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Criminal Justice and Courts Bill |
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[The page and line references are to HL Bill 30, the bill as first printed for the Lords.] |
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Page 3, line 22, leave out “, (4), (5) and (6)” and insert “and (4)” |
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Page 4, line 11, at end insert— |
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“( ) | Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the |
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law of Scotland, Northern Ireland or a member State other than the United |
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Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) |
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( ) | In paragraph 49, for “An offence” substitute “A civilian offence”. |
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( ) | After paragraph 49 insert— |
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“49A | A member State service offence which, if committed in England |
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and Wales at the time of the conviction, would have constituted |
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an offence specified in Part 1 or 2 of this Schedule. |
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49B | In this Part of this Schedule— |
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“civilian offence” means an offence other than an offence |
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described in Part 3 of this Schedule or a member State |
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“member State service offence” means an offence which was |
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the subject of proceedings under the law of a member |
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State, other than the United Kingdom, governing all or |
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any of the naval, military or air forces of that State.”” |
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Page 4, line 21, leave out “this section” and insert “subsections (2) to (5)” |
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Insert the following new Clause— |
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| (1) | In section 224A of the Criminal Justice Act 2003 (life sentence for second |
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| listed offence), at the end insert— |
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| “(12) | Where an offence is found to have been committed over a period of |
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| two or more days, or at some time during a period of two or more |
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| days, it must be taken for the purposes of subsections (1)(b) and |
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| (4)(a) to have been committed on the last of those days.” |
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| (2) | In section 232A of that Act (certificates of conviction), for “section 224A” |
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| substitute “sections 224A and 226A”. |
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| (3) | In section 218A of the Armed Forces Act 2006 (life sentence for second |
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| listed offence), at the end insert— |
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| “(8) | Where an offence is found to have been committed over a period of |
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| two or more days, or at some time during a period of two or more |
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| days, it must be taken for the purposes of subsections (1)(c) and |
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| (5)(a) to have been committed on the last of those days.”” |
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Insert the following new Clause— |
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(1) | After section 239 of the Criminal Justice Act 2003 insert— |
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“239A | Recall adjudicators |
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(1) | In this Chapter, “recall adjudicator” means a person for the time |
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being appointed as such by the Secretary of State. |
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(2) | The Secretary of State may appoint the Board or another person. |
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(3) | The Secretary of State may, in particular, appoint a person— |
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(a) | to carry out all or only some of the functions of a recall |
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(b) | to carry out such functions only in relation to a specified |
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(c) | to carry out such functions only in relation to a specified |
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(4) | The Secretary of State may make rules with respect to the |
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proceedings of recall adjudicators. |
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(5) | The Secretary of State may appoint a recall adjudicator (referred to |
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in this section as “the chief recall adjudicator”) to oversee the |
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activities of recall adjudicators. |
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(6) | The chief recall adjudicator may, in particular— |
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(a) | issue guidance with respect to the carrying out of the |
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functions of recall adjudicators, and |
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(b) | make recommendations to the Secretary of State about the |
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termination of appointments under this section. |
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(7) | Before issuing guidance the chief recall adjudicator must consult |
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the recall adjudicators and the Secretary of State. |
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| (8) | A recall adjudicator must carry out his or her functions in |
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| accordance with guidance issued from time to time by the chief |
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| (9) | The Secretary of State may make payments to a recall adjudicator. |
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| (10) | A person is not to be regarded as acting on behalf of the Crown, or |
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| as enjoying any status, immunity or privilege of the Crown, by |
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| virtue of an appointment under this section.” |
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| (2) | The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003 |
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| (release etc of fixed-term prisoners) in section 7 of this Act confer functions |
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| on recall adjudicators in connection with the release of fixed-term prisoners |
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| (3) | Schedule (Recall adjudicators: further provision) to this Act contains further |
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| provision relating to recall adjudicators.” |
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Page 7, line 13, after “(4)” insert “— |
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Page 7, line 14, at end insert “and |
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(ii) | for “the Board” substitute “a recall adjudicator”,” |
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Page 7, line 16, leave out “Board” and insert “recall adjudicator” |
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Page 7, line 24, leave out “Board” and insert “recall adjudicator” |
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Page 7, line 25, leave out “the Board is” |
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Page 7, line 28, leave out “Board” and insert “recall adjudicator” |
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Page 7, line 30, leave out “Board” and insert “recall adjudicator” |
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Page 7, line 32, leave out “Board” and insert “recall adjudicator” |
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Page 7, line 47, at end insert— |
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“( ) | in subsection (4), for “the Board” substitute “a recall adjudicator”,” |
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Page 8, line 2, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 10, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 11, leave out “the Board is” |
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Page 8, line 13, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 15, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 17, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 25, leave out “the Board” and insert “a recall adjudicator” |
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Page 8, line 27, leave out “the Board” and insert “a recall adjudicator” |
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Page 8, line 31, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 34, leave out “Board” and insert “recall adjudicator” |
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Page 8, line 40, after “(2)” insert “— |
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| Page 8, line 40, at end insert “and |
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| (ii) | for “the Board” substitute “a recall adjudicator”,” |
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| Page 8, line 40, at end insert— |
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| “( ) | in subsection (3), for “The Board” substitute “A recall adjudicator”,” |
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| Page 8, line 41, after “(4)” insert “— |
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| (i) | for “Board” substitute “recall adjudicator”, and |
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| Page 9, line 2, leave out “Board” and insert “recall adjudicator” |
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| Page 9, line 3, leave out “the Board is” |
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| Page 9, line 5, leave out “Board” and insert “recall adjudicator” |
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| Page 9, line 7, leave out “Board” and insert “recall adjudicator” |
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| Page 9, line 10, leave out “Board” and insert “recall adjudicator” |
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Page 9, line 36, leave out “Board” and insert “recall adjudicator” |
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Page 14, line 28, at end insert— |
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“( ) | In section 250 of the Criminal Justice Act 2003 (licence conditions), for |
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subsection (5A) substitute— |
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“(5A) | Subsection (5B) applies to a licence granted, either on initial release |
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or after recall to prison, to a prisoner serving an extended sentence |
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imposed under section 226A or 226B, other than a sentence that |
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meets the conditions in section 246A(2) (release without direction of |
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(5B) | The Secretary of State must not— |
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(a) | include a condition referred to in subsection (4)(b)(ii) in the |
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licence, either on release or subsequently, or |
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(b) | vary or cancel any such condition included in the licence, |
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| unless the Board directs the Secretary of State to do so.” |
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( ) | In section 260(2B) of the Criminal Justice Act 2003 (early removal from |
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prison of extended sentence prisoners liable to removal from United |
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Kingdom), for “section 246A” substitute “this Chapter”.” |
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Insert the following new Clause— |
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“Alternatives to prosecution: rehabilitation of offenders in Scotland |
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In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for |
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spent alternatives to prosecution: Scotland), at the end insert— |
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“9 (1) | The powers conferred on the Scottish Ministers by— |
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| (b) | section 7(4), as applied by paragraph 8, |
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| | may be exercised to make provision relating to reserved matters |
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| and are not subject to the restrictions imposed by section 29(2)(b) |
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| or (c) of, or Schedule 4 to, the Scotland Act 1998. |
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| (2) | In this paragraph, “reserved matters” has the same meaning as in |
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Page 19, line 34, at end insert— |
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“( ) | A person is not a care provider for the purposes of section 18 to the extent |
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that the person carries out a function of a local authority in England |
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mentioned in subsection (1) in respect of which either of the following has |
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(a) | a direction under section 15(6)(a) of the Local Government Act 1999 |
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(power of Secretary of State to direct functions of a best value |
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authority to be carried out by another person); |
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(b) | a direction under section 497A(4) or (4A) of the Education Act 1996 |
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(power of Secretary of State to direct certain functions to be carried |
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Page 20, line 3, at end insert— |
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“( ) | A person is not a care provider for the purposes of section 18 to the extent |
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that the person carries out a function of a local authority in Wales |
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mentioned in subsection (3) in respect of which any of the following has |
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(a) | a direction under section 29(6)(a) of the Local Government (Wales) |
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Measure 2009 (nawm 2) (power of Welsh Ministers to direct certain |
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functions of a Welsh improvement authority to be carried out by |
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(b) | a direction under section 25 or 26 of the School Standards and |
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Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers |
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to direct education functions to be carried out by another person); |
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(c) | a direction under section 154 or 155 of the Social Services and Well- |
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Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to |
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direct social services functions to be carried out by another |
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Page 20, line 3, at end insert— |
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“( ) | A registered adoption society or registered adoption support agency is not |
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a care provider for the purposes of section 18 to the extent that it provides |
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adoption support services (as defined in section 2(6) of the Adoption and |
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Page 20, line 11, at end insert— |
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““registered adoption society” means an adoption society (as defined |
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in section 2 of the Adoption and Children Act 2002) which is a |
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voluntary organisation (as defined in that section) and in respect of |
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which a person is registered under Part 2 of the Care Standards Act |
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“registered adoption support agency” means an adoption support |
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agency (as defined in section 8 of the Adoption and Children Act |
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| 2002) in respect of which a person is registered under Part 2 of the |
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| Care Standards Act 2000.” |
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Page 22, line 7, after “constable” insert “listed in subsection (3)” |
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Page 22, leave out line 13 and insert— |
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“(3) | The police constables referred to in subsection (1) are—” |
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Page 22, line 14, at end insert “in England and Wales” |
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Page 22, line 15, at end insert “in England and Wales” |
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Page 22, line 19, leave out from “designated” to “as” in line 20 and insert “under |
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section 9 or 10 of the Crime and Courts Act 2013” |
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Page 23, line 5, leave out “England and Wales or in the adjacent” and insert “the |
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Page 23, line 15, at end insert “in England and Wales or Northern Ireland” |
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Page 23, line 36, leave out from “had” to end of line 43 and insert “at least one |
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relevant conviction (see section 1ZA)” |
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Page 24, line 1, leave out from beginning to “the” in line 2 and insert “Where this |
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Page 24, line 5, after “offence” insert “, to the previous offence” |
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Page 24, line 11, at end insert— |
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“(2CA) | In considering whether it is of the opinion mentioned in subsection |
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(2B) in the case of a person aged 16 or 17, the court must have regard |
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to its duty under section 44 of the Children and Young Persons Act |
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1933 (general considerations). |
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(a) | an appropriate custodial sentence has been imposed on a |
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person under subsection (2B), and |
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(b) | a relevant conviction without which subsection (2B) would |
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not have applied has been subsequently set aside on appeal, |
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| notice of appeal against the sentence may be given at any time |
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within 28 days from the date on which the conviction was set aside |
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(despite anything in section 18 of the Criminal Appeal Act 1968 |
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(initiating procedure)).” |
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Page 24, line 18, leave out “(2B)(a)” and insert “(2C)(a)” |
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Page 24, line 21, at end insert— |
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“( ) | After section 1 insert— |
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“1ZA | Offence under section 1: previous relevant convictions |
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(1) | For the purposes of section 1, “relevant conviction” means— |
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(a) | a conviction for an offence under— |
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(i) | section 1 or 1A of this Act, or |
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| (ii) | section 139, 139A or 139AA of the Criminal Justice |
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| | (a “relevant offence”), whenever committed, |
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| (b) | a conviction in Scotland, Northern Ireland or a member |
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| State other than the United Kingdom for a civilian offence, |
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| whenever committed, which would have constituted a |
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| relevant offence if committed in England and Wales at the |
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| (c) | a conviction for an offence under section 42 of the Armed |
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| Forces Act 2006, whenever committed, in respect of which |
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| the corresponding offence under the law of England and |
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| Wales (within the meaning of that section) is a relevant |
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| (d) | a conviction for an offence under section 70 of the Army Act |
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| 1955, section 70 of the Air Force Act 1955 or section 42 of the |
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| Naval Discipline Act 1957, whenever committed, in respect |
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| of which the corresponding civil offence (within the |
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| meaning of the Act in question) is a relevant offence, and |
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| (e) | a conviction for a member State service offence, whenever |
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| committed, which would have constituted a relevant |
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| offence if committed in England and Wales at the time of |
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| “civilian offence” means an offence other than— |
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| (a) | an offence under an enactment mentioned in |
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| subsection (1)(c) or (d), or |
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| (b) | a member State service offence; |
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| (a) | in relation to an offence under section 42 of the |
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| Armed Forces Act 2006, anything which by virtue of |
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| section 376(1) and (2) of that Act is to be treated as a |
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| (b) | in relation to an offence under section 42 of the |
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| Naval Discipline Act 1957 and a member State |
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| service offence, a finding of guilt in respect of the |
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| “member State service offence” means an offence which was |
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| the subject of proceedings under the law of a member State, |
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| other than the United Kingdom, governing all or any of the |
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| naval, military or air forces of that State. |
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| (3) | For the purposes of subsection (1)(c) and (d), where the offence was |
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| committed by aiding, abetting, counselling or procuring, it must be |
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| assumed that the act aided, abetted, counselled or procured was |
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| done in England and Wales.”” |
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| Page 24, leave out line 26 and insert— |
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| “(a) | a person is convicted of an offence under subsection (1) by a court |
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| Page 24, line 29, leave out from “had” to end of line 35 and insert “at least one |
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| relevant conviction (see section 139AZA)” |
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