Session 2014 - 15
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Other Bills before Parliament


 
 

Notices of Amendments: 6 June 2014                     

14

 

Criminal Justice and Courts Bill, continued

 
 

Mr Andy Slaughter

 

Dan Jarvis

 

Dr Hywel Francis

 

39

 

Clause  59,  page  59,  line  32,  leave out subsections (9) to (11)

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

40

 

Page  60,  line  11,  leave out Clause 60

 

Dr Hywel Francis

 

44

 

Clause  60,  page  60,  line  29,  leave out “must” and insert “should normally”

 

Dr Julian Huppert

 

Sarah Teather

 

41

 

Clause  60,  page  60,  line  31,  leave out subsections (3) to (5)

 


 

Secretary Chris Grayling

 

1

 

Page  61,  line  10,  leave out Clause 62

 

Member’s explanatory statement

 

It is proposed to move the amendments made by clause 59 to section 288 of the Town and Country

 

Planning Act 1990 into a new Schedule (see amendment NS1). That amendment also brings the

 

proposed procedure for applications under section 288 for Wales into line with the proposed

 

procedure for England

 



 
 

Notices of Amendments: 6 June 2014                     

15

 

Criminal Justice and Courts Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO OFFENCES OF POSSESSING OR

 

USING OFFENSIVE WEAPONS; REMAINING NEW CLAUSES AND NEW SCHEDULES;

 

AMENDMENTS TO PART 5; REMAINING PROCEEDINGS ON CONSIDERATION

 

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 Woolaston

 

Mr James Gray

 

Mr Douglas Carswell

 

Charlotte Leslie

 

Andrew Bridgen

 

Tim Loughton

 

Chris Kelly

 

Chris Heaton-Harris

 

NC6

 

To move the following Clause—

 

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

 

sentencing for second offences for those aged 16 or over

 

(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),

 

(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.


 
 

Notices of Amendments: 6 June 2014                     

16

 

Criminal Justice and Courts Bill, continued

 
 

(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.

 

(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.”


 
 

Notices of Amendments: 6 June 2014                     

17

 

Criminal Justice and Courts Bill, continued

 
 

(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 June 2014                     

18

 

Criminal Justice and Courts Bill, continued

 
 

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

 

Andrew Bridgen

 

Tim Loughton

 

Chris Kelly

 

Chris Heaton-Harris

 

NC7

 

To move the following Clause—

 

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

 

sentencing for second offences for those aged 18 or over

 

(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.


 
 

Notices of Amendments: 6 June 2014                     

19

 

Criminal Justice and Courts Bill, continued

 
 

(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—

 

(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.


 
 

Notices of Amendments: 6 June 2014                     

20

 

Criminal Justice and Courts Bill, continued

 
 

(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.”.”

 


 

Ann Coffey

 

 

NC8

 

To move the following Clause—

 

“Giving evidence at remote sites

 

(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.”.”

 



 
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