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with the requirement to obtain a pre- sentence report has been imposed by the Government precisely because we recognise that special considerations apply in the case of juveniles and because the courts must have proper regard to their welfare requirements. The effect of the constraints that we have imposed on the courts' discretion in the case of juveniles will be to ensure that in every case the courts will have regard to a report on the offender. That will provide the necessary safeguards for juvenile offenders who have been sentenced to custody or to a major community sentence for an offence triable summarily on either-way cases.2.30 am
The restrictions imposed by the amendments will, I believe, limit the sentencing power of judges and magistrates unnecessarily and in an unacceptable way. In the case of juvenile offenders, the court will invariably have a report before it and, if it contains the information that the court needs, I say to the hon. Member that there is no reason why a new pre-sentence report should be required. Of course, I assure the hon. Gentleman that the new arrangements will be kept under review to ensure that they work satisfactorily. I am convinced that they will. Of course, we shall want to keep them under review and, in the process of going round the country and consulting others, I shall ensure that we take any views into account. In view of those assurances and the fact that there is not a great deal between us, I hope that the hon. Gentleman will agree to withdraw his amendment.
Amendment negatived.
Amendments made : No. 352, in page 144, line 44, at end insert Fines
.--(1) Sections 18 and 20 of the Criminal Justice Act 1991 (which relate respectively to the fixing of fines and financial circumstances orders) shall be amended as provided in sub-paragraphs (2) and (3) below.
(2) In section 18
(a) for subsection (1), there shall be substituted the following subsection
"(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances." ; and
(b) in subsection (3), after the word "fine" there shall be inserted the words "to be imposed on an offender (whether an individual or other person)".
(3) In section 20, in subsections (1), (1A), (1B), (1C), (2) and (3) for the words "a person" and "any person" there shall be substituted the words "an individual" and "any individual". (4) In section 57(4) of that Act (application to local authorities of power to order fines to be paid by a parent or guardian), paragraph (b) shall be omitted.
(5) The amendments made by this paragraph apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as they apply in relation to offenders convicted after that date.'.
No. 354, in page 144, line 44, at end insert
False statements as to financial circumstances
. After section 20 of the Criminal Justice Act 1991 there shall be inserted the following section
"False statements as to financial circumstances. 20A.--(1) A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request
(a) makes a statement which he knows to be false in a material particular ;
(b) recklessly furnishes a statement which is false in a material particular ; or
(c) knowingly fails to disclose any material fact,
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shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.(2) For the purposes of this section an official request is a request which
(a) is made by the clerk of the magistrates' court or the appropriate officer of the Crown Court, as the case may be ; and (b) is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose. (3) Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.".'
No. 43, in page 145, line 16, at end insert
Sexual offences
.--(1) In section 31(1) of the Criminal Justice Act 1991 (which defines, amongst other expressions, "sexual offence"), for that definition, there shall be substituted the following definition "sexual offence" means any of the following
(a) an offence under the Sexual Offences Act 1956, other than (i) an offence under section 12 or 13 of that Act which would not be an offence but for section 2 of the Sexual Offences Act 1967, or (ii) an offence under section 30, 31 or 33 to 36 of that Act ; (b) an offence under section 128 of the Mental Health Act 1959 ; (c) an offence under the Indecency with Children Act 1960 ; (d) an offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape ;
(e) an offence under section 54 of the Criminal Law Act 1977 ; (f) an offence under the Protection of Children Act 1978 ; (g) an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (f) above ;
(h) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit any of those offences ;
(i) an offence of inciting another to commit any of those offences ;".
(2) The amendment made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as it applies in relation to offenders convicted after that date.'.
No. 44, in page 146, line 14, at end insert
Anonymity of victims of certain offences
.--(1) In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies), after paragraph (e) there shall be inserted the following paragraphs
"(f) any conspiracy to commit any of those offences ;
(g) any incitement of another to commit any of those offences.". (2) The amendment made by this paragraph shall apply in relation to offenders convicted (but not sentenced) before the date on which this paragraph comes into force as it applies in relation to offenders convicted after that date.'.
No. 175, in page 146, line 18, leave out from first the' to end of line 19 and insert
substitution, for the words from "or the powers" to the end, of the words "and, where it confers a power on the court, shall not apply in proceedings instituted before the coming into force of that provision.".'--[ Mr. Maclean. ]
Schedule 10 --
Consequential Amendments
Amendments made : No. 355, in page 146, leave out lines 25 to 27 and insert proviso (b) shall be omitted.' No. 357, in page 146, line 27, at end insert
Evidence of accused in criminal proceedings
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. In section 1 of the Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings) (a) after the words "Provided as follows :-" there shall be inserted the following proviso"(a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application ;" ; (a) proviso (b) shall be omitted.'
No. 302, in page 147, line 38, at end insert
Payment of damages by police authority
. In section 48(4) of the Police Act 1964 (payment by police authority of damages awarded against constables), after the words "section 14 of this Act" there shall be inserted the words "or section 127 of the Criminal Justice and Public Order Act 1994".' No. 303, in page 148, line 10, at end insert
Payment of damages by Scottish police authority
. In section 39(4) of the Police (Scotland) Act 1967 (payment by police authority of damages awarded against constables), after the words "section 11 of this Act" there shall be inserted the words "or section 127 of the Criminal Justice and Public Order Act 1994".' No. 88, in page 150, line 16, at end insert
.--(1) The Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.
(2) In Article 4(1)
(a) after the word "photograph" there shall be inserted the words "or pseudo-photograph" ; and
(b) after the word "photographs" there shall be inserted the words "or pseudo-photographs".
(3) In Article 5(3) and (5), after the word "photographs" there shall be inserted the words "or pseudo-photographs".
(4) In Article 6(1), after the word "photographs" there shall be inserted the words "or pseudo-photographs".
(5) In Article 7(1), after the word "Order" there shall be inserted the words "relating to indecent photographs of children".'. No. 177, in page 150, line 20, at end insert
Procedure for young offenders in cases of grave crimes . In section 24(1)(a) of the Magistrates' Courts Act 1980 (exception to summary trial of children or young persons) the words "he has attained the age of 14 and" shall be omitted.'
No. 360, in page 152, line 46, at end insert
(1A) In Article 4
(a) in paragraph (1)
(i) for the words "to (7)" there shall be substituted the words "and (4)" ;
(ii) in sub-paragraph (b), the words "be called upon to" shall be omitted ;
(iii) for the words from "if" onwards there shall be substituted the words ", at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence" ;
(b) for paragraphs (2) and (3) there shall be substituted the following paragraph
"(2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question." ;
(c) in paragraph (4)
(i) at the beginning there shall be inserted the words "Where this paragraph applies," ;
(ii) in sub-paragraph (a), for the words "from the refusal as appear proper" there shall be substituted the words "as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question" ;
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(d) in paragraph (5), for the words "refusal to be sworn" there shall be substituted the words "failure to do so" ;(e) paragraphs (9) and (10) shall be omitted.'
No. 185, in page 156, line 14, at end insert
Contracted out prisons : exclusion of search powers
. In section 87(3) of the Criminal Justice Act 1991 (provisions of Prison Act 1952 not applying to contracted out prisons), after the word "officers)" there shall be inserted the words "and section 8A (powers of search by authorised employees)".'.
No. 57, in page 156, line 33, at end insert
Secure training orders : cost of supervision by probation officer
. In section 17 of the Probation Service Act 1993 (probation committee expenditure)
(a) in subsection (1), for the words "and(5)" there shall be substituted the words "(5) and (5A)" ; and
(b) after subsection (5) there shall be inserted the following subsection
"(5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(5A) of the Criminal Justice and Public Order Act 1994.".'--[ Mr. Maclean. ]
Schedule 11 --
Repeals
Amendments made : No. 356, in page 156, line 39, column 3, leave out provisos (a) and (b)' and insert proviso (b)'.
No. 358, in page 156, line 40, at end insert--
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1923 c.9 (N.I.). |Criminal Evidence Act (Northern Ireland) 1923.|In section 1, proviso (b).'
No. 204, in page 157, line 14, at end insert--
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1965 c. 69. |Criminal Procedure (Attendance of Witnesses) Act 1965.|Section 1.'.
No. 178, in page 157, line 41, column 3, at end insert--
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|In section 24(1)(a), the words "he has attained the age of 14 and".'
No. 205, in page 157, line 44, column 3, at end insert--
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Section 102.
|Section 103.
|Section 105.
|Section 106.
|Section 145(1)(e).
|In section 150(1), the definition of "committal proceedings".
|In Schedule 5, paragraph 2.'.
No. 206, in page 158, line 27, at end insert--
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1988 c. 34. |Legal Aid Act 1988. |In section 20(4)(a), the words "trial or".
|Section 20(4)(bb).
|Section 20(5).'.
No. 359, in page 158, line 27, at end insert--
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----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1988/1987 (N.I.20). |Criminal Evidence (Northern Ireland) Order 1988. |In Article 4, in paragraph (1)(b) the words
|to be called upon to" and paragraphs (9) and (10).'
No. 207, in page 158, line 34, at end insert--
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1991 c. 13. |War Crimes Act 1991. |In section 1(4), the words "England, Wales or'.
|Part I of the Schedule.'.
No. 353, in page 158, line 43, column 3, at end insert--
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Section 57(4)(b), together with the word "and" preceding it.'
No. 347, in page 158, line 45, at end insert
Note : The repeals that are to come into force on the passing of this Act are the following, namely, the repeals in the Caravan Sites Act 1968 and the Public Order Act 1986.'--[ Mr. Maclean. ]
Title --
Amendment made : No. 133, line 30, after prisons ;', insert to amend the law relating to homosexual acts'.--[ Mr. Maclean. ] Manuscript amendment made : In line 30, after prisons' insert to penalise certain uses of germ cells or embryos'.--[ Mr. Maclean. ]
Motion made and Question put, That the Bill be now read the Third time.-- [ Mr. Howard .]
The House divided : Ayes 220, Noes 44.
AYES
Division No. 210] [2.34 pm Ainsworth, Peter (East Surrey) Alexander, Richard
Alison, Rt Hon Michael (Selby)
Allason, Rupert (Torbay)
Amess, David
Arbuthnot, James
Arnold, Jacques (Gravesham)
Arnold, Sir Thomas (Hazel Grv)
Aspinwall, Jack
Atkinson, David (Bour'mouth E)
Atkinson, Peter (Hexham)
Baker, Nicholas (Dorset North)
Baldry, Tony
Banks, Matthew (Southport)
Banks, Robert (Harrogate)
Bates, Michael
Batiste, Spencer
Bellingham, Henry
Bendall, Vivian
Beresford, Sir Paul
Biffen, Rt Hon John
Bonsor, Sir Nicholas
Booth, Hartley
Boswell, Tim
Bowden, Andrew
Bowis, John
Boyson, Rt Hon Sir Rhodes
Brandreth, Gyles
Brazier, Julian
Bright, Graham
Brown, M. (Brigg & Cl'thorpes)
Browning, Mrs. Angela
Budgen, Nicholas
Burns, Simon
Burt, Alistair
Carrington, Matthew
Carttiss, Michael
Cash, William
Chapman, Sydney
Churchill, Mr
Clappison, James
Clark, Dr Michael (Rochford)
Clifton-Brown, Geoffrey
Coe, Sebastian
Colvin, Michael
Congdon, David
Coombs, Simon (Swindon)
Cope, Rt Hon Sir John
Couchman, James
Cran, James
Currie, Mrs Edwina (S D'by'ire)
Davies, Quentin (Stamford)
Davis, David (Boothferry)
Day, Stephen
Devlin, Tim
Dickens, Geoffrey
Douglas-Hamilton, Lord James
Dover, Den
Duncan, Alan
Duncan-Smith, Iain
Dunn, Bob
Dykes, Hugh
Elletson, Harold
Emery, Rt Hon Sir Peter
Evans, David (Welwyn Hatfield)
Evans, Jonathan (Brecon)
Evans, Nigel (Ribble Valley)
Evans, Roger (Monmouth)
Evennett, David
Faber, David
Fabricant, Michael
Field, Barry (Isle of Wight)
Fishburn, Dudley
Forman, Nigel
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