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5

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 11 March 2014

 

For other Amendment(s) see the following page(s):

 

Criminal Justice and Courts Bill Committee 3

 

Public Bill Committee


 

Criminal Justice and Courts Bill

 

Mr Shailesh Vara

 

1

 

Clause  1,  page  1,  leave out lines 12 to 15 and insert ‘, to imprisonment for life’.

 

Member’s explanatory statement

 

This amendment provides for the increase in the maximum penalty available for an offence under

 

section 4 of the Explosive Substances Act 1883 from 14 years imprisonment to imprisonment for

 

life to apply in Scotland as well as in England and Wales and Northern Ireland.

 

Mr Shailesh Vara

 

2

 

Schedule  1,  page  66,  line  20,  at end insert—

 

Road Traffic Offenders Act 1988 (c. 53)

 

10A(1)  

Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of

 

disqualification where custodial sentence also imposed) is amended as

 

follows.

 

      (2)  

In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

 

Justice Act 2003”.

 

      (3)  

After paragraph (f) insert—

 

“(fa)    

in the case of a sentence under section 236A of that Act

 

(special custodial sentence for certain offenders of particular

 

concern), a period equal to half of the term imposed pursuant

 

to section 236A(2)(a) of that Act calculated after that term has

 

been reduced by any relevant discount;”.’.

 

Member’s explanatory statement

 

This amendment is consequential on the new custodial sentence created by clause 5 of, and

 

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

 

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

 

it does to other custodial sentences.


 
 

Notices of Amendments: 11 March 2014                  

6

 

Criminal Justice and Courts Bill, continued

 
 

Mr Shailesh Vara

 

3

 

Schedule  1,  page  66,  line  27,  at end insert—

 

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

 

11A(1)  

Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000

 

(extension of disqualification where custodial sentence also imposed) is

 

amended as follows.

 

      (2)  

In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

 

Justice Act 2003”.

 

      (3)  

After paragraph (f) insert—

 

“(fa)    

in the case of a sentence under section 236A of that Act

 

(special custodial sentence for certain offenders of particular

 

concern), a period equal to half of the term imposed pursuant

 

to section 236A(2)(a) of that Act calculated after that term has

 

been reduced by any relevant discount;”.’.

 

Member’s explanatory statement

 

This amendment is consequential on the new custodial sentence created by clause 5 of, and

 

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

 

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

 

it does to other custodial sentences.

 

Mr Shailesh Vara

 

4

 

Clause  15,  page  16,  line  16,  at end insert—

 

‘( )    

In section 37B of the Police and Criminal Evidence Act 1984 (consultation with

 

the Director of Public Prosecutions), in subsection (7), after “such a caution”

 

insert “(whether because of section 14 of the Criminal Justice and Courts Act

 

2014 or for any other reason)”.’.

 

Member’s explanatory statement

 

This amendment clarifies that the restriction on giving cautions in clause 14 is one of the reasons

 

why it may not be possible to give a caution following a decision to do so by the Director of Public

 

Prosecutions under section 37B of the Police and Criminal Evidence Act 1984.

 


 
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