House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

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84
Page 66, line 41, leave out “86(1)” and insert “86(1) or (5)”
85
Page 66, line 42, after “means” insert “—

(a)
”
86
Page 66, line 43, at end insert “, or

(b)
in relation to an offence of which a child has been accused or

convicted outside England and Wales, an offence equivalent to an

offence that, in England and Wales, is punishable in the case of an

adult with imprisonment;”
87
Page 67, line 5, leave out subsection (9) and insert—

“(9)
References in this Chapter to a child being subject to a custodial remand are

to the child being—

(a)
remanded to local authority accommodation or youth detention

accommodation, or

(b)
subject to a form of custodial detention in a country or territory

outside England and Wales while awaiting trial or sentence in that

country or territory or during a trial in that country or territory.

(10)
The reference in subsection (9) to a child being remanded to local authority

accommodation or youth detention accommodation includes—

(a)
a child being remanded to local authority accommodation under

section 23 of the Children and Young Persons Act 1969, and

(b)
a child being remanded to prison under that section as modified by

section 98 of the Crime and Disorder Act 1998 or under section 27

of the Criminal Justice Act 1948.”
Clause 88
88
Page 67, line 19, leave out “the United Kingdom” and insert “England and Wales”
89
Page 67, line 37, leave out subsections (8) to (10)
Clause 89
90
Page 68, line 15, leave out “86(1)” and insert “86(1) or (5)”
Clause 92
91
Page 70, line 26, leave out from “while” to “, and” in line 27 and insert “subject to a

custodial remand”
92
Page 70, line 37, leave out paragraphs (a) to (c) and insert “on bail or subject to a

custodial remand.”
93
Page 71, line 16, leave out from second “sentence” to end of line 25 and insert “or

order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act

2000.”
94
Page 71, line 26, leave out “References in this section” and insert “The reference in

subsection (5)(b)”
95
Page 71, line 27, leave out “include” and insert “includes—

(a)
”
96
Page 71, line 29, at end insert “, and

18

(b)
a child being remanded to prison under that section as modified by

section 98 of the Crime and Disorder Act 1998 or under section 27

of the Criminal Justice Act 1948.”
Clause 93
97
Page 71, line 43, leave out “the United Kingdom” and insert “England and Wales”
Clause 94
98
Page 72, line 38, leave out “the United Kingdom” and insert “England and Wales”
Clause 95
99
Page 73, line 39, at end insert “, and

(d)
accommodation, or accommodation of a description, for the time

being specified by order under section 107(1)(e) of the Powers of

Criminal Courts (Sentencing) Act 2000 (youth detention

accommodation for purposes of detention and training order

provisions).”
100
Page 74, line 20, at end insert—

“(8A)
A function of the Secretary of State under this section (other than the

function of making regulations) is exercisable by the Youth Justice Board

for England and Wales concurrently with the Secretary of State.

(8B)
The Secretary of State may by regulations provide that subsection (8A) is

not to apply, either generally or in relation to a particular description of

case.”
101
Page 74, line 21, leave out from “means” to end of line 33 and insert

“accommodation which is provided in a children’s home, within the meaning of

the Care Standards Act 2000—

(a)
which provides accommodation for the purposes of restricting

liberty, and

(b)
in respect of which a person is registered under Part 2 of that Act.

(10)
Before the coming into force in relation to England of section 107(2) of the

Health and Social Care (Community Health and Standards) Act 2003,

subsection (9) has effect as if it defined “secure children’s home” in relation

to England as accommodation which—

(a)
is provided in a children’s home, within the meaning of the Care

Standards Act 2000, in respect of which a person is registered under

Part 2 of that Act, and

(b)
is approved by the Secretary of State for the purpose of restricting

the liberty of children.”
Clause 96
102
Page 74, line 37, after “homes” insert “, or accommodation within section 95(2)(d),”
103
Page 75, line 9, leave out subsections (4) to (6)
104
Page 75, line 20, at end insert—

19

“(8)
A function of the Secretary of State under this section (other than the

function of making regulations) is exercisable by the Youth Justice Board

for England and Wales concurrently with the Secretary of State.

(9)
The power to make regulations under subsection (2) includes power to

make provision about the recovery of costs by the Youth Justice Board for

England and Wales.

(10)
The Secretary of State may by regulations provide that subsection (8), or

provision made by virtue of subsection (9), is not to apply, either generally

or in relation to a particular description of case.”
Clause 97
105
Page 75, line 28, leave out subsections (3) to (5)
After Clause 98
106
Insert the following new Clause—

“Regulations under this Chapter

(1)
Regulations under this Chapter are to be made by statutory instrument.

(2)
Regulations under this Chapter may—

(a)
make different provision for different cases;

(b)
include supplementary, incidental, transitional, transitory or

saving provision.

(3)
A statutory instrument containing regulations under this Chapter is subject

to annulment in pursuance of a resolution of either House of Parliament,

subject to subsection (4).

(4)
A statutory instrument containing regulations under section 95(8B) or

96(10) (whether alone or with any other provision) may not be made unless

a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.”
Clause 99
107
Page 76, line 17, leave out “(and see section 88(8))”
108
Page 76, line 35, leave out subsection (4)
109
Page 76, line 39, leave out “88(9)” and insert “87(9)”
110
Page 76, line 40, after “accommodation” insert “, and related expressions,”
111
Page 76, line 43, at end insert—

“(8)
Subsections (3) and (6) are subject to sections 87(10) and 92(11) (references

to remand to local authority accommodation or youth detention

accommodation to include such a remand under section 23 of the Children

and Young Persons Act 1969 or a remand to prison).”
Clause 100
112
Page 77, line 12, leave out “committed on or after 4th April 2005”

20
113
Page 78, leave out lines 17 to 20
114
Page 78, line 22, after “91” insert “or 96”
115
Page 78, line 23, after “section” insert “227 or”
116
Page 78, line 23, leave out from second “Act” to end of line 25
Clause 101
117
Page 79, line 28, leave out “, (11)”
Clause 102
118
Page 80, line 39, at end insert—

“( )
In section 305(1A) (modification of reference to want of sufficient distress),

inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and

Enforcement Act 2007, for “In the definition of “sentence of imprisonment”

in subsection (1) the reference” substitute “In this Part any reference”.”
119
Page 81, line 4, at end insert—

“( )
section 23 and Schedule 6.”
Clause 103
120
Page 81, line 12, leave out from “months” to end of line 14
121
Page 81, line 25, at end insert—

“(4)
This section is subject to—

(a)
section 256B (supervision of young offenders after release),

and

(b)
paragraph 8 of Schedule 20B (transitional cases).””
Clause 104
122
Page 82, line 12, after “91” insert “or 96”
123
Page 82, line 12, after second “section” insert “227 or”
124
Page 82, leave out lines 13 and 14
After Clause 108
125
Insert the following new Clause—

“Replacement of transitory provisions

(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is

amended as follows.

(2)
In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence

of detention)—

(a)
after “91” insert “or 96”;

(b)
before “228” insert “227 or”.

(3)
At the end of that section insert—



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