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Notices of Amendments: 8 May 2014                      

2057

 

Criminal Justice and Courts Bill, continued

 
 

(c)    

in a case where neither of the proceeding paragraphs applies, he

 

has, during the same term of imprisonment, already been

 

released under section 255B(1)(b) or (2) or section 255C(2).’.

 


 

Increasing magistrates’ sentencing powers to 12 months for one offence

 

Philip Davies

 

Mr David Nuttall

 

NC30

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 154 of the Criminal Justice Act 2003 shall come into force.

 

(2)    

Section 282 of the Criminal Justice Act 2003 shall come into force.’.

 


 

Tagged curfew not to count as time on remand

 

Philip Davies

 

Mr David Nuttall

 

NC31

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(2)    

In subsection (1B)(c) of section 237, leave out “or section 240A”.

 

(3)    

In the italic heading before section 240, after “custody”, leave out “or on bail

 

subject to certain types of condition”.

 

(4)    

Leave out section 240A.’.

 


 

Collection and provision to judges of information relating to re-offending

 

Philip Davies

 

Mr David Nuttall

 

NC32

 

Parliamentary Star    

To move the following Clause:—

 

‘The Lord Chancellor must—

 

(1)    

Arrange for the collection on an annual basis of statistics relating to re-

 

offending by defendants in criminal trials (excluding Magistrates Courts)

 

who have not received immediate custodial sentences on conviction and

 

who subsequently re-offend; and


 
 

Notices of Amendments: 8 May 2014                      

2058

 

Criminal Justice and Courts Bill, continued

 
 

(2)    

Provide information to the judge in each trial mentioned in (1) about the

 

further offence and sentence in the case of each such defendant case.’.

 


 

Sentencing escalator

 

Philip Davies

 

Mr David Nuttall

 

NC33

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Any person convicted of the same criminal offence on more than one occasion

 

must receive a longer custodial sentence for the second or subsequent offence

 

than his longest previous sentence for the same offence, unless the Court

 

considers it unjust to do so.

 

(2)    

Where the sentencing options for the current offence do not permit the court to

 

increase the sentence under the provisions of subsection (1) the court must

 

impose the maximum sentence available to it, unless the Court considers it unjust

 

to do so.

 

(3)    

In determining a sentence under subsection (1), a court shall not be bound by

 

section 125 (sentencing guidelines: duty of court) of the Coroners and Justice Act

 

2009.’.

 


 

Criminalising commercial squatting and squatting on land

 

Philip Davies

 

Mr David Nuttall

 

NC34

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

 

is amended as follows.

 

(2)    

In the heading, after “in”, leave out “a residential building” and insert “buildings

 

and on land”.

 

(3)    

In subsection (1)(a) after “a”, leave out “residential”, and after “building”, insert

 

“or on land”.

 

(4)    

In subsection (1)(c) after “building”, insert “or on the land”.

 

(5)    

In subsection (2) after “building”, add “or land”.

 

(6)    

Leave out subsection (3)(b) and insert “Land has the meaning defined in section

 

205(1)(ix) of the Law of Property Act 1925.

 

(7)    

After “building”, insert “or land”.

 

(8)    

(a) after “squatting in” leave out “a residential building” and insert “buildings and

 

on land”.’.

 



 
 

Notices of Amendments: 8 May 2014                      

2059

 

Criminal Justice and Courts Bill, continued

 
 

New form of joint enterprise offence

 

Philip Davies

 

Mr David Nuttall

 

NC35

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

 

(2)    

In the italic cross-heading before section 5, leave out all the words after “a” and

 

insert “person”.

 

(3)    

In subsection 1(a) leave out “child or vulnerable adult” and insert “person”.

 

(4)    

In subsection (1)(a) after “unlawful act of”, leave out to end of the subsection and

 

insert “someone” (“P”), where D was with P at the time of the unlawful act”.

 

(5)    

Leave out subsection (1)(b).

 

(6)    

Leave out subsection (3).

 

(7)    

Leave out subsection (4).

 

(8)    

In subsection 6 leave out the definitions of “child” and “vulnerable adult”.’.

 


 

Intentional harassment, alarm or distress

 

Philip Davies

 

Mr David Nuttall

 

NC36

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 4A of the Public Order Act 1986 is amended as follows.

 

(2)    

In subsection (1)(a) leave out “, abusive or insulting” and insert “or abusive”.

 

(3)    

In subsection (1)(b) leave out “, abusive or insulting” and insert “or abusive”.’.

 


 

Secretary Chris Grayling

 

2

 

Clause  63,  page  60,  line  34,  leave out ‘16’ and insert ‘16(1) to (4)’.

 

Member’s explanatory statement

 

This amendment is consequential on the insertion of subsection (5) of clause 16 (which was

 

inserted in Public Bill Committee).

 

Secretary Chris Grayling

 

3

 

Clause  63,  page  60,  leave out line 35.

 

Member’s explanatory statement

 

This amendment and amendment 4 are required so that the amendments in Part 5 of Schedule 4

 

(further amendments relating to contracting-out secure colleges) have the same territorial extent

 

as the legislation that they amend (see clause 63(1)).


 
 

Notices of Amendments: 8 May 2014                      

2060

 

Criminal Justice and Courts Bill, continued

 
 

Secretary Chris Grayling

 

4

 

Clause  63,  page  60,  line  37,  at beginning insert ‘Parts 1 to 4 of’.

 


 

Secretary Chris Grayling

 

7

 

Title,  line  2,  after ‘conviction;’ insert ‘to make provision about offences committed by

 

disqualified drivers;’.

 

 

Order of the House [24 February 2014]

 

That the following provisions shall apply to the Criminal Justice and Courts Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 1 April 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other Proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

CRIMINAL JUSTICE AND COURTS BILL (PROGRAMME (NO. 2))

 

Secretary Chris Grayling

 

That the Order of 24 February 2014 (Criminal Justice and Courts Bill (Programme)) be

 

varied as follows—

 

1.    

Paragraphs (4) and (5) of the Order shall be omitted.

 

2.    

Proceedings on Consideration and Third Reading shall be taken in two days

 

in accordance with the following provisions of this Order.

 

3.    

Proceedings on Consideration shall be taken on the days shown in the first

 

column of the following Table and in the order so shown.


 
 

Notices of Amendments: 8 May 2014                      

2061

 

Criminal Justice and Courts Bill, continued

 
 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion at the times specified in the second column of the

 

Table.

 

        TABLE

 

Proceedings

Time for conclusion of

 
  

proceedings

 
 

First day

 
 

New Clauses and new Schedules relating to

7.00 pm

 
 

any of the following—

  
 

 (a) driving offences;

  
 

 (b) determination of the minimum term in

  
 

relation to mandatory life sentences;

  
 

 (c) committal of young offenders to the

  
 

Crown Court for sentence

  
 

New Clauses and new Schedules relating to

8.30 pm

 
 

any of the following—

  
 

 (a) treatment, release and recall of

  
 

prisoners;

  
 

 (b) adult cautions;

  
 

 (c) offences of sexual grooming of

  
 

children or abduction of children;

  
 

 (d) Armed Forces;

  
 

amendments to Part 1.

  
 

New Clauses and new Schedules relating to

10.00 pm

 
 

any of the following:

  
 

 (a) detention of young offenders;

  
 

 (b) youth cautions;

  
 

 (c) referral orders;

  
 

amendments to Part 2;

  
 

New Clauses and new Schedules relating to

  
 

any of the following—

  
 

 (a) trial in magistrates’ courts on the

  
 

papers;

  
 

 (b) charging offenders in respect of costs

  
 

of criminal courts;

  
 

 (c) collection of fines;

  
 

 (d) appeals in civil proceedings, other than

  
 

judicial review and challenges to planning-

  
 

related decisions;

  
 

 (e) wasted costs in civil proceedings;

  
 

 (f) contempt of court;

  
 

 (g) juries and members of the Court

  
 

Martial;

  
 

amendments to Part 3

  
 

Second day

 
 

New Clauses and new Schedules relating to

Two hours after

 
 

judicial review and challenges to planning-

commencement of

 
 

related decisions; amendments to Part 4

proceedings on Consideration

 
 

New Clauses and new Schedules relating to

One hour before the moment

 
 

offences of possessing or using offensive

of interruption

 
 

weapons; remaining new Clauses and new

  
 

Schedules; amendments to Part 5;

  
 

remaining proceedings on Consideration

  

 
 

Notices of Amendments: 8 May 2014                      

2062

 

Criminal Justice and Courts Bill, continued

 
 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on the second day.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 6 May 2014:

 

NC 4 and NC5.

 

The following Notices were withdrawn on 7 May 2014:

 

NC1.

 


 
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