House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 12 May 2014
2083

Criminal Justice and Courts Bill, continued

“(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;

(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.

Consideration of Bill: 12 May 2014
2084

Criminal Justice and Courts Bill, continued

(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.

(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

Consideration of Bill: 12 May 2014
2085

Criminal Justice and Courts Bill, continued

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.”.’.

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 Nuttall

Anne Marie Morris

Mr Brian Binley

Mr Peter Bone

Mr Richard Bacon

Karl McCartney

Sheryll Murray

Heather Wheeler

James Duddridge

James Morris

Sir Gerald Howarth

Simon Reevell

Stephen Barclay

Dr Sarah Wollaston

Mr James Gray

Mr Douglas Carswell

Charlotte Leslie

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.

Consideration of Bill: 12 May 2014
2086

Criminal Justice and Courts Bill, continued

(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

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—

Consideration of Bill: 12 May 2014
2087

Criminal Justice and Courts Bill, continued

(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

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;

Consideration of Bill: 12 May 2014
2088

Criminal Justice and Courts Bill, continued

(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.

(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.”.’.

Civil proceedings for cases of aggravated trespass

Mr Robert Buckland

NC16

To move the following Clause:—

‘(1)
The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)
In section 68, after subsection (5) insert—



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