Session 2013 - 14
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Other Bills before Parliament


 
 

1941

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 1 May 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

1847 and 1923-24

 

Consideration of Bill


 

Criminal Justice and Courts Bill, As Amended

 

Possessing an offensive weapon or bladed article in public: sentencing for second offence

 

for those aged over 16 or over

 

Nick de Bois

 

Mr David Burrowes

 

Tracey Crouch

 

Mr David Davis

 

Mr Graham Brady

 

 

Mr Dominic Raab

 

Stephen McPartland

 

Dr Julian Lewis

 

Mr Charles Walker

 

Bob Blackman

 

Andrew Bingham

 

Bob Stewart

 

Andrew Rosindell

 

Mr David Amess

 

Dan Byles

 

Karl McCartney

 

Stephen Barclay

 

Jeremy Lefroy

 

Priti Patel

 

Mark Reckless

 

Mr Stewart Jackson

 

Gordon Henderson

 

Mr Julian Brazier

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Prevention of Crime Act 1953 is amended as follows.

 

(2)    

In Section 1 (Prohibition of the carrying of an offensive weapons without lawful

 

authority or reasonable excuse) after subsection (2) insert—

 

“(2A)    

Section (2B) applies where—

 

(a)    

a person is convicted of an offence under subsection (1)

 

committed after this subsection is commenced;

 

(b)    

at the time when the offence was committed, he was 16 or over

 

and had one other conviction under—

 

(i)    

subsection (1),

 

(ii)    

Section (1A); or

 

(iii)    

Section 139 of the Criminal Justice Act 1988;

 

(c)    

the offence was committed after he had been convicted of the

 

other.


 
 

Notices of Amendments: 1 May 2014                      

1942

 

Criminal Justice and Courts Bill, continued

 
 

(2B)    

Where a person aged 16 or over is convicted of an offence under this

 

section, the court must impose an appropriate custodial sentence (with or

 

without a fine) unless the court is of the opinion that there are particular

 

circumstances which—

 

(a)    

relate to the offence or to the offender, and

 

(b)    

would make it unjust to do so in all the circumstances.

 

(2C)    

In this section “appropriate custodial sentence” means—

 

(a)    

in the case of a person who is aged 18 or over when convicted, a

 

sentence of imprisonment for a term of at least six months;

 

(b)    

in the case of a person who is aged at least 16 but under 18 when

 

convicted, a detention and training order of at least 4 months.

 

(2D)    

Where an offence is found to have been committed over a period of two

 

or more days, or at some time during a period of two or more days, it shall

 

be taken for the purposes of this section to have been committed on the

 

last of those days.

 

(2E)    

In relation to times before the coming into force of paragraph 180 of

 

Schedule 7 to the Criminal Justice and Court Services Act 2000, the

 

reference in subsection (2B)(a) to a sentence of imprisonment, in relation

 

to an offender aged under 21 at the time of conviction, is to be read as a

 

reference to a sentence of detention in a young offender institution.”

 

(3)    

The Criminal Justice Act 1988 is amended as follows.

 

(4)    

In Section 139 (Offence of having article with blade or point in public place) after

 

subsection (6) insert—

 

“(6A)    

Section (6B) applies where—

 

(a)    

a person is convicted of an offence under subsection (1)

 

committed after this subsection is commenced;

 

(b)    

at the time when the offence was committed, he was 16 or over

 

and had one other conviction under—

 

(i)    

subsection (1);

 

(ii)    

Section (1) or (1A) of the Prevention of Crime Act 1953;

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(6B)    

Where a person aged 16 or over is convicted of an offence under this

 

section, the court must impose an appropriate custodial sentence (with or

 

without a fine) unless the court is of the opinion that there are particular

 

circumstances which—

 

(a)    

relate to the offence or to the offender, and

 

(b)    

would make it unjust to do so in all the circumstances.

 

(6C)    

In this section “appropriate custodial sentence” means—

 

(a)    

in the case of a person who is aged 18 or over when convicted, a

 

sentence of imprisonment for a term of at least 6 months;

 

(b)    

in the case of a person who is aged at least 16 but under 18 when

 

convicted, a detention and training order of at least four months.

 

(6D)    

Where an offence is found to have been committed over a period of two

 

or more days, or at some time during a period of two or more days, it shall

 

be taken for the purposes of this section to have been committed on the

 

last of those days.


 
 

Notices of Amendments: 1 May 2014                      

1943

 

Criminal Justice and Courts Bill, continued

 
 

(6E)    

In relation to times before the coming into force of paragraph 180 of

 

Schedule 7 to the Criminal Justice and Court Services Act 2000, the

 

reference in subsection (6B) to a sentence of imprisonment, in relation to

 

an offender aged under 21 at the time of conviction, is to be read as a

 

reference to a sentence of detention in a young offender institution.”.’.

 

Possessing an offensive weapon or bladed article in public: sentencing for second

 

offences for those aged 18 or over

 

Nick de Bois

 

Mr David Burrowes

 

Tracey Crouch

 

Mr David Davis

 

Mr Graham Brady

 

 

Mr Dominic Raab

 

Stephen McPartland

 

Dr Julian Lewis

 

Mr Charles Walker

 

Bob Blackman

 

Andrew Bingham

 

Bob Stewart

 

Andrew Rosindell

 

Mr David Amess

 

Dan Byles

 

Karl McCartney

 

Stephen Barclay

 

Jeremy Lefroy

 

Priti Patel

 

Mark Reckless

 

Mr Stewart Jackson

 

Gordon Henderson

 

Mr Julian Brazier

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Prevention of Crime Act 1953 is amended as follows.

 

(2)    

In Section 1 (Prohibition of the carrying of offensive weapons without lawful

 

authority or reasonable excuse) after subsection (2) insert—

 

“(2A)    

Subsection (2B) applies where—

 

(a)    

a person is convicted of an offence under subsection (1)

 

committed after this subsection is commenced;

 

(b)    

at the time when the offence was committed, he was 18 or over

 

and had one other conviction under—

 

(i)    

subsection (1)

 

(ii)    

subsection (1A); or

 

(iii)    

Section 139 of the Criminal Justice Act 1988;

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(2B)    

Where a person is convicted of an offence under subsection (1) the court

 

must impose a sentence of imprisonment for a term of at least 6 months

 

unless the court is of the opinion that there are particular circumstances

 

which—

 

(a)    

relate to the offence or to the offender, and

 

(b)    

would make it unjust to do so in all the circumstances.

 

(2C)    

Where an offence is found to have been committed over a period of two

 

or more days, or at some time during a period of two days or more, it shall

 

be taken for the purposes of this section to have been committed on the

 

last of those days.

 

(2D)    

in relation to times before the coming into force of paragraph 180 of

 

Schedule 7 to the Criminal Justice and Court Services Act 2000, the

 

reference in subsection (2B) to a sentence of imprisonment in relation to


 
 

Notices of Amendments: 1 May 2014                      

1944

 

Criminal Justice and Courts Bill, continued

 
 

an offender aged under 21 at the time of conviction, is to be read as a

 

reference to a sentence of detention in a young offender institution.”.

 

(3)    

The Criminal Justice Act 1988 is amended as follows.

 

(4)    

In Section 139 (Offence of having article with blade or point in public place) after

 

subsection (6) insert—

 

“(6A)    

Subsection (6b) applies where—

 

(a)    

a person convicted of an offence under subsection (1) committed

 

after this subsection is commenced;

 

(b)    

at the time when the offence was committed, he was 18 or over

 

and had one other conviction under—

 

(i)    

Subsection (1)

 

(ii)    

Section (1) or (1A) of the Prevention of Crime Act 1953;

 

or

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(6B)    

Where a person is convicted of an offence under subsection (1) the court

 

must impose a sentence of imprisonment for a term of at least 6 months

 

unless the court is of the opinion that there are particular circumstances

 

which—

 

(a)    

relate to the offence or to the offender, and

 

(b)    

would make it unjust to so in all the circumstances.

 

(6C)    

Where an offence is found to have been committed over a period of two

 

or more days, or at some time during a period of two or more days, it shall

 

be taken for the purposes of this section to have been committed on the

 

last of those days.

 

(6D)    

In relation to times before the coming into force of paragraph 180 of

 

Schedule 7 to the Criminal Justice and Court Service Act 2000, the

 

reference in subsection (6B) to a sentence of imprisonment, in relation to

 

an offender aged under 21 at the time of conviction, is to be read as a

 

reference to a sentence of detention in a young offender institution.”.’.

 


 
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