasons for the opinion that no other method of dealing with the |
|
| | | person is appropriate, and |
|
| | | (b) | have those reasons entered in the record of the proceedings.’. |
|
| | |
| | |
| | | |
| | Page 47, line 36 [Clause 65], at end insert— |
|
| | | ‘( ) | In section 322 of that Act (financial penalty enforcement orders), in the definition |
|
| | | of “financial penalty” in subsection (4), after “including” insert “a fine imposed |
|
| | | by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of |
|
| | | Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5 |
|
| | | (breach etc of overseas community order) or”.’. |
|
| | |
| | |
| | | |
| | Page 48, line 2 [Clause 65], at end insert— |
|
| | | ‘( ) | Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas |
|
| | | community orders) is amended as follows.’. |
|
| | |
| | | |
| | Page 48, line 3 [Clause 65], leave out from ‘In’ to ‘paragraph’ in line 4. |
|
| | |
| | | |
| | Page 48, line 6 [Clause 65], at end insert— |
|
| | | ‘( ) | After paragraph 14 insert— |
|
| | | “14A (1) | The following provisions apply where the Court Martial or the Service |
|
| | | Civilian Court imposes a fine under paragraph 10(1)(aa) of that |
|
| | | Schedule as applied by this Part of this Schedule. |
|
|
| |
| | |
| | |
| |
| | | (2) | Section 251 of this Act (power to order payment of fine by |
|
| | | instalments) applies in relation to the fine as it applies in relation to a |
|
| | | fine imposed by a court for a service offence. |
|
| | | (3) | Where the offender is aged under 18 when the fine is imposed and has |
|
| | | a service parent or service guardian (within the meaning of section 268 |
|
| | | of this Act), subsections (2) to (4) of that section (payment of fine by |
|
| | | service parent or service guardian) apply in relation to the fine as they |
|
| | | apply in relation to a fine imposed in the circumstances mentioned in |
|
| | | subsection (1) of that section. |
|
| | | (4) | In the application of subsection (2) of section 268 by virtue of sub- |
|
| | | paragraph (3) of this paragraph, the reference in that subsection to the |
|
| | | time of conviction is to be read as a reference to the time the fine is |
|
| | | |
| | | (5) | Section 269(2) of this Act (power of court to make financial statement |
|
| | | order before making order under section 268) does not apply in |
|
| | | relation to an order under section 268 which is made by virtue of sub- |
|
| | | paragraph (3) of this paragraph.”’. |
|
| | |
| | |
| | | |
| | Page 52, line 22, leave out Clause 68. |
|
| | |
| | |
| | | |
| | Page 58, line 16 [Clause 77], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
| | |
| | | |
| | Page 59, line 17 [Clause 78], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
| | |
| | | |
| | Page 61, line 25 [Clause 81], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 62, line 21 [Clause 82], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
| | |
| | | |
| | Page 63, line 41 [Clause 83], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
| | |
| | | |
| | Page 64, line 38 [Clause 84], leave out ‘twelve’ and insert ‘fourteen’. |
|
| | |
| | |
| | | |
| | Page 75, line 16 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
|
| | Act 2000’ and insert ‘Sentencing Act’. |
|
| | |
| | | |
| | Page 75, line 19 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
|
| | Act 2000)’ and insert ‘Sentencing Act)’. |
|
| | |
| | | |
| | Page 75, line 37 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
|
| | |
| | | |
| | Page 75, line 39 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
|
| | |
| | |
| | | |
| | Page 76, line 32 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
|
| | |
| | | |
| | Page 76, line 34 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 79, line 39 [Clause 98], at end insert— |
|
| | | ‘( ) | In section 256(1) (review by the Board)— |
|
| | | (a) | for “recommend” substitute “direct”; |
|
| | | (b) | for “recommendation” substitute “direction”. |
|
| | | ( ) | In section 256A (further review)— |
|
| | | (a) | in subsection (4)(a), for “recommending” substitute “directing”; |
|
| | | (b) | in subsection (4)(c), for “recommendation” substitute “direction”; |
|
| | | (c) | in subsection (5), for “recommendation” (in both places) substitute |
|
| | | |
| | |
| | |
| | | |
| | Page 86, line 5 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 86, line 25 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 86, line 30 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 86 [Clause 104], leave out lines 41 and 42. |
|
| | |
| | |
| | | |
| | Page 87, line 12 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 87, line 27 [Clause 105], after ‘6B’ insert ‘, 6BA’. |
|
| | |
| | | |
| | Page 87, line 30 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 87, line 33 [Clause 105], leave out ‘transported’ and insert ‘taken’. |
|
| | |
| | | |
| | Page 87, line 33 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 87, line 37 [Clause 105], at end insert— |
|
| | | ‘(a) | the Scottish Ministers, in a case where it is proposed that the person who |
|
| | | is the subject of a request under subsection (1)(b) will, whilst in transit— |
|
| | | (i) | be present only in Scotland, or |
|
| | | (ii) | arrive in Scotland before being taken to another part of Great |
|
| | | |
| | |
| | | |
| | Page 87 [Clause 105], leave out lines 38 to 41. |
|
| | |
| | | |
| | Page 87 [Clause 105], leave out lines 43 and 44. |
|
| | |
| | | |
| | Page 87, line 45 [Clause 105], leave out ‘section 6B’ and insert ‘sections 6B and |
|
| | |
| | |
| | |
| | | |
| | Page 88, line 1 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 88, line 2 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 88, line 13 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 88, line 17 [Clause 105], at end insert— |
|
| | | ‘(5A) | A constable may search a person who is the subject of a transit order, and any item |
|
| | | in the possession of that person, for any item which that person might use— |
|
| | | (a) | to cause physical injury to that person or to any other person; or |
|
| | | (b) | to assist that person to escape from detention. |
|
| | | (5B) | The power conferred by subsection (5A) does not authorise a constable to require |
|
| | | a person to remove any clothing other than an outer coat, jacket, headgear or |
|
| | | |
| | | (5C) | The power conferred by subsection (5A) includes power to use reasonable force |
|
| | | |
| | | (5D) | A constable searching a person in the exercise of the power conferred by |
|
| | | subsection (5A) may seize any item found if the constable has reasonable grounds |
|
| | | for believing that the person searched might use the item — |
|
| | | (a) | to cause physical injury to that person or to any other person; or |
|
| | | (b) | to assist that person to escape from detention. |
|
| | | (5E) | Any item seized from a person under subsection (5D) may be retained while that |
|
| | | |
| | |
| | | |
| | Page 88 [Clause 105], leave out lines 18 to 22 insert— |
|
| | | ‘(6) | In this section “constable” means— |
|
| | | (a) | any person who is a constable in any part of Great Britain or who has, |
|
| | | under any enactment (including subsection (4) above), the powers of a |
|
| | | constable in any part of Great Britain, or |
|
| | | (b) | any person who is a prison officer within the meaning of section 117(1) |
|
| | | of the Criminal Justice and Public Order Act 1994. |
|
| | | (7) | A person who is a constable by virtue of subsection (6)(a) has, for the purposes |
|
| | | of section 6A, this section and section 6BA, all the powers, authority, protection |
|
| | | and privileges of a constable in any part of Great Britain in which a person who |
|
| | | is the subject of a transit order is for the time being.’. |
|
| | |
| | | |
| | Page 88, line 22 [Clause 105], at end insert— |
|
| | | ‘6BA | Transit through different parts of Great Britain |
|
| | | (1) | Where the Scottish Ministers issue a transit order and it is proposed that the |
|
| | | person who is the subject of the order will be taken to a part of Great Britain other |
|
| | | than Scotland whilst in transit, they must notify the Secretary of State. |
|
| | | (2) | The Scottish Ministers need not notify the Secretary of State where the Secretary |
|
| | | of State has agreed in writing to the transit order. |
|
| | | (3) | Unless the Secretary of State agrees in writing to the transit order, that order |
|
| | | authorises the detention of the person subject to it in Scotland only. |
|
| | | (4) | But where the person escapes or is unlawfully at large, the order also authorises— |
|
| | | (a) | the arrest of the person under section 6B(5) in a part of Great Britain other |
|
| | | |
| | | (b) | the detention of the person in that part by a constable (within the meaning |
|
| | | of that section) for the purpose of taking the person to Scotland. |
|
|
| |
| | |
| | |
| |
| | | (5) | Where the Secretary of State issues a transit order and it is proposed that the |
|
| | | person who is the subject of the order will be taken to Scotland whilst in transit, |
|
| | | the Secretary of State must notify the Scottish Ministers. |
|
| | | (6) | The Secretary of State need not notify the Scottish Ministers where the Scottish |
|
| | | Ministers have agreed in writing to the transit order. |
|
| | | (7) | Unless the Scottish Ministers agree in writing to the transit order, that order |
|
| | | authorises the detention of the person subject to it only in a part of Great Britain |
|
| | | |
| | | (8) | But where the person escapes or is unlawfully at large, the order also authorises— |
|
| | | (a) | the arrest of the person under section 6B(5) in Scotland, and |
|
| | | (b) | the detention of the person in Scotland by a constable (within the |
|
| | | meaning of that section) for the purpose of taking the person to a part of |
|
| | | Great Britain other than Scotland.’. |
|
| | |
| | | |
| | Page 88, line 34 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 88, line 37 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
|
| | |
| | |
| | | |
| | Page 88, line 38 [Clause 105], at end insert— |
|
| | | ‘(3) | In this section “constable” means any person who is a constable in any part of |
|
| | | Great Britain or who has, under any enactment (including section 6B(4) above), |
|
| | | the powers of a constable in any part of Great Britain. |
|
| | | (4) | A person who is a constable by virtue of subsection (3) has for the purposes of |
|
| | | this section all the powers, authority, protection and privileges of a constable in |
|
| | | the part of Great Britain in which the person mentioned in subsection (2) is for |
|
| | | |
| | |
| | | |
| | Page 88, line 38 [Clause 105], at end insert— |
|
| | | ‘( ) | In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement |
|
| | | |
| | | (a) | at the beginning of subsection (3) insert “Subject to subsection (3A),”, |
|
| | | |
| | | (b) | after that subsection insert— |
|
| | | “(3A) | Sections 3A and 6A to 6C extend to England and Wales and |
|
| | | |
| | |
|
