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| | For other Amendment(s) see the following page(s):
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| | Criminal Justice and Courts Bill Committee 3 |
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| | Criminal Justice and Courts Bill |
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| | Clause 1, page 1, leave out lines 12 to 15 and insert ‘, to imprisonment for life’. |
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| | | Member’s explanatory statement
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| | | This amendment provides for the increase in the maximum penalty available for an offence under |
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| | | section 4 of the Explosive Substances Act 1883 from 14 years imprisonment to imprisonment for |
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| | | life to apply in Scotland as well as in England and Wales and Northern Ireland. |
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| | Schedule 1, page 66, line 20, at end insert— |
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| | | ‘Road Traffic Offenders Act 1988 (c. 53) |
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| | | 10A(1) | Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of |
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| | | disqualification where custodial sentence also imposed) is amended as |
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| | | (2) | In paragraph (e), for “that Act” (in the first place) substitute “the Criminal |
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| | | (3) | After paragraph (f) insert— |
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| | | “(fa) | in the case of a sentence under section 236A of that Act |
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| | | (special custodial sentence for certain offenders of particular |
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| | | concern), a period equal to half of the term imposed pursuant |
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| | | to section 236A(2)(a) of that Act calculated after that term has |
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| | | been reduced by any relevant discount;”.’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on the new custodial sentence created by clause 5 of, and |
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| | | paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is |
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| | | extended when a custodial sentence is imposed at the same time will apply to the new sentence as |
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| | | it does to other custodial sentences. |
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| | Schedule 1, page 66, line 27, at end insert— |
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| | | ‘Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | | 11A(1) | Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 |
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| | | (extension of disqualification where custodial sentence also imposed) is |
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| | | (2) | In paragraph (e), for “that Act” (in the first place) substitute “the Criminal |
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| | | (3) | After paragraph (f) insert— |
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| | | “(fa) | in the case of a sentence under section 236A of that Act |
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| | | (special custodial sentence for certain offenders of particular |
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| | | concern), a period equal to half of the term imposed pursuant |
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| | | to section 236A(2)(a) of that Act calculated after that term has |
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| | | been reduced by any relevant discount;”.’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on the new custodial sentence created by clause 5 of, and |
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| | | paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is |
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| | | extended when a custodial sentence is imposed at the same time will apply to the new sentence as |
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| | | it does to other custodial sentences. |
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| | Clause 15, page 16, line 16, at end insert— |
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| | | ‘( ) | In section 37B of the Police and Criminal Evidence Act 1984 (consultation with |
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| | | the Director of Public Prosecutions), in subsection (7), after “such a caution” |
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| | | insert “(whether because of section 14 of the Criminal Justice and Courts Act |
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| | | 2014 or for any other reason)”.’. |
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| | | Member’s explanatory statement
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| | | This amendment clarifies that the restriction on giving cautions in clause 14 is one of the reasons |
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| | | why it may not be possible to give a caution following a decision to do so by the Director of Public |
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| | | Prosecutions under section 37B of the Police and Criminal Evidence Act 1984. |
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