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| To move the following Clause— |
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| | | “Assaults in prison (No.15) |
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| | In Section 247 of the Criminal Justice Act 2003, after subsection (2) insert— |
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| | “(3) | Subsection (2) does not apply if the prisoner has assaulted a prison officer |
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| | during the course of their sentence.”” |
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| | Member’s explanatory statement
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| | This new clause would mean that a prisoner serving an extended sentence under Sections 227 and |
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| | 228 of the Criminal Justice Act 2003 who assaulted a prison during that sentence would not be |
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| | eligible for automatic release after the requisite period. |
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| Clause 1, page 1, line 3, after “battery” insert “including spitting” |
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| | Member’s explanatory statement
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| | This makes explicit that this section applies to incidents of assault or battery that are spitting. |
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| Clause 1, page 1, line 10, leave out “12” and insert “24” |
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| | Member’s explanatory statement
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| | This amendment would increase the sentence for the new offence from 12 to 24 months in Crown |
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| | courts to allow for longer sentences and to ensure Crown courts have greater powers of sentence |
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| | for the offence than magistrates’ courts. |
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| Clause 1, page 2, line 1, leave out subsection (4) and insert— |
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| | “(4) | Sections 154 and 282 of the Criminal Justice Act 2003 shall come into force.” |
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| | Member’s explanatory statement
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| | This amendment would increase the sentencing powers of magistrates from six months to 12 |
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| | months for a single offence and enable the sentencing in the Bill to actually be imposed in |
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| Clause 1, page 2, line 14, at end insert— |
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| | “(5A) | Offences under this Act are either way offences.” |
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| | Member’s explanatory statement
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| | This amendment would mean that offences under the Act are to be treated as either way offences. |
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| Liz Twist | Mohammad Yasin | Philip Davies | Caroline Lucas |
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| Clause 2, page 2, line 39, at end insert— |
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| | “(aa) | an offence under section 3 (sexual assualt) of the Sexual Offences Act |
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| | Member’s explanatory statement
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| | This causes the fact that the victim was an emergency worker to be an aggravating factor in cases |
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| Page 4, line 23, leave out Clause 4 |
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| Page 6, line 6, leave out Clause 5 |
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| Page 8, line 14, leave out Clause 6 |
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| Clause 7, page 9, line 37, leave out from “only,” to end of line 38 |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 5. |
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