Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

Report Stage Proceedings: 17 June 2014                  

20

 

Criminal Justice and Courts Bill, continued

 
 

matters.

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Negatived on division  23

 

Page  55,  line  12,  leave out Clause 55

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  24

 

Clause  55,  page  55,  line  16,  leave out “must” and insert “may”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  25

 

Clause  55,  page  55,  line  18,  leave out “not” and insert “decide not to”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  26

 

Clause  55,  page  55,  line  20,  leave out “highly likely” and insert “inevitable”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  27

 

Clause  55,  page  55,  line  31,  leave out “highly likely” and insert “inevitable”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  28

 

Clause  55,  page  55,  line  32,  leave out “must” and insert “may”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  29

 

Clause  55,  page  55,  line  35,  leave out “conduct (or alleged conduct) of the

 

defendant” and insert “procedural defect”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  30

 

Clause  55,  page  56,  line  15,  leave out “conduct (or alleged conduct) of the

 

respondent” and insert “procedural defect”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  31

 

Clause  55,  page  56,  line  19,  leave out “highly likely” and insert “inevitable”


 
 

Report Stage Proceedings: 17 June 2014                  

21

 

Criminal Justice and Courts Bill, continued

 
 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  32

 

Clause  55,  page  56,  line  21,  leave out “must” and insert “may”

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  33

 

Page  56,  line  28,  leave out Clause 56

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  34

 

Page  57,  line  25,  leave out Clause 57

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Negatived on division  35

 

Page  58,  line  2,  leave out Clause 58

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  36

 

Clause  58,  page  58,  line  11,  leave out subsections (4) and (5)

 

Dr Julian Huppert

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  51

 

Clause  58,  page  58,  line  11,  leave out subsections (4), (5) and (6) and insert—

 

“(4)    

On an application to the High Court or the Court of Appeal by a relevant party to

 

the proceedings, the court may order the intervener to pay such costs as the court

 

considers just.

 

(5)    

An order under subsection (4) will not be considered just unless exceptional

 

circumstances apply.

 

(6)    

For the purposes of subsection (5), exceptional circumstances include where an

 

intervener has in substance acted as if it were the principal applicant, appellant or

 

respondent in the case.”


 
 

Report Stage Proceedings: 17 June 2014                  

22

 

Criminal Justice and Courts Bill, continued

 
 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  37

 

Clause  58,  page  58,  line  18,  leave out “or (5)”

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  38

 

Page  58,  line  34,  leave out Clause 59

 

Dr Hywel Francis

 

Andy Slaughter

 

Dan Jarvis

 

Not called  42

 

Clause  59,  page  58,  line  41,  leave out “only if leave to apply for judicial review has

 

been granted” and insert “at any stage of the proceedings.”

 

Mr Andy Slaughter

 

Dan Jarvis

 

Dr Hywel Francis

 

Not called  39

 

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

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  40

 

Page  60,  line  11,  leave out Clause 60

 

Dr Hywel Francis

 

Andy Slaughter

 

Dan Jarvis

 

Not called  44

 

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

 

Dr Julian Huppert

 

Sarah Teather

 

Not called  41

 

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

 


 

Secretary Chris Grayling

 

Agreed to  1

 

Page  61,  line  10,  leave out Clause 62

 

Member’s explanatory statement

 

It is proposed to move the amendments made by clause 62 to section 288 of the Town and Country


 
 

Report Stage Proceedings: 17 June 2014                  

23

 

Criminal Justice and Courts Bill, continued

 
 

Planning Act 1990 into a new Schedule (see new Schedule NS3). That amendment also brings the

 

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

 

procedure for England

 


 

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

 

Anne-Marie Morris

 

Tim Loughton

 

Read a second time on division and added  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.


 
 

Report Stage Proceedings: 17 June 2014                  

24

 

Criminal Justice and Courts Bill, continued

 
 

(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.

 

(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


 
 

Report Stage Proceedings: 17 June 2014                  

25

 

Criminal Justice and Courts Bill, continued

 
 

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

 

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.”.”

 



 
 

Report Stage Proceedings: 17 June 2014                  

26

 

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

 

Anne-Marie Morris

 

Tim Loughton

 

Not called  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.


 
previous section contents continue
 

© Parliamentary copyright
Revised 18 June 2014