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| |
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| | “(5A) | Section (5B) applies where— |
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| | (a) | a person is convicted of an offence under subsection (1) |
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| | committed after this subsection is commenced; |
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| | (b) | at the time when the offence was committed, he was 18 or over |
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| | and had one other conviction under— |
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| | |
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| | (iv) | sections (1) or (1A) of the Prevention of Crime Act |
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| | |
| | (c) | the offence was committed after he had been convicted of the |
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| | (5B) | Where a person is convicted of an offence under subsection (1) the court |
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| | must impose a sentence of imprisonment for a term of at least 6 months |
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| | unless the court is of the opinion that there are particular circumstances |
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| | |
| | (a) | relate to the offence or to the offender, and |
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| | (b) | would make it unjust to do so in all the circumstances. |
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| | (5C) | Where an offence is found to have been committed over a period of two |
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| | or more days, or at some time during a period of two or more days, it shall |
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| | be taken for the purposes of this section to have been committed on the |
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| | |
| | (5D) | In relation to times before the coming into force of paragraph 180 of |
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| | Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
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| | reference in subsection (5B) to a sentence of imprisonment, in relation to |
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| | an offender aged under 21 at the time of conviction, is to be read as a |
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| | reference to a sentence of detention in a young offender institution.”.’. |
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| | Giving evidence at remote sites |
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| To move the following Clause:— |
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| | ‘(1) | The Youth Justice and Criminal Evidence Act 1999 is amended as follows. |
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| | (2) | After Section (30) insert— |
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| | “30A | Giving evidence at remote sites |
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| | (1) | A special measures direction may provide for persons eligible for |
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| | assistance under section (16) to give evidence at a remote site. |
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| | (2) | For the purposes of this section any facility may be designated as a |
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| | remote site where the court is satisfied that all the five criteria as follows |
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| | |
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| |
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| | (a) | the facility must be suitable for hearing evidence; |
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| | (b) | the facility must be absent from the court building; |
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| | (c) | the location of the facility must be appropriate to meet the needs |
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| | and promote the welfare of the witness; |
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| | (d) | the arrangement must not prevent the witness from being able to |
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| | |
| | (i) | the judge or justices (or both) and the jury (if there is |
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| | |
| | (ii) | legal representatives acting in the proceedings; and |
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| | (iii) | any interpreter or other person appointed (in pursuance |
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| | of the direction or otherwise) to assist the witness.”.’. |
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| | Persons under 11 years of age to give evidence through intermediaries |
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| To move the following Clause:— |
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| | ‘(1) | The Youth Justice and Criminal Evidence 1999 is amended as follows. |
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| | (2) | After Section (29) insert— |
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| | “29A | Persons under 11 years of age to give evidence through intermediaries |
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| | (1) | Where a victim or witnesses under 11 years of age is required to testify |
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| | in court proceedings the court must, through a special measures direction, |
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| | provide for any examination of the witness to be conducted through an |
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| | intermediary as defined under section (29). |
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| | (2) | A person must not act as an intermediary under subsection (1) except |
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| | (a) | undertaking screening to be provided by the Disclosure and |
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| | |
| | (b) | making a declaration, in such form as may be prescribed by the |
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| | rules of court, that he will faithfully perform his function as an |
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| | |
| | (c) | providing evidence to the court of relevant accredited training, |
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| | qualifications and experience.”.’. |
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| |
| | Civil proceedings for cases of aggravated trespass |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice and Public Order Act 1994 is amended as follows. |
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| | (2) | In section 68, after subsection (5) insert— |
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| |
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| | “(6) | A contravention of subsection (1) shall be actionable in civil proceedings |
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| | at the suit of a person adversely affected by it, subject to the defences and |
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| | other incidents applying to actions for breach of statutory duty.’. |
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| | Member’s explanatory statement
|
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| | This amendment would enable civil proceedings to be brought by those adversely affected by cases |
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| | Definition of a foreign pornographic service |
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| To move the following Clause:— |
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| | ‘(1) | A service is a foreign pornographic service if— |
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| | (a) | the principal purpose of the service is the provision of still images or |
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| | audio-visual material which is pornographic; |
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| | (b) | it includes pornographic material which depicts in an explicit and |
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| | |
| | (i) | penetration of the vagina or anus of a person with a part of the |
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| | (v) | urinary or excretory functions; or |
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| | (vi) | acts of restraint or violence of threats which are associated with |
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| | |
| | (c) | the provider of the service is not under the jurisdiction of a European |
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| | Union Member State for the purposes of the Audiovisual Media Services |
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| | |
| | (d) | the pornographic still images of audio-visual material are received by the |
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| | user by means of an electronic communications network; and |
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| | (e) | the service can be received in the United Kingdom by a member of the |
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| | public using standard consumer equipment. |
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| | (2) | In this section “pornographic” has the same meaning as in section 63 (c)-(e) of |
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| | the Criminal Justice and Immigration Act 2008.’. |
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| | Licensing of foreign pornographic services |
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| To move the following Clause:— |
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| | ‘(1) | The provider of a foreign pornographic service is guilty of an offence if the |
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| | service is not a service licensed by the appropriate licensing authority. |
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| | (2) | An application for a licence to provide a foreign pornographic service— |
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| | (a) | must be made in such manner; and |
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| | (b) | must contain such information about the applicant, his business and the |
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| | service he proposes to provide, as the appropriate licensing authority may |
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| | |
| | (3) | The appropriate licensing authority may require an application for a licence to |
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| | provide a foreign pornographic service to be accompanied by a fee if such fee is |
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| | payable in accordance with a tariff approved by the Secretary of State. |
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| | (4) | The Secretary of State may for the purposes of subsection (3) approve a tariff |
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| | providing for different fees for different classes of foreign pornographic service |
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| | and for different circumstances. |
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| | (5) | Any licence issued by the appropriate licensing authority must require that any |
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| | material which falls within section [Definition of a foreign pornographic |
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| | service](1)(b) is provided in a manner which secures that persons under 18 will |
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| | not normally see or hear it. |
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| | (6) | The Secretary of State may by notice under this section require that any licence |
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| | issued by the appropriate licensing authority must contain requirements other |
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| | than that contained in subsection (5). |
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| | (7) | No licence issued by the appropriate licensing authority may stipulate a condition |
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| | other than one required under subsection (5) or subsection (6). |
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| | (8) | The appropriate licensing authority may— |
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| | (a) | decline to issue a licence to a foreign pornographic service if that service |
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| | is in breach of any requirement under subsection (5) or (6); or |
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| | (b) | revoke a licence to provide a foreign pornographic service if that service |
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| | is in breach of any requirement under subsection (5) or (6). |
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| | (9) | Unless revoked under section (8) above, a licence shall remain in force for one |
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| | year or for such shorter period as the appropriate licensing authority on the grant |
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| | of the licence may determine. |
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| | (10) | The appropriate licensing authority may transfer any licence granted by them to |
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| | such other person as they think fit. |
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| | (11) | The Secretary of State may by notice under this section designate any body to be |
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| | the appropriate licensing authority. |
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| | (12) | The Secretary of State shall not make any designation under this section unless |
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| | he is satisfied that adequate arrangements will be made by the designated body |
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| | for an appeal by any person against— |
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| | (a) | a refusal by the appropriate licensing authority to issue a licence to that |
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| | (b) | a decision by the appropriate licensing authority to revoke a licence |
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| | Parliamentary procedure for designation |
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| To move the following Clause:— |
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| | ‘(1) | Where the Secretary of State proposes to make a designation under section |
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| | [Licensing of foreign pornographic services](11) of this Act, he shall lay |
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| | particulars of his proposal before both Houses of Parliament and shall not make |
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| | the proposed designation until after the end of the period of 40 days beginning |
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| | with the day on which the particulars of his proposal were so laid. |
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| | (2) | If, within the period mentioned in subsection (1) above, either House resolves that |
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| | the Secretary of State should not make the proposed designation, the Secretary of |
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| | State shall not do so, but without prejudice to his power to lay before Parliament |
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| | particulars of further proposals in accordance with that subsection. |
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| | (3) | For the purposes of subsection (1) above— |
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| | (a) | where particulars of a proposal are laid before each House of Parliament |
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| | on different days, the later day shall be taken to be the day on which the |
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| | particulars were laid before both Houses; and |
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| | (b) | in reckoning any period of 40 days, no account shall be taken of any time |
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| | during which Parliament is dissolved or prorogued or during which both |
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| | Houses are adjourned for more than four days.’. |
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| To move the following Clause:— |
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| | ‘A person guilty of an offence under section [Licensing of foreign pornographic |
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| | services](1) shall be liable, on summary conviction, to imprisonment for a term |
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| | not exceeding six months or a fine not exceeding level 5 on the standard scale or |
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| | |
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| |
| |
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| | Unduly lenient sentences: time limit |
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| |
| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 1988 is amended as follows. |
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| | (2) | In Schedule 3, paragraph 1, after “within” leave out “28” and insert “42”.’. |
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| |
| | Unduly lenient sentences: time limit (No. 2) |
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| |
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| | |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 1988 is amended as follows. |
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| | (2) | In Schedule 3, paragraph 1, after “within” leave out “28” and insert “56”.’. |
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| |
| | Unduly lenient sentences: time limit (No. 2) |
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| |
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| | |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 1988 is amended as follows. |
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| | (2) | In Schedule 3, paragraph 1, after “within” leave out “28” and insert “70”.’. |
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| |
| | Unduly lenient sentences: time limit (No. 4) |
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| |
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| | |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 1988 is amended as follows. |
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| | (2) | In Schedule 3, paragraph 1, leave out “28” and insert “90”.’. |
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| | Raising the retirement age for JPs to 75 |
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| |
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| | |
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| To move the following Clause:— |
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| | ‘(1) | Section 13 of the Courts Act 2003 is amended as follows. |
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| | (2) | In subsection (2), leave out “70” and insert “75”. |
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| | (3) | In subsection (3)(a), leave out “70” and insert “75”. |
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| | (4) | (a) after “reaches”, leave out “70” and insert “75”.’. |
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| |
| | Raising the retirement age for judges to 75 |
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| |
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| To move the following Clause:— |
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| | ‘(1) | Section 26 of the Judicial Pensions and Retirement Act 1993 is amended as |
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| | |
| | (2) | In subsection (1), leave out “70” and insert “75”. |
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| | (3) | In subsection (4), leave out “70” and insert “75”. |
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| | (4) | In subsection (5), leave out the words “and not extending beyond the day on |
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| | which the person attains the age of 75”. |
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| | (5) | In subsection (6), leave out the words “and not extending beyond the day on |
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| | which the person attains the age of 75”. |
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| | (6) | In subsection (7), leave out “70” and insert “75”.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 255A of the Criminal Justice Act 2003 is amended as follows. |
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| | (2) | After subsection 4, insert— |
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| | “(4A) | A person is not suitable for automatic release if— |
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| | (a) | he is an extended sentence prisoner or a specified offence |
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| | |
| | (b) | in a case where paragraph (a) does not apply, he was recalled |
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| | under section 254 before the normal entitlement date (having |
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| | been released before that date under section 246 or 248); or |
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|