House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

101

House of Commons

Tuesday 5 February 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Crime and Courts Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [22 January].

Mr Shailesh Vara

81

Clause  30,  page  32,  line  13,  at end insert—

‘(8G)
For the avoidance of doubt, the provisions of subsection (5A) will apply to any

person who, when V enters the building as a trespasser and it is necessary to use

force against V, is present in any of the premises covered by subsections (8A),

(8B) or (8C), whether or not that person dwells in said premises.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

86

Schedule  15,  page  262,  line  2,  at end insert—

‘(za)
have regard to the need to promote rehabilitation,’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Paul Goggins

87

Schedule  15,  page  262,  line  8,  leave out ‘exceptional’.

Public Bill Committee: 5 February 2013
102

Crime and Courts Bill [Lords] continued

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

92

Schedule  15,  page  262,  line  19,  at end insert—

‘5  (1)
The Secretary of State shall periodically publish the outcomes of community

orders awarded by each criminal court in England and Wales, where

“outcomes” is defined as the number and classification of re-offences recorded

for each offender sentenced by the court, following their sentence.’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

100

Schedule  15,  page  262,  line  24,  leave out ‘activities’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

101

Schedule  15,  page  262,  line  27,  leave out ‘restorative justice requirements’ and

insert ‘participation in a restorative conference’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

102

Schedule  15,  page  262,  line  28,  leave out ‘justice’ and insert ‘conference’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

103

Schedule  15,  page  262,  line  29,  leave out ‘an activity’ and insert ‘a meeting or

series of meetings’.

Public Bill Committee: 5 February 2013
103

Crime and Courts Bill [Lords] continued

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

104

Schedule  15,  page  262,  line  33,  leave out ‘and’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

105

Schedule  15,  page  262,  line  36,  at end insert ‘and

(d)
which is facilitated by a restorative justice practioner whose role is to

prepare for, facilitate and follow up the meeting.’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

106

Schedule  15,  page  262,  leave out lines 37 to 42 and insert—

‘(3)
The victim is entitled to participate in any meeting which constitutes or forms part

of a restorative conference.

(4)
The restorative justice practitioner may allow any other person or persons—

(a)
to participate in any meeting which constitutes or forms part of a

restorative conference, or

(b)
to attend any such meeting for any purpose specified by him including to

provide additional information or to act as a supporter of the victim or the

offender if he considers that their participation or attendance for that

purpose would assist the process of restorative justice.

(4A)
Participation by any person in a restorative conference shall require the consent

of that person.

(4B)
The Secretary of State may make rules about the procedure of restorative

conferences.

(4C)
Without prejudice to the generality of subsection (4B), rules made under this

section may, in particular, make provision—

(a)
specifying the circumstances under which the court should consider

deferral and imposition of a restorative conference requirement,

(b)
specifying which persons may act as restorative justice practioners,

(c)
specifying what training and accreditation is required for the registration

of restorative justice practioners and the standards they will work to,

Public Bill Committee: 5 February 2013
104

Crime and Courts Bill [Lords] continued

(d)
conferring or imposing functions on restorative conference facilitators

(which may include power to exclude from a meeting constituting or

forming part of a restorative conference persons otherwise entitled to

participate in it),

(e)
about the period within which restorative conferences must be

completed, and

(f)
about the information that must be returned to the court including the

participation of the offender, a report on the restorative conference, its

outcome and any action which the offender has agreed to undertake.

(4D)
Rules made under this section are subject to annulment in pursuance of a

resolution of either House of Parliament in the same manner as a statutory

instrument, and accordingly section 5 of the Statutory Instruments Act 1946

(c.36) applies to such rules.

(4E)
Without prejudice to the generality of section 1(5)(a), where the passing of

sentence has been deferred the court may include in a community order or in a

youth rehabilitation order an activity requirement—

(a)
requiring the offender to underatake any action to which he has agreed in

a restorative conference, or

(b)
where the victim has agreed to participate in a meeting constituting or

forming part of a restorative conference at a subsequent time, requiring

the offender to participate in that meeting.’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

107

Schedule  15,  page  262,  line  43,  leave out ‘justice’ and insert ‘conference’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

108

Schedule  15,  page  263,  line  1,  leave out ‘activity concerned’ and insert

‘conference’.

Public Bill Committee: 5 February 2013
105

Crime and Courts Bill [Lords] continued

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

109

Schedule  15,  page  263,  line  2,  at end insert—

‘(5A)
A restorative conference requirement may be imposed whether or not the court

considers that there is a real prospect that the defendant will be sentenced to a

custodial sentence in the proceedings.

(5B)
A restorative conference requirement may not be imposed unless the offender

entered a plea of guilty to the offence.’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

Jenny Chapman

110

Schedule  15,  page  263,  line  4,  at end insert—

‘(7)
In this section “participation” may include a victim’s entitlement to participate by

teleconference, video conference, or having another person represent their views

to the offender on their behalf.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

88

Schedule  15,  page  263,  line  37,  before ‘an electronic’, insert ‘in a case where the

court also imposes a supervision requirement,’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

89

Schedule  15,  page  264,  line  17,  before ‘an electronic’, insert ‘in a case where the

court also imposes a supervision requirement,’.

Mr Jeremy Browne

79

Schedule  15,  page  269,  line  16,  leave out paragraph 29.

Public Bill Committee: 5 February 2013
106

Crime and Courts Bill [Lords] continued

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

90

Schedule  15,  page  269,  line  16,  leave out ‘with probation trusts’ and insert ‘for the

provision of supervision of offenders’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

91

Schedule  15,  page  269,  line  16,  leave out ‘require each probation trust to’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

93

Schedule  15,  page  269,  line  22,  at end insert—

    ‘(3)
The Secretary of State shall in each year publish a strategy for the delivery of

appropriate and effective services for female offenders in the criminal justice

system.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

94

Schedule  16,  page  274,  line  27,  at end insert—

‘Sentencing guidelines for DPAs

4A  (1)
The Sentencing Council must produce a guideline on the financial penalties

and remedial measures appropriate for a DPA.

      (2)
The Coroners and Justice Act 2009 is amended as follows—

(a)
at the end of section 120(1) insert “and corporate bodies, partnerships

and unincorporated associations who have been charged with an

offence but whose prosecution has been deferred under Schedule 16 to

the Crime and Courts Act 2013”

      (3)
Where the Council has prepared guidelines under subsection (1), it must

publish them as draft guidelines.

      (4)
The Council must consult the following persons about the draft guidelines—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(c)
such other persons as the Council considers appropriate.

      (5)
Before the guideline is permitted to come into effect, it shall be laid before

Parliament, which shall have the opportunity of debating it.

Public Bill Committee: 5 February 2013
107

Crime and Courts Bill [Lords] continued

4B  (1)
If the guideline is amended or replaced, the Sentencing Council must publish

the new guideline as a draft guideline.

      (2)
The Sentencing Council must consult the following persons about the new

guideline—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(c)
such other persons as the designated prosecutors consider

appropriate.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

95

Schedule  16,  page  275,  line  9,  at end insert—

    ‘(6)
A DPA must not contain a term granting a blanket indemnity for prosecution

for undisclosed criminal acts committed in the past.

      (7)
A DPA must have regard to the DPA guideline issued by the Sentencing

Council.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

96

Schedule  16,  page  275,  line  27,  at end insert—

      ‘()
Where the Director of Public Prosecutions and the Director of the Serious

Fraud Office have produced a code under sub-paragraph (1), they must publish

it as a draft code.

      ()
The Director of Public Prosecutions and the Director of the Serious Fraud

Office must consult the following persons about the draft code—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(c)
such other persons as the Director of Public Prosecutions and the

Director of the Serious Fraud Office consider appropriate.

      ()
Before the code is permitted to come into effect, it shall be laid before

Parliament.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

82

Schedule  16,  page  275,  line  33,  at end insert—

‘( )
The Director of Public Prosecutions and the Director of the Serious Fraud Office

must publish the new code as a draft code.

( )
The Director of Public Prosecutions and the Director of the Serious Fraud Office

must consult the following persons about the amended code—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;



© Parliamentary copyright	Revised 5 February 2013