House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

49
239
Page 137, line 15, leave out “the authority” and insert “a public authority to the

extent that the claim is made in reliance on section 7 of the Human Rights Act 1998”
240
Page 137, line 29, leave out paragraph 15
241
Page 138, leave out lines 4 and 5 and insert “, except as follows—

(a)
those services include the types of advocacy listed in this Part of

this Schedule, except to the extent that Part 1 of this Schedule

provides otherwise;

(b)
those services include other types of advocacy to the extent that

Part 1 of this Schedule so provides.”
242
Page 139, line 1, at beginning insert “Advocacy in”
243
Page 139, line 12, leave out “paragraph 25” and insert “paragraph 25, 25A or

27A(1)”
244
Page 140, leave out lines 3 to 9
245
Page 140, line 11, leave out “the preceding paragraphs” and insert “any other

paragraph”
246
Page 140, line 12, at end insert—

“25
Advocacy in bail proceedings before any court which are related to

proceedings within any other paragraph of this Part of this Schedule.

26
Advocacy in proceedings before any person for the enforcement of a

decision in proceedings within any other paragraph of this Part of this

Schedule.”
247
Page 140, line 32, leave out “, 2 or 3” and insert “or 2”
248
Page 140, line 41, at end insert—

    “( )
Where a paragraph of Part 3 of this Schedule describes advocacy

provided in relation to particular proceedings in or before a court,

tribunal or other person, the description is to be treated as including

services provided in relation to preliminary or incidental proceedings in

or before the same court, tribunal or other person.”
249
Page 140, line 43, leave out “sub-paragraph (1)” and insert “this paragraph”
250
Page 141, line 3, at end insert—

“( )
when proceedings are related to other proceedings.”
Schedule 3
251
Page 146, line 35, leave out “for” and insert “to”
252
Page 147, line 8, leave out “for” and insert “to”
253
Page 147, line 12, leave out “for” and insert “to”
Schedule 4
254
Page 152, line 40, leave out “1” and insert “37(1)”
255
Page 152, line 40, at end insert “(subject to regulations under sub-paragraph (2))”
256
Page 153, line 3, at end insert—

50

    “(2)
The Lord Chancellor may by regulations amend or otherwise modify the

definition of “the transfer day” in sub-paragraph (1).”
Schedule 9
257
Page 188, line 11, leave out paragraph 20
Schedule 11
258
Page 193, line 34, after “enactment,”” insert “;

““imprisonable offence” means an offence punishable in the case of an

adult with imprisonment,”;

““sexual offence” means an offence specified in Part 2 of Schedule 15

to the Criminal Justice Act 2003,”;

““violent offence” means murder or an offence specified in Part 1 of

Schedule 15 to the Criminal Justice Act 2003,””
259
Page 194, leave out lines 1 and 2 and insert—

    “(1)
Section 3 (general provisions) is amended as follows.

      (2)
In subsection (6ZAA), for “person),” substitute “person granted bail in

criminal proceedings of the kind mentioned in section 1(1)(a) or (b)),

section 3AAA (in the case of a child or young person granted bail in

connection with extradition proceedings),”.

      (3)
In subsection (7)—”
260
Page 194, line 9, at end insert—

“3A(1)
Section 3AA (conditions for the imposition of electronic monitoring

requirements: children and young persons) is amended as follows.

      (2)
In the heading after “young persons” insert “released on bail other than

in extradition proceedings”.

      (3)
In subsection (1) (conditions for the imposition of electronic monitoring

conditions: children and young persons) after “young person” insert

“released on bail in criminal proceedings of the kind mentioned in

section 1(1)(a) or (b)”.

3B
After section 3AA insert—

“3AAA
   Conditions for the imposition of electronic monitoring

requirements: children and young persons released on bail in

extradition proceedings

(1)
A court may not impose electronic monitoring requirements on a

child or young person released on bail in connection with

extradition proceedings unless each of the following conditions

is met.

(2)
The first condition is that the child or young person has attained

the age of twelve years.

(3)
The second condition is that—

(a)
the conduct constituting the offence to which the

extradition proceedings relate, or one or more of those

offences, would, if committed in England and Wales,

constitute a violent or sexual offence or an offence

51

punishable in the case of an adult with imprisonment for

a term of fourteen years or more, or

(b)
the offence or offences to which the extradition

proceedings relate, together with any other imprisonable

offences of which the child or young person has been

convicted in any proceedings—

(i)
amount, or

(ii)
would, if the child or young person were

convicted of that offence or those offences,

amount,


to a recent history of committing imprisonable offences

while on bail or subject to a custodial remand.

(4)
The third condition is that the court is satisfied that the necessary

provision for dealing with the child or young person concerned

can be made under arrangements for the electronic monitoring of

persons released on bail that are currently available in each local

justice area which is a relevant area.

(5)
The fourth condition is that a youth offending team has informed

the court that in its opinion the imposition of electronic

monitoring requirements will be suitable in the case of the child

or young person.

(6)
The references in subsection (3)(b) to an imprisonable offence

include a reference to an offence—

(a)
of which the child or young person has been accused or

convicted outside England and Wales, and

(b)
which is equivalent to an offence that is punishable with

imprisonment in England and Wales.

(7)
The reference in subsection (3)(b) to a child or young person

being subject to a custodial remand is to the child or young

person being—

(a)
remanded to local authority accommodation or youth

detention accommodation under section 84 of the Legal

Aid, Sentencing and Punishment of Offenders Act 2012,

(b)
remanded to local authority accommodation under

section 23 of the Children and Young Persons Act 1969 or

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, or

(c)
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.””
261
Page 194, line 13, at end insert—

“4A
In section 3AC (electronic monitoring: general provisions) in each of

subsections (7) and (8) after “3AA” insert “, 3AAA”.”
262
Page 198, line 4, at end insert—

52

“Bail (Amendment) Act 1993 (c. 26)

28A(1)
Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal

where bail is granted) is amended as follows.

      (2)
After subsection (1A) insert—

“(1B)
Where a judge of the Crown Court grants bail to a person who is

charged with, or convicted of, an offence punishable by

imprisonment, the prosecution may appeal to the High Court

against the granting of bail.

(1C)
An appeal under subsection (1B) may not be made where a judge

of the Crown Court has granted bail on an appeal under

subsection (1).”

      (3)
In subsection (2) for “Subsection (1) above applies” substitute

“Subsections (1) and (1B) above apply”.

      (4)
In subsections (3), (4) and (8) for “or (1A)” substitute “, (1A) or (1B)”.

      (5)
In subsection (10)(a)—

(a)
for “reference in subsection (1)” substitute “references in

subsections (1) and (1B)”, and

(b)
for “is to be read as a reference” substitute “are to be read as

references”.”
263
Page 198, line 14, at end insert—

“30A
In section 200 of the Extradition Act 2003 (amendments to section 1 of the

Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).”
Schedule 12
264
Page 199, line 12, at end insert—

    “(5)
In subsection (7), in the definition of “serious offence”, after “means”

insert “(subject to subsection (8))”.

      (6)
After subsection (7) insert—

“(8)
For the purposes of the application of this section to a person

remanded on bail in connection with proceedings under the

Extradition Act 2003—

(a)
an offence is a “serious offence” if the conduct

constituting the offence would, if committed in England

and Wales, constitute an offence punishable in the case of

an adult with imprisonment for a term of two years or

more, and

(b)
the reference in subsection (1)(a) to a person being

charged with a serious offence includes a reference to the

person having been accused of such an offence.””
265
Page 200, line 10, leave out “In”
266
Page 200, line 11, after “seventeen)” insert “is amended as follows.

      (2)
In subsection (3)(b), for “to local authority accommodation” substitute

“subject to a custodial remand”.

53

      (3)
”
267
Page 200, leave out lines 13 to 15 and insert—

  “(11)
The references in subsection (3)(b) to an imprisonable offence include a

reference to an offence—

(a)
of which the child or young person has been convicted outside

England and Wales, and

(b)
which is equivalent to an offence that is punishable with

imprisonment in England and Wales.

    (12)
The reference in subsection (3)(b) to a child or young person being

subject to a custodial remand is to the child or young person being—

(a)
remanded to local authority accommodation or youth detention

accommodation under section 84 of the Legal Aid, Sentencing

and Punishment of Offenders Act 2012,

(b)
remanded to local authority accommodation under section 23 of

the Children and Young Persons Act 1969 or 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, or

(c)
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.”
268
Page 203, line 19, leave out “133” and insert “133(1)”
Schedule 13
269
Page 204, leave out lines 23 and 24 and insert—

    “( )
Section 246 (crediting of time in service custody: terms of imprisonment

and detention) is amended as follows.

      ( )
For subsections (2) to (5) substitute—”
270
Page 205, line 3, at end insert—

    “( )
In subsection (6)—

(a)
omit “and” at the end of paragraph (a), and

(b)
after paragraph (b) insert “, and

“(c)
a determinate sentence of detention in a young

offender institution,””
271
Page 205, line 22, leave out from “rules)” to end of line 24 and insert “in paragraph

(g) omit “or 246”.”
272
Page 205, line 25, at end insert—

“Part 2

Other amendments

Criminal Appeal Act 1968 (c. 19)

6
In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other

provisions applicable on order for retrial), in paragraph 2(4), for

“Sections 240” substitute “Sections 240ZA”.

54

Immigration Act 1971 (c. 77)

7
In section 7 of the Immigration Act 1971 (exemption from deportation for

certain existing residents), in subsection (4), after “section 240” insert “,

240ZA or 240A”.

Road Traffic Offenders Act 1988 (c. 53)

8
In section 35A of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence also imposed), in subsection

(6)—

(a)
omit “a direction under”;

(b)
in paragraph (a), for “section 240” substitute “section 240ZA”;

(c)
in paragraph (b), before “section 240A” insert “a direction

under”.

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

9
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as

follows.

10
In section 82A (determination of tariffs), in subsection (3)(b), for “section

240” substitute “section 240ZA”.

11
In section 101 (term of detention and training order), in subsection (12A),

for “the reference in subsection (2) of that section to section 240”

substitute “the reference in subsection (2A) of that section to section

240ZA”.

12
In section 147A (extension of disqualification where custodial sentence

also imposed), in subsection (6)—

(a)
omit “a direction under”;

(b)
in paragraph (a), for “section 240” substitute “section 240ZA”;

(c)
in paragraph (b), before “section 240A” insert “a direction

under”.

International Criminal Court Act 2001 (c. 17)

13
In Schedule 7 to the International Criminal Court Act 2001 (domestic

provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for

“sections 240” substitute “sections 240ZA”.”
Schedule 14
273
Page 205, line 27, at end insert—

“Road Traffic Offenders Act 1988 (c. 53)

1
In section 35A of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence also imposed)—

(a)
in subsection (8), after “section” insert “243A(3)(a),”;

(b)
in subsection (9)(a), after “in respect of section” insert “243A(3)(a)

or”.

55

Crime (Sentences) Act 1997 (c. 43)

2
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners

within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after

“sections 241,” insert “243A,”.

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

3
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000

(extension of disqualification where custodial sentence also imposed)—

(a)
in subsection (8), after “section” insert “243A(3)(a),”;

(b)
in subsection (9)(a), after “in respect of section” insert “243A(3)(a)

or”.

International Criminal Court Act 2001 (c. 17)

4
In Schedule 7 to the International Criminal Court Act 2001 (domestic

provisions not applicable to ICC prisoners), in paragraph 3(1), for

“sections 244” substitute “sections 243A”.”
Schedule 15
274
Page 207, line 33, leave out “110” and insert “109”
275
Page 208, line 4, at end insert—

    “( )
Part 1 of Schedule 13 and section 102(12) so far as it relates to that Part

(but this is subject to sub-paragraph (2)).”
276
Page 208, line 4, at end insert—

    “( )
Section (Replacement of transitory provisions) applies in relation to any

person who falls to be released under Chapter 6, or (as the case may be)

under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after

the commencement date.”
277
Page 208, line 6, at end insert “or section 246(2) of the Armed Forces Act 2006”
278
Page 208, line 8, leave out “section 240ZA of the 2003 Act” and insert “the new

provisions”
279
Page 208, line 9, leave out “section 240ZA” and insert “the new provisions”
280
Page 208, line 11, at end insert—

    “( )
In sub-paragraph (2) “the new provisions” means—

(a)
where the direction was given under section 240(3) of the 2003

Act, section 240ZA of that Act;

(b)
where the direction was given under section 246(2) of the Armed

Forces Act 2006, section 246 of that Act as amended by Part 1 of

Schedule 13.”
281
Page 208, line 26, leave out “commencement date” and insert “day on which this

Act is passed”
Before Schedule 16
282
Insert the following new Schedule—



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