Crime and Courts Bill [HL]

REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
(ON RECOMMITMENT)

Schedule 16

LORD RAMSBOTHAM

1

Page 250, line 34, leave out from beginning to end of line 19 on page 251

LORD ROSSER

LORD BEECHAM

2

Page 251, line 2, leave out “must” and insert “may”

3

Page 251, line 2, at end insert—

“(za) have regard to the need to promote rehabilitation,”

3A*

Page 251, line 4, after “punishment” insert “as a means of rehabilitation”

LORD WOOLF

4

Page 251, line 8, leave out “exceptional”

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS BUTLER-SLOSS

5

Page 251, line 8, leave out “exceptional” and insert “particular”

BARONESS LINKLATER OF BUTTERSTONE

6

Page 251, line 8, leave out “exceptional” and insert “special”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

7

Page 251, line 14, at end insert—

“(2C) Before including any requirement falling within subsection (2A), the court must consider whether, in the circumstances of the case, the requirement is compatible with any requirement imposed or which it determines shall be imposed pursuant to subsection (1).”

LORD WOOLF

8

Page 251, line 14, at end insert—

“(2C) Subsection (2A) does not apply where in the opinion of the court compliance with that subsection is likely to reduce the effectiveness of the order in preventing reoffending by the offender.”

LORD ROSSER

LORD BEECHAM

9

Page 251, line 14, at end insert—

“(2C) A punishment requirement may include—

(a) an accredited programme,

(b) a drug requirement,

(c) a curfew,

(d) attending centre,

(e) mental health requirement,

(f) specified activity,

(g) prohibitive activity,

(h) unpaid work, or

(i) exclusion.”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

10

Page 251, line 17, at end insert—

“3A In section 120 of the Coroners and Justice Act 2009 (sentencing guidelines) in subsection (3) after paragraph (a) insert—

“(aa) sentencing guidelines about the application of section 177(2A) of the Criminal Justice Act 2003, as inserted by paragraph 2 of Schedule 16 to the Crime and Courts Act 2013 (punitive elements of community orders),”.”

11

Page 251, line 19, at end insert—

“4A Nothing in this Schedule affects the provisions of section 142 of the Criminal Justice Act 2003 (purposes of sentencing).”

LORD WOOLF

11A*

Page 251, line 19, at end insert—

“Part 1A Breach of community orders made for non-imprisonable offences

4A In Schedule 8 to the Criminal Justice Act 2003 (Breach, revocation or amendment of a community order)—

(a) omit paragraph 9(1)(c), and

(b) omit paragraph 10(1)(c).”

BARONESS LINKLATER OF BUTTERSTONE

12

Page 251, line 32, after “to” insert “meet the needs of the victims and”

13

Page 251, line 34, leave out “Imposition” and insert “Administration”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

LORD RAMSBOTHAM

14

Page 252, line 6, at end insert—

“Part 2A Provision for female offenders

7A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to female offenders.

(2) Provision under sub-paragraph (1) shall include provision for women to carry out unpaid work and participate in programmes designed to change offending behaviour in groups consisting only of women.”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

15

Page 254, line 33, at end insert “the use or”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

LORD RAMSBOTHAM

16

Page 254, line 38, at end insert—

“(3) In the course of preparing such a code, the Secretary of State must consult—

(a) the National Offenders Management Service,

(b) the Probation Service,

(c) the Lord Chief Justice,

(d) representatives of chief police constables,

(e) the Information Commissioner,

(f) the Chief Surveillance Commissioner,

(g) such other persons as the Secretary of State considers appropriate.”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

17

Page 257, line 22, leave out “wants” and insert “requires”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

18

Page 257, line 35, leave out paragraph (b)

19

Page 257, line 43, at end insert—

“( ) Information disclosed to a relevant person must be disclosed to the defendant.

( ) The defendant must be informed of a relevant person to whom information is disclosed.”

LORD RAMSBOTHAM

20

Page 259, line 18, at end insert—

“Part 6A Provision for young adult offenders

28A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to young adult offenders.

(2) Provision under sub-paragraph (1) shall include provision for services which provide support and rehabilitation appropriate to the level of maturity of young adult offenders and which increases the likelihood of compliance with community orders.

(3) For the purposes of this paragraph “young adult offender” means a person who is aged at least 18 but under 21 when convicted.”

LORD ROSSER

LORD BEECHAM

21

Page 260, line 24, at end insert—

“Part 8 Reorganisation of the National Probation Service

1 The Offender Management Act 2007 is amended as follows.

2 After section 15, insert—

“15A Power to reorganise the National Probation Service

(1) Any plans to reorganise the Probation Service for England and Wales must be instituted by regulations.

(2) Regulations under subsection (1) shall be subject to the affirmative resolution procedure of each House of Parliament.””

Schedule 17

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

22

Page 261, line 27, after “unavailable” insert “for a period of or likely to be of more than 21 days”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

LORD BEECHAM

LORD ROSSER

23

Page 261, line 32, leave out “but may not be an individual”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

24

Page 262, line 6, at end insert—

“( ) A DPA must impose on P a requirement to pay to the prosecutor a financial penalty broadly comparable to the fine that a court would have imposed on P on conviction for the alleged offence following a guilty plea.”

25

Page 262, line 7, after “the” insert “additional”

26

Page 262, line 9, leave out paragraph (a)

27

Page 262, line 21, leave out sub-paragraph (4)

LORD GOLDSMITH

28

Page 262, line 22, leave out “must be broadly comparable to” and insert “shall not exceed”

LORD BEECHAM

LORD ROSSER

28A*

Page 262, line 23, at end insert—

“( ) Prior to the implementation of the provisions under Schedule 17, the Sentencing Council shall lay before Parliament its proposals for the setting of financial penalties, which must be approved by each House of Parliament.”

LORD GOLDSMITH

29

Page 262, line 24, leave out “may” and insert “shall”

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

30

Page 262, line 29, leave out “general principles to be applied” and insert “circumstances prosecutors should consider”

LORD GOLDSMITH

31

Page 262, line 40, at end insert—

“(e) the choice of expiry date for a DPA”

LORD BEECHAM

LORD ROSSER

31A*

Page 262, line 43, at end insert—

“( ) Before the Code is permitted to come into effect, the Code shall be subject to Parliamentary oversight and the affirmative resolution procedure of both Houses of Parliament.”

31B*

Page 263, line 8, at end insert—

“( ) The new Code shall be subject to Parliamentary oversight and the affirmative resolution procedure of both Houses of Parliament.”

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

32

Page 263, line 9, leave out “take account of” and insert “have regard to”

LORD GOLDSMITH

33

Page 263, line 11, leave out paragraph 7

34

Page 263, line 14, after “Crown Court” insert “in proceedings to which P is a party”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

35

Page 263, line 18, at end insert—

“( ) The court may not make a declaration under sub-paragraph (1) where, in the case of an individual, P, it appears to the court that a court would be likely to impose on P a sentence of imprisonment on conviction for the alleged offence following a guilty plea.”

LORD GOLDSMITH

36

Page 263, line 29, after “Court” insert “in proceedings to which P is a party”

37

Page 263, line 32, leave out sub-paragraph (2)

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

38

Page 263, line 40, at end insert “if it appears to the court to be necessary for avoiding substantial risk of prejudice to the administration of justice”

LORD GOLDSMITH

39

Page 264, line 4, leave out paragraph (c)

40

Page 266, line 41, leave out paragraph (b)

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

41

Page 267, line 3, at end insert “(not exceeding the period during which it considers there to be such a risk)”

BARONESS HAMWEE

42

Page 267, line 24, at beginning insert “any”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

43

Page 267, line 36, at end insert—

“Treatment of money paid under a DPA

14A Money paid to satisfy a requirement under paragraph (a), (b), (c) or (g) of paragraph 5(3) shall not be treated as a deductible expense for the purposes of taxation.”

LORD GOLDSMITH

44

Page 269, line 34, leave out “of financial or economic crime”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS HAMWEE

45

Page 269, line 35, at end insert—

“( ) adding an offence of a breach of regulations which is not punishable by imprisonment”

46

Page 269, line 35, at end insert—

“( ) adding an offence for which the penalty is prescribed by the Health and Safety (Offences) Act 2008, not being an offence punishable by imprisonment”

47

Page 269, line 35, at end insert—

“( ) adding an offence under the Environmental Protection Act 1990”

LORD BEECHAM

LORD ROSSER

48*

Page 271, line 12, at end insert—

“Extent

(1) The provisions of this Schedule shall cease to have effect at the end of a five year period beginning with the day the provisions come into force.

(2) Before the end of the five year period, the Secretary of State must—

(a) provide for a review of these provisions, in consultation with the Director of Public Prosecutions and the Director of the Serious Fraud Office,

(b) set out the conclusions of the review, and

(c) lay the report before both Houses of Parliament.”

Prepared 13th November 2012