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| Criminal Justice and Courts Bill, As Amended
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING: DRIVING |
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| OFFENCES; DETERMINATION OF THE MINIMUM TERM IN RELATION TO MANDATORY |
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| LIFE SENtENCES; COMMITTAL OF YOUNG OFFENDERS TO THE CROWN COURT FOR |
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| | Offences committed by disqualified drivers |
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| To move the following Clause:— |
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| | ‘(1) | After section 3ZB of the Road Traffic Act 1988 insert— |
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| | “3ZC | Causing death by driving: disqualified drivers |
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| | A person is guilty of an offence under this section if he or she— |
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| | (a) | causes the death of another person by driving a motor vehicle on |
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| | (b) | at that time, is committing an offence under section 103(1)(b) of |
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| | this Act (driving while disqualified). |
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| | 3ZD | Causing serious injury by driving: disqualified drivers |
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| | (1) | A person is guilty of an offence under this section if he or she— |
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| | (a) | causes serious injury to another person by driving a motor |
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| | (b) | at that time, is committing an offence under section 103(1)(b) of |
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| | this Act (driving while disqualified). |
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| | (2) | In this section “serious injury” means— |
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| | (a) | in England and Wales, physical harm which amounts to grievous |
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| | bodily harm for the purposes of the Offences against the Person |
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| | (b) | in Scotland, severe physical injury.” |
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| | (2) | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
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| | punishment of offences under the Traffic Acts) at the appropriate place insert— |
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| | (3) | In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 |
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| | relating to an offence under section 3ZD of the Road Traffic Act 1988— |
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| | (a) | in relation to an offence committed before section 154(1) of the Criminal |
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| | Justice Act 2003 comes into force, the reference in column 4 to 12 |
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| | months on summary conviction in England and Wales is to be read as a |
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| | reference to 6 months, and |
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| | (b) | in relation to an offence committed before section 85 of the Legal Aid, |
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| | Sentencing and Punishment of Offenders Act 2012 comes into force, the |
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| | reference in column 4 to a fine on summary conviction in England and |
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| | Wales is to be read as a reference to the statutory maximum. |
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| | (4) | Schedule (Offences committed by disqualified drivers: further amendments) |
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| | contains further amendments relating to the offences under sections 3ZC and 3ZD |
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| | of the Road Traffic Act 1988. |
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| | (5) | The amendments made by this section and Schedule (Offences committed by |
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| | disqualified drivers: further amendments) have effect only in relation to driving |
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| | which occurs after they come into force.’. |
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| | Penalty for driving while disqualified |
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| | Negatived on division NC22 |
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| To move the following Clause:— |
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| | ‘(1) | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
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| | punishment of offences under the Traffic Acts) in the entry relating to the offence |
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| | of obtaining licence, or driving, while disqualified, section 103(1)(b) of the Road |
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| | (a) | in column 3 leave out “6 months” and insert “12 months”; |
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| | (b) | in column 2 below “(c) On indictment, in Scotland”, insert “(d) On |
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| | indictment, in England and Wales”; and |
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| | (c) | in column 3 below “(c) 12 months or a fine or both” insert “(d) 2 years or |
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| | (2) | In relation to an offence committed before section 154(1) of the Criminal Justice |
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| | Act 2003 comes into force, the reference to 12 months is to be read as reference |
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| | (3) | The amendment made by this section applies only in relation to an offence |
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| | committed on or after the day on which it comes into force.’. |
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| To move the following Schedule:— |
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| | ‘Offences committed by disqualified drivers: further amendments |
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| | Road Traffic Act 1988 (c. 52) |
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| | 1 (1) | Section 3ZB of the Road Traffic Act 1988 (causing death by driving: |
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| | unlicensed, disqualified or uninsured drivers) is amended as follows. |
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| | (2) | Omit paragraph (b) (but not the “or” at the end). |
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| | (3) | In the heading, omit “, disqualified”. |
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| | Road Traffic Offenders Act 1988 (c. 53) |
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| | 2 | The Road Traffic Offenders Act 1988 is amended as follows. |
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| | 3 (1) | Section 24 (alternative verdicts: general) is amended as follows. |
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| | (a) | after paragraph (b) insert— |
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| | “(ba) | an offence under section 3ZC of that Act (causing death by |
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| | driving: disqualified drivers), |
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| | (bb) | an offence under section 3ZD of that Act (causing serious |
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| | injury by driving: disqualified drivers),”. |
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| | (3) | In the table in subsection (1), at the appropriate place insert— |
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| “Section 3ZC (causing death by |
| Section 103(1)(b) (driving while |
| | | | driving: disqualified drivers) |
| | | | | Section 3ZD (causing serious injury |
| Section 103(1)(b) (driving while |
| | | | by driving: disqualified drivers) |
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| | 4 | In section 34(4)(a) (disqualification for certain offences), after sub-paragraph |
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| | “(iib) | an offence under section 3ZC of that Act (causing |
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| | death by driving: disqualified drivers), or |
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| | (iic) | an offence under section 3ZD of that Act (causing |
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| | serious injury by driving: disqualified drivers), or”. |
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| | 5 (1) | Section 36(2) (disqualification until test is passed) is amended as follows. |
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| | (2) | At the end of paragraph (a) omit “or”. |
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| | (3) | For paragraph (b) substitute— |
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| | “(b) | an offence under section 1 of the Road Traffic Act 1988 |
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| | (causing death by dangerous driving), |
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| | (c) | an offence under section 1A of that Act (causing serious |
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| | injury by dangerous driving), |
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| | (d) | an offence under section 2 of that Act (dangerous driving), |
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| | (e) | an offence under section 3ZC of that Act (causing death by |
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| | driving: disqualified drivers), or |
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| | (f) | an offence under section 3ZD of that Act (causing serious |
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| | injury by driving: disqualified drivers).” |
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| | 6 | In section 45 (effect of endorsement of counterparts), for subsection (6) |
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| | “(6) | Where the offence was under one of the following sections of the Road |
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| | Traffic Act 1988, the endorsement remains effective until four years |
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| | have elapsed since the conviction— |
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| | (a) | section 1 (causing death by dangerous driving), |
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| | (b) | section 1A (causing serious injury by dangerous driving), |
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| | (c) | section 2 (dangerous driving), |
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| | (d) | section 3ZC (causing death by driving: disqualified drivers), |
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| | (e) | section 3ZD (causing serious injury by driving: disqualified |
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| | 7 | In section 45A (effect of endorsement of driving records), for subsection (4) as |
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| | substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006 |
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| | (endorsement: all drivers), substitute— |
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| | “(4) | Where the offence was under one of the following sections of the Road |
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| | Traffic Act 1988, the endorsement remains effective until four years |
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| | have elapsed since the conviction— |
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| | (a) | section 1 (causing death by dangerous driving), |
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| | (b) | section 1A (causing serious injury by dangerous driving), |
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| | (c) | section 2 (dangerous driving), |
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| | (d) | section 3ZC (causing death by driving: disqualified drivers), |
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| | (e) | section 3ZD (causing serious injury by driving: disqualified |
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| | 8 (1) | The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) |
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| | (2) | In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second |
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| | column omit “, disqualified”. |
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| | (3) | After that entry insert— |
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| | Causing death by driving: |
| | | | | | | | | | | | Causing serious injury by |
| | | | | | driving: disqualified drivers |
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| | 9 | In the table in Part 1 of Schedule 2 (prosecution and punishment of offences |
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| | under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic |
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| | Act 1988, in column 2 omit “, disqualified”. |
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| | Crime (International Co-operation) Act 2003 (c. 32) |
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| | 10 (1) | Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 |
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| | (application of duty to give notice to foreign authorities of driving |
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| | disqualification of a non-UK resident) is amended as follows. |
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| | (2) | In sub-paragraph (ca) omit “, disqualified”. |
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| | (3) | After that sub-paragraph insert— |
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| | “(cb) | section 3ZC (causing death by driving: disqualified drivers), |
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| | (cc) | section 3ZD (causing serious injury by driving: disqualified |
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| | Criminal Justice Act 2003 (c. 44) |
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| | 11 | In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent |
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| | offences for the purposes of sentencing dangerous offenders), after paragraph |
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| | 48 (offence under section 1 of the Road Traffic Act 1988) insert— |
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| | “48A | An offence under section 3ZC of that Act (causing death by driving: |
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| | Coroners and Justice Act 2009 (c. 25) |
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| | 12 (1) | In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009 |
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| | (suspension of investigations where certain criminal charges may be brought), |
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| | in the definition of “homicide offence”, paragraph (b) is amended as follows. |
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| | (2) | In sub-paragraph (iii) omit “, disqualified”. |
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| | (3) | After that sub-paragraph insert— |
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| | “(iiia) | section 3ZC (causing death by driving: |
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| | disqualified drivers);”.’. |
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| | Term of imprisonment for murder of a police or prison officer |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in |
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| | relation to mandatory life sentence) is amended as follows. |
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| | (2) | In paragraph 4(2) (cases for which a whole life order is the appropriate starting |
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| | point), after paragraph (b) insert— |
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| | “(ba) | the murder of a police officer or prison officer in the course of |
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| | (3) | In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit |
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| | (4) | The amendments made by this section apply only in relation to an offence |
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| | committed on or after the day on which they come into force.’. |
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| | Committal for sentence of young offenders convicted of certain serious offences |
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| To move the following Clause:— |
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| | ‘(1) | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
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| | (2) | In section 3B (committal for sentence on indication of guilty plea by child or |
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| | young person), for subsection (1) substitute— |
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| | “(1) | This section applies where on the summary trial of an offence mentioned |
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| | in section 91(1) of this Act a person aged under 18 is convicted of the |
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| | (3) | For the heading of that section substitute “Committal for sentence of young |
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| | offenders on summary trial of certain serious offences”. |
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| | (4) | The amendment made by subsection (2) applies only if the person convicted of |
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| | the offence first appeared in respect of the offence after the day on which the |
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| | amendment comes into force. |
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| | (5) | For the purposes of subsection (4), a person first appears in respect of an offence |
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| | when the person first appears or is brought before a magistrates’ court in the |
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| | proceedings in which the person is charged with the offence.’. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:
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| treatment, release and recall of prisoners; adult cautions; offences of |
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| sexual grooming of children or abduction of children; armed forces; |
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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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| | (c) | in a case where neither of the proceeding paragraphs applies, he |
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| | has, during the same term of imprisonment, already been |
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| | released under section 255B(1)(b) or (2) or section 255C(2).’. |
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| | Tagged curfew on remand not to count towards time served |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
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| | (2) | In subsection (1B)(c) of section 237, leave out “or section 240A”. |
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| | (3) | In the italic heading before section 240, after “custody”, leave out “or on bail |
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| | subject to certain types of condition”. |
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| | (4) | Leave out section 240A.’. |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for which he is liable for deportation can be |
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| | moved to a Category D prison.’. |
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| | Resettlement licence: deportees |
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| | Negatived on division NC38 |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for which he is liable for deportation can be |
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| | eligible for resettlement licence.’. |
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