Criminal Justice and Courts Bill

AmendmentS
to be moved
in committee

After Clause 4

LORD LESTER OF HERNE HILL

LORD PANNICK

LORD MARKS OF HENLEY-ON-THAMES

LORD LLOYD OF BERWICK

 

Insert the following new Clause—

“Review of whole life orders

After section 30 of the Crime (Sentences) Act 1997, insert—

“30A           Review of whole life orders

(1)     A prisoner who is—

(a)   the subject of a whole life order made under—

(i)   section 269 of the Criminal Justice Act 2003, or

(ii)   section 82A(4) of the Powers of Criminal Courts
(Sentencing) Act 2000, and

(b)   has beeen in custody for 25 years,

may apply to the Parole Board for a review of the whole life order.

(2)     If on an application under subsection (1) the Parole Board is
satisfied that the prisoner has made such exceptional progress
towards rehabilitation that a whole life order is no longer justified,
it shall substitute a determinate tariff for the whole life order.

(3)     No fresh application may be made by a prisoner under subsection
(1) before the period of five years has elapsed since the Parole
Board’s determination of the prisoner’s previous application.””

Clause 9

LORD LLOYD OF BERWICK

 

Page 10, line 12, after “prisoners),” insert—

“(a)   after subsection (2) insert—

“(2A)    Without prejudice to the powers of the Secretary of State
under this section, the Parole Board must direct the release
on licence of IPP prisoners with a minimum tariff of less
than two years.”,”

Clause 23

LORD BLAIR OF BOUGHTON

LORD DEAR

 


The above-named Lords give notice of their intention to oppose the Question that Clause 23
stand part of the Bill.

Clause 29

LORD RAMSBOTHAM

 


Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 29 stand
part of the Bill.

Schedule 5

LORD RAMSBOTHAM

 

Page 88, line 25, at end insert—

“      In section 52 (exercise of power to make orders, rules and regulations),
after subsection (3) insert—

“(4)     Any statutory instrument containing rules in respect of secure
colleges made under section 47 may not be made unless a draft
of the instrument has been laid before and approved by a
resolution of each House of Parliament.””

 


Lord Ramsbotham gives notice of his intention to oppose the Question that Schedule 5 be
the Fifth Schedule to the Bill.

Clause 30

LORD RAMSBOTHAM

 


Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 30 stand
part of the Bill.

Schedule 6

LORD RAMSBOTHAM

 

Page 93, line 39, at end insert—

“5A (1)     The Secretary of State must by regulations made by statutory instrument
specify the minimum ratio of officers to prisoners in a contracted-out
secure college.

(2)     A statutory instrument containing regulations under sub-paragraph (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

 

Page 94, line 28, leave out paragraph 10

 

Page 96, line 38, at end insert—

“Content of educational programme

15A   (1)  The Secretary of State must by regulations made by statutory instrument
specify the content of the educational programme which contractors will
be required to provide.

(2)     A statutory instrument containing regulations under sub-paragraph (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

 

Page 97, leave out line 14 and insert—

    “must specify in regulations made by statutory instrument.

  ( )     A statutory instrument containing regulations under paragraph (b) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

 


Lord Ramsbotham gives notice of his intention to oppose the Question that Schedule 6 be
the Sixth Schedule to the Bill.

After Clause 40

LORD BLAIR OF BOUGHTON

LORD LOW OF DALSTON

LORD HODGSON OF ASTLEY ABBOTTS

 

Insert the following new Clause—

“Protection arrangements for children and dependants

(1)     The Criminal Justice Act 2003 is amended as follows.

(2)     After section 174 (duty to give reasons for, and explain effect of, sentence)
insert—

“174A             Duty to ask about children etc. left behind

(1)     Any court passing a custodial sentence on an offender who was on
bail when awaiting sentence must ask what the arrangements are
for the care of any children of the offender or any vulnerable adult
who is dependent on the offender while the offender is in custody.

(2)     If the court considers the arrangements are not satisfactory, the
court must make a referral to the relevant local authority social care
team.

(3)     Any person or body having statutory responsibilities for children
or vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (1) refers.”

(3)     The Bail Act 1976 is amended as follows.

(4)     In section 5 (supplementary provisions about decisions on bail), after
subsection (5) insert—

“(5A)    Where a court withholds bail in criminal proceedings from a person
to whom section 4 of this Act applies, the court must ask what the
arrangements are for the care of any children of the defendant or
any vulnerable adult who is dependent on the defendant while the
defendant is on remand in custody.

(5B)    If the court considers the arrangements are not satisfactory, the
court must make a referral to the relevant local authority social care
team.

(5C)    Any person having statutory responsibilities for children or
vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (5A) refers.”

(5)     The provisions inserted by this section shall come into force two months
after the day on which this Act is passed.”

Prepared 10th July 2014