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Lords Amendments to the Criminal Justice and Courts Bill


 
 

 

LORDS amendments to the

Criminal Justice and Courts Bill

[The page and line references are to HL Bill 30, the bill as first printed for the Lords.]

Clause 2

Page 3, line 22, leave out “, (4), (5) and (6)” and insert “and (4)”

Clause 3

Page 4, line 11, at end insert—

“( )    

Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the

law of Scotland, Northern Ireland or a member State other than the United

Kingdom listed for the purposes of sections 224A(4) and 226A of that Act)

is amended as follows.

( )    

In paragraph 49, for “An offence” substitute “A civilian offence”.

( )    

After paragraph 49 insert—

“49A      

A member State service offence which, if committed in England

and Wales at the time of the conviction, would have constituted

an offence specified in Part 1 or 2 of this Schedule.

49B      

In this Part of this Schedule—

“civilian offence” means an offence other than an offence

described in Part 3 of this Schedule or a member State

service offence;

“member State service offence” means an offence which was

the subject of proceedings under the law of a member

State, other than the United Kingdom, governing all or

any of the naval, military or air forces of that State.””

Page 4, line 21, leave out “this section” and insert “subsections (2) to (5)”

After Clause 4

Insert the following new Clause—

 
Bill 12055/4

 
 

2

 
 

“Minor amendments

 

(1)    

In section 224A of the Criminal Justice Act 2003 (life sentence for second

 

listed offence), at the end insert—

 

“(12)    

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 must be taken for the purposes of subsections (1)(b) and

 

(4)(a) to have been committed on the last of those days.”

 

(2)    

In section 232A of that Act (certificates of conviction), for “section 224A”

 

substitute “sections 224A and 226A”.

 

(3)    

In section 218A of the Armed Forces Act 2006 (life sentence for second

 

listed offence), at the end insert—

 

“(8)    

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 must be taken for the purposes of subsections (1)(c) and

 

(5)(a) to have been committed on the last of those days.””

After Clause 6

Insert the following new Clause—

“Recall adjudicators

(1)    

After section 239 of the Criminal Justice Act 2003 insert—

“239A

Recall adjudicators

(1)    

In this Chapter, “recall adjudicator” means a person for the time

being appointed as such by the Secretary of State.

(2)    

The Secretary of State may appoint the Board or another person.

(3)    

The Secretary of State may, in particular, appoint a person—

(a)    

to carry out all or only some of the functions of a recall

adjudicator;

(b)    

to carry out such functions only in relation to a specified

area;

(c)    

to carry out such functions only in relation to a specified

description of case.

(4)    

The Secretary of State may make rules with respect to the

proceedings of recall adjudicators.

(5)    

The Secretary of State may appoint a recall adjudicator (referred to

in this section as “the chief recall adjudicator”) to oversee the

activities of recall adjudicators.

(6)    

The chief recall adjudicator may, in particular—

(a)    

issue guidance with respect to the carrying out of the

functions of recall adjudicators, and

(b)    

make recommendations to the Secretary of State about the

termination of appointments under this section.

(7)    

Before issuing guidance the chief recall adjudicator must consult

the recall adjudicators and the Secretary of State.


 
 

3

 
 

(8)    

A recall adjudicator must carry out his or her functions in

 

accordance with guidance issued from time to time by the chief

 

recall adjudicator.

 

(9)    

The Secretary of State may make payments to a recall adjudicator.

 

(10)    

A person is not to be regarded as acting on behalf of the Crown, or

 

as enjoying any status, immunity or privilege of the Crown, by

 

virtue of an appointment under this section.”

 

(2)    

The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003

 

(release etc of fixed-term prisoners) in section 7 of this Act confer functions

 

on recall adjudicators in connection with the release of fixed-term prisoners

 

following their recall.

 

(3)    

Schedule (Recall adjudicators: further provision) to this Act contains further

 

provision relating to recall adjudicators.”

Clause 7

Page 7, line 13, after “(4)” insert “—

(i)    

Page 7, line 14, at end insert “and

(ii)    

for “the Board” substitute “a recall adjudicator”,”

Page 7, line 16, leave out “Board” and insert “recall adjudicator”

Page 7, line 24, leave out “Board” and insert “recall adjudicator”

Page 7, line 25, leave out “the Board is”

Page 7, line 28, leave out “Board” and insert “recall adjudicator”

Page 7, line 30, leave out “Board” and insert “recall adjudicator”

Page 7, line 32, leave out “Board” and insert “recall adjudicator”

Page 7, line 47, at end insert—

“( )    

in subsection (4), for “the Board” substitute “a recall adjudicator”,”

Page 8, line 2, leave out “Board” and insert “recall adjudicator”

Page 8, line 10, leave out “Board” and insert “recall adjudicator”

Page 8, line 11, leave out “the Board is”

Page 8, line 13, leave out “Board” and insert “recall adjudicator”

Page 8, line 15, leave out “Board” and insert “recall adjudicator”

Page 8, line 17, leave out “Board” and insert “recall adjudicator”

Page 8, line 25, leave out “the Board” and insert “a recall adjudicator”

Page 8, line 27, leave out “the Board” and insert “a recall adjudicator”

Page 8, line 31, leave out “Board” and insert “recall adjudicator”

Page 8, line 34, leave out “Board” and insert “recall adjudicator”

Page 8, line 40, after “(2)” insert “—

(i)    


 
 

4

 
 

Page 8, line 40, at end insert “and

 

(ii)    

for “the Board” substitute “a recall adjudicator”,”

 

Page 8, line 40, at end insert—

 

“( )    

in subsection (3), for “The Board” substitute “A recall adjudicator”,”

 

Page 8, line 41, after “(4)” insert “—

 

(i)    

for “Board” substitute “recall adjudicator”, and

 

(ii)    

 

Page 9, line 2, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 3, leave out “the Board is”

 

Page 9, line 5, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 7, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 10, leave out “Board” and insert “recall adjudicator”

Clause 8

Page 9, line 36, leave out “Board” and insert “recall adjudicator”

Clause 13

Page 14, line 28, at end insert—

“( )    

In section 250 of the Criminal Justice Act 2003 (licence conditions), for

subsection (5A) substitute—

“(5A)    

Subsection (5B) applies to a licence granted, either on initial release

or after recall to prison, to a prisoner serving an extended sentence

imposed under section 226A or 226B, other than a sentence that

meets the conditions in section 246A(2) (release without direction of

the Board).

(5B)    

The Secretary of State must not—

(a)    

include a condition referred to in subsection (4)(b)(ii) in the

licence, either on release or subsequently, or

(b)    

vary or cancel any such condition included in the licence,

    

unless the Board directs the Secretary of State to do so.”

( )    

In section 260(2B) of the Criminal Justice Act 2003 (early removal from

prison of extended sentence prisoners liable to removal from United

Kingdom), for “section 246A” substitute “this Chapter”.”

After Clause 16

Insert the following new Clause—

“Alternatives to prosecution: rehabilitation of offenders in Scotland

In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for

spent alternatives to prosecution: Scotland), at the end insert—

“9  (1)  

The powers conferred on the Scottish Ministers by—

(a)    

paragraph 6, and


 
 

5

 
 

(b)    

section 7(4), as applied by paragraph 8,

 

            

may be exercised to make provision relating to reserved matters

 

and are not subject to the restrictions imposed by section 29(2)(b)

 

or (c) of, or Schedule 4 to, the Scotland Act 1998.

 

      (2)  

In this paragraph, “reserved matters” has the same meaning as in

 

the Scotland Act 1998.””

Clause 19

Page 19, line 34, at end insert—

“( )    

A person is not a care provider for the purposes of section 18 to the extent

that the person carries out a function of a local authority in England

mentioned in subsection (1) in respect of which either of the following has

effect—

(a)    

a direction under section 15(6)(a) of the Local Government Act 1999

(power of Secretary of State to direct functions of a best value

authority to be carried out by another person);

(b)    

a direction under section 497A(4) or (4A) of the Education Act 1996

(power of Secretary of State to direct certain functions to be carried

out by another person).”

Page 20, line 3, at end insert—

“( )    

A person is not a care provider for the purposes of section 18 to the extent

that the person carries out a function of a local authority in Wales

mentioned in subsection (3) in respect of which any of the following has

effect—

(a)    

a direction under section 29(6)(a) of the Local Government (Wales)

Measure 2009 (nawm 2) (power of Welsh Ministers to direct certain

functions of a Welsh improvement authority to be carried out by

another person);

(b)    

a direction under section 25 or 26 of the School Standards and

Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers

to direct education functions to be carried out by another person);

(c)    

a direction under section 154 or 155 of the Social Services and Well-

Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to

direct social services functions to be carried out by another

person).”

Page 20, line 3, at end insert—

“( )    

A registered adoption society or registered adoption support agency is not

a care provider for the purposes of section 18 to the extent that it provides

adoption support services (as defined in section 2(6) of the Adoption and

Children Act 2002).”

Page 20, line 11, at end insert—

““registered adoption society” means an adoption society (as defined

in section 2 of the Adoption and Children Act 2002) which is a

voluntary organisation (as defined in that section) and in respect of

which a person is registered under Part 2 of the Care Standards Act

2000;

“registered adoption support agency” means an adoption support

agency (as defined in section 8 of the Adoption and Children Act


 
 

6

 
 

2002) in respect of which a person is registered under Part 2 of the

 

Care Standards Act 2000.”

Clause 23

Page 22, line 7, after “constable” insert “listed in subsection (3)”

Page 22, leave out line 13 and insert—

“(3)    

The police constables referred to in subsection (1) are—”

Page 22, line 14, at end insert “in England and Wales”

Page 22, line 15, at end insert “in England and Wales”

Page 22, line 19, leave out from “designated” to “as” in line 20 and insert “under

section 9 or 10 of the Crime and Courts Act 2013”

Page 23, line 5, leave out “England and Wales or in the adjacent” and insert “the

United Kingdom or in”

Page 23, line 15, at end insert “in England and Wales or Northern Ireland”

Clause 25

Page 23, line 36, leave out from “had” to end of line 43 and insert “at least one

relevant conviction (see section 1ZA)”

Page 24, line 1, leave out from beginning to “the” in line 2 and insert “Where this

subsection applies,”

Page 24, line 5, after “offence” insert “, to the previous offence”

Page 24, line 11, at end insert­—

“(2CA)    

In considering whether it is of the opinion mentioned in subsection

(2B) in the case of a person aged 16 or 17, the court must have regard

to its duty under section 44 of the Children and Young Persons Act

1933 (general considerations).

(2CB)    

Where—

(a)    

an appropriate custodial sentence has been imposed on a

person under subsection (2B), and

(b)    

a relevant conviction without which subsection (2B) would

not have applied has been subsequently set aside on appeal,

    

notice of appeal against the sentence may be given at any time

within 28 days from the date on which the conviction was set aside

(despite anything in section 18 of the Criminal Appeal Act 1968

(initiating procedure)).”

Page 24, line 18, leave out “(2B)(a)” and insert “(2C)(a)”

Page 24, line 21, at end insert—

“( )    

After section 1 insert—

“1ZA  

Offence under section 1: previous relevant convictions

(1)    

For the purposes of section 1, “relevant conviction” means—

(a)    

a conviction for an offence under—

(i)    

section 1 or 1A of this Act, or


 
 

7

 
 

(ii)    

section 139, 139A or 139AA of the Criminal Justice

 

Act 1988,

 

    

(a “relevant offence”), whenever committed,

 

(b)    

a conviction in Scotland, Northern Ireland or a member

 

State other than the United Kingdom for a civilian offence,

 

whenever committed, which would have constituted a

 

relevant offence if committed in England and Wales at the

 

time of that conviction,

 

(c)    

a conviction for an offence under section 42 of the Armed

 

Forces Act 2006, whenever committed, in respect of which

 

the corresponding offence under the law of England and

 

Wales (within the meaning of that section) is a relevant

 

offence,

 

(d)    

a conviction for an offence under section 70 of the Army Act

 

1955, section 70 of the Air Force Act 1955 or section 42 of the

 

Naval Discipline Act 1957, whenever committed, in respect

 

of which the corresponding civil offence (within the

 

meaning of the Act in question) is a relevant offence, and

 

(e)    

a conviction for a member State service offence, whenever

 

committed, which would have constituted a relevant

 

offence if committed in England and Wales at the time of

 

conviction.

 

(2)    

In this section—

 

“civilian offence” means an offence other than—

 

(a)    

an offence under an enactment mentioned in

 

subsection (1)(c) or (d), or

 

(b)    

a member State service offence;

 

“conviction” includes—

 

(a)    

in relation to an offence under section 42 of the

 

Armed Forces Act 2006, anything which by virtue of

 

section 376(1) and (2) of that Act is to be treated as a

 

conviction and

 

(b)    

in relation to an offence under section 42 of the

 

Naval Discipline Act 1957 and a member State

 

service offence, a finding of guilt in respect of the

 

person;

 

“member State service offence” means an offence which was

 

the subject of proceedings under the law of a member State,

 

other than the United Kingdom, governing all or any of the

 

naval, military or air forces of that State.

 

(3)    

For the purposes of subsection (1)(c) and (d), where the offence was

 

committed by aiding, abetting, counselling or procuring, it must be

 

assumed that the act aided, abetted, counselled or procured was

 

done in England and Wales.””

 

Page 24, leave out line 26 and insert—

 

“(a)    

a person is convicted of an offence under subsection (1) by a court

 

in England and Wales,

 

(aa)    

the offence was”

 

Page 24, line 29, leave out from “had” to end of line 35 and insert “at least one

 

relevant conviction (see section 139AZA)”


 
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