Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

1963

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 6 May 2014

 

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

 

1847, 1939-40 and 1941-44

 

Consideration of Bill


 

Criminal Justice and Courts Bill, As Amended

 

Possessing an offensive weapon or bladed article in public or on school premises:

 

sentencing for second offences for those aged 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

 

David Morris

 

Karl McCartney

 

Stephen Barclay

 

Jeremy Lefroy

 

Priti Patel

 

Mark Reckless

 

Mr Stewart Jackson

 

Gordon Henderson

 

Mr Julian Brazier

 

Jason McCartney

 

David T.C. Davies

 

Mr William Cash

 

Philip Davies

 

Mr David Nuttal

 

Anne Marie Morris

 

Mr Brian Binley

 

Mr Peter Bone

 

Mr Richard Bacon

 

NC6

 

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)    

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),


 
 

Notices of Amendments: 6 May 2014                      

1964

 

Criminal Justice and Courts Bill, continued

 
 

(ii)    

section (1A); or

 

(iii)    

section 139 of the Criminal Justice Act 1988;

 

(iv)    

section 139A of the Criminal Justice Act 1988; or

 

(v)    

section 139AA of the Criminal Justice Act 1988;

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(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 139A;

 

(iii)    

section 139AA; or

 

(iv)    

sections (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.


 
 

Notices of Amendments: 6 May 2014                      

1965

 

Criminal Justice and Courts Bill, continued

 
 

(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.

 

(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.”.

 

(5)    

In section 139A (Offence of having article with blade or point (or offensive

 

weapon)) on school premises after subsection (5) insert—

 

“(5A)    

Section (5B) 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 139;

 

(iii)    

section 139AA; or

 

(iv)    

sections (1) or (1A) of the Prevention of Crime Act

 

1953;

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(5B)    

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.

 

(5C)    

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.

 

(5D)    

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.

 

(5E)    

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 (5B) 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.”.’.


 
 

Notices of Amendments: 6 May 2014                      

1966

 

Criminal Justice and Courts Bill, continued

 
 

Possessing an offensive weapon or bladed article in public or on school premises:

 

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

 

David Morris

 

Karl McCartney

 

Stephen Barclay

 

Jeremy Lefroy

 

Priti Patel

 

Mark Reckless

 

Mr Stewart Jackson

 

Gordon Henderson

 

Mr Julian Brazier

 

Jason McCartney

 

David T.C. Davies

 

Mr William Cash

 

Philip Davies

 

Mr David Nuttal

 

Anne Marie Morris

 

Mr Brian Binley

 

Mr Peter Bone

 

Mr Richard Bacon

 

NC7

 

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)    

section (1A);

 

(iii)    

section 139 of the Criminal Justice Act 1988;

 

(iv)    

section 139A of the Criminal Justice Act 1988; or

 

(v)    

section 139AA 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: 6 May 2014                      

1967

 

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 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)    

section 139A;

 

(iii)    

section 139AA; or

 

(iv)    

sections (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 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.

 

(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 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.”.

 

(5)    

In section 139A (Offence of having article with blade or point (or offensive

 

weapon)) on school premises after subsection (5) insert—

 

“(5A)    

Section (5B) 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)    

section 139;

 

(iii)    

section 139AA; or

 

(iv)    

sections (1) or (1A) of the Prevention of Crime Act

 

1953;

 

(c)    

the offence was committed after he had been convicted of the

 

other.

 

(5B)    

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


 
 

Notices of Amendments: 6 May 2014                      

1968

 

Criminal Justice and Courts Bill, continued

 
 

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.

 

(5C)    

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.

 

(5D)    

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 (5B) 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.”.’.

 

Giving evidence at remote sites

 

Ann Coffey

 

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

 

(2)    

After Section (30) insert—

 

“30A  

Giving evidence at remote sites

 

(1)    

A special measures direction may provide for persons eligible for

 

assistance under section (16) to give evidence at a remote site.

 

(2)    

For the purposes of this section any facility may be designated as a

 

remote site where the court is satisfied that all the five criteria as follows

 

have been met—

 

(a)    

the facility must be suitable for hearing evidence;

 

(b)    

the facility must be absent from the court building;

 

(c)    

the location of the facility must be appropriate to meet the needs

 

and promote the welfare of the witness;

 

(d)    

the arrangement must not prevent the witness from being able to

 

see, and to be seen by—

 

(i)    

the judge or justices (or both) and the jury (if there is

 

one);

 

(ii)    

legal representatives acting in the proceedings; and

 

(iii)    

any interpreter or other person appointed (in pursuance

 

of the direction or otherwise) to assist the witness.”.’.

 

Persons under 11 years of age to give evidence through intermediaries

 

Ann Coffey

 

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Youth Justice and Criminal Evidence 1999 is amended as follows.


 
 

Notices of Amendments: 6 May 2014                      

1969

 

Criminal Justice and Courts Bill, continued

 
 

(2)    

After Section (29) insert—

 

“29A  

Persons under 11 years of age to give evidence through intermediaries

 

(1)    

Where a victim or witnesses under 11 years of age is required to testify

 

in court proceedings the court must, through a special measures direction,

 

provide for any examination of the witness to be conducted through an

 

intermediary as defined under section (29).

 

(2)    

A person must not act as an intermediary under subsection (1) except

 

after—

 

(a)    

undertaking screening to be provided by the Disclosure and

 

Barring Service;

 

(b)    

making a declaration, in such form as may be prescribed by the

 

rules of court, that he will faithfully perform his function as an

 

intermediary.

 

(c)    

providing evidence to the court of relevant accredited training,

 

qualifications and experience.”.’.

 

Term of imprisonment for murder of a police or prison officer

 

Secretary Chris Grayling

 

NC10

 

To move the following Clause:—

 

‘(1)    

Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in

 

relation to mandatory life sentence) is amended as follows.

 

(2)    

In paragraph 4(2) (cases for which a whole life order is the appropriate starting

 

point), after paragraph (b) insert—

 

“(ba)    

the murder of a police officer or prison officer in the course of

 

his or her duty,”.

 

(3)    

In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit

 

paragraph (a).

 

(4)    

The amendments made by this section apply only in relation to an offence

 

committed on or after the day on which they come into force.’.

 

Member’s explanatory statement

 

This amendment provides that the court should normally start by considering a whole life term

 

when sentencing an offender for the murder of a police or prison officer in the course of his or her

 

duty. Currently, the starting point in these cases is a minimum term of 30 years.

 

Committal for sentence of young offenders convicted of certain serious offences

 

Secretary Chris Grayling

 

NC11

 

To move the following Clause:—

 

‘(1)    

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

 

(2)    

In section 3B (committal for sentence on indication of guilty plea by child or

 

young person), for subsection (1) substitute—

 

“(1)    

This section applies where on the summary trial of an offence mentioned

 

in section 91(1) of this Act a person aged under 18 is convicted of the

 

offence.”


 
contents continue
 

© Parliamentary copyright
Revised 7 May 2014