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Mr. Greenway: I warned the Minister not to argue about the provision of prison places, but he could not resist the temptation. It is clearly on record that, in the years leading up to the 1997 general election,prison capacity increased by over 20 per cent.--11,000 additional places--as a result of the previous Government's prison building programme.

23 Jun 1998 : Column 928

The anticipation of an increase in numbers arising from criminal justice and public order legislation passed by the previous Government, to which the hon. Gentleman referred, also led to the planning of nine new prisons. It is to the Government's credit that they have continued that programme, but the Minister is wrong to suggest that the previous Government failed to address the need to create improved and additional capacity in the prison service--the facts reveal a wholly different scenario.

Mr. O'Brien: The hon. Gentleman will no doubt accept that the new Government have applied a certain amount of expenditure restraint. If the previous Government were so free with their largesse on prisons, why does he think that the new Government have had to find £112 million of new money to try to correct the defects that they inherited from the previous Government?

Mr. Greenway: The hon. Gentleman's very silly argument is that, regardless of circumstances and developments, not another penny will need to be spent on any area of public policy, in addition to whatever public expenditure provisions were in place and planned when a Government of any party took office. It is preposterous nonsense.

The £112 million that the Minister refers to is very small in relation to the hundreds of millions--I guess it runs to billions--of pounds that was spent on the prison estate under the previous Government. As a Home Office Minister, who travels throughout the country visiting custodial institutions, he can see for himself the huge investment that was made following the riot at Strangeways prison--I think it was in 1990.

9.15 pm

If I remember rightly, the Minister was not then a member of the Select Committee on Home Affairs; I do not think that he was in the House. Those of us who were, and who had the opportunity to visit Strangeways, made several recommendations. The entire contents of the Woolf report were warmly embraced by the previous Administration. Therefore, we should not, and cannot, take any strictures from the Government about lack of investment in the prison estate. They must respond to the circumstances as they find them: that is the job of Government.

We are not, as the Minister alleges, seeking to stop any tagging experiment dead in its tracks. On the contrary, we are the party which has advocated the use of tagging. We are suggesting to the Minister an alternative, which would command better public confidence than the alternative in the Bill.

The Minister prayed in aid the beneficial features of tagging to reinforce curfew orders. We agree, but we believe that if the Government go ahead with the scheme, it will undermine public confidence in custodial sentences that are served up to only a quarter point of the original sentence, and in the use of tagging, which the public regard as a soft option to prison. Obviously, our arguments have fallen on deaf ears, but, as in the previous debate, in which I took part, the Opposition believed it right to draw the attention of the House and the country to the fact that what the Government are doing is wrong. Now that we have done so, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

23 Jun 1998 : Column 929

Clause 99

Early release: two or more sentences.


Amendment made: No. 161, in page 84, line 12, at end insert--
'( ) Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.'.--[Mr. Michael.]

Clause 109

Early release in Scotland: two or more sentences.


Amendments made: No. 109, in page 88, line 47, leave out from beginning to end of line 4 on page 89.
No. 110, in page 89, line 27, at end insert--
'( ) for the words "a prisoner" there shall be substituted the words "an existing prisoner";'.
No. 111, in page 89, line 41, leave out first 'a' and insert 'an existing'.
No. 112, in page 90, line 45, at end insert--
'(8) In relation to a prisoner released on licence at any time under section 16(7)(b) of the 1993 Act, section 17(1)(a) of the 1993 Act shall have effect as if after the word "Act" there were inserted the words "or a short term prisoner has been released on licence by virtue of section 16(7)(b) of this Act".'.--[Mr. Michael.]

Clause 112

Orders and regulations.


Amendment made: No. 29, in page 91, line 34, after & 61(7)' insert ', 73(2)(b)(ii)'.--[Mr. Michael.]

Clause 119

Short title, commencement and extent.


Amendments made: No. 113, in page 95, line 2, leave out 'section 107' and insert 'sections 107 and 109(8)'.
No. 1, in page 95, line 14, at end insert--
'( ) section (Reduction in age at which certain sexual acts are lawful)(3);'.
No. 114, in page 95, line 26, at end insert--
'( ) paragraph 15 of Schedule 7 to this Act and section 104 above so far as relating to that paragraph;'.
No. 115, in page 95, line 27, after 'paragraphs' insert '1,'
No. 116, in page 95, line 27, after 'and (3),' insert '11(1) and (2),'.
No. 162, in page 95, line 27, after '29,' insert '36B,'.
No. 2, in page 95, line 31, after 'Sections', insert
'(Reduction in age at which certain sexual acts are lawful)(4).'.
No. 3, in page 95, line 31, leave out 'section'.
No. 163, in page 95, line 33, after 'and (3),' insert '36B,'.
No. 164, in page 95, line 36, after '(3)' insert ', 36B'.
No. 165, in page 95, line 39, after '(3)' insert ', 36B'.--[Mr. Michael.]

23 Jun 1998 : Column 930

Schedule 2

The Youth Justice Board: further provisions.


Amendment made: No. 30, in page 101, line 41, leave out from 'shall' to end of line 42 and insert
'out of money provided by Parliament pay to the Board such sums towards its expenses as he may determine.'.--[Mr. Michael.]

Schedule 3

Procedure where persons are sent for trial under section 51.


Amendment made: No. 52, in page 105, line 44, at end insert--

'Use of depositions as evidence

.--(1) Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.
(2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 51 of this Act or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) above does not apply if--
(a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed;
(b) the court of trial at its discretion orders that sub-paragraph (2) above shall not apply; or
(c) a party to the proceedings objects to sub-paragraph (2) above applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.'.--[Mr. Michael.]

Schedule 4

Enforcement etc. of drug treatment and testing orders.


Amendments made: No. 53, in page 110, line 21, at end insert--
'( ) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph--
"(4) In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998."'.
No. 54, in page 110, line 29, leave out
'by which the order is made'
and insert 'responsible for the order'.
No. 55, in page 110, line 43, leave out
'made by a magistrates' court'
and insert
'for which a magistrates' court is responsible'.
No. 56, in page 111, line 24, leave out 'did not make' and insert 'is not responsible for'.
No. 57, in page 111, line 33, leave out
'by which a drug treatment and testing was made'
and insert
'responsible for a drug treatment and testing order'.
No. 31, in page 112, line 13, leave out first 'above' and insert
'of the Crime and Disorder Act 1998'.--[Mr. Michael.]

23 Jun 1998 : Column 931

Schedule 5

Enforcement of reparation and action plan orders.


Amendments made: No. 32, in page 113, line 41, at end insert--
'( ) For the purposes of sub-paragraph (2)(b) and (c) above, a reparation order or action plan order made on appeal from a decision of a magistrates' court or the Crown Court shall be treated as if it had been made by a magistrates' court or the Crown Court, as the case may be.'.
No. 89, in page 115, line 31, at end insert--
'(2A) The provisions of section 12 of the 1991 Act (curfew orders) shall apply for the purposes of paragraph 3(2)(a) above but as if--
(a) in subsection (1), for the words from the beginning to "before which he is convicted" there were substituted the words "Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of paragraph 3(2)(a) of Schedule 5 to the Crime and Disorder Act 1998, the court"; and
(b) in subsection (8), for the words "on conviction" there were substituted the words "on the date on which his failure to comply with a requirement included in the reparation order or action plan order was proved to the court".
(2B) Schedule 2 to the 1991 Act (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that paragraph but as if--
(a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
(c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
(2C) For the purposes of the provisions mentioned in sub-paragraph (2B)(a) and (d) above, as applied by that sub-paragraph, if the reparation order or action plan order is no longer in force the appropriate court's powers shall be determined on the assumption that it is still in force.'.--[Mr. Michael.]

Schedule 7

Pre-consolidation amendments: powers of criminal courts.


Amendments made: No. 58, in page 120, line 6, leave out from beginning to 'there' in line 10 and insert--
'. After subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.)'.

23 Jun 1998 : Column 932


No. 59, in page 134, line 7, after 'who' insert 'on conviction'.--[Mr. Michael.]

Schedule 8

Minor and consequential amendments.


Amendments made: No. 33, in page 134, line 34, at end insert--
' . After subsection (1) of section 56 of the 1933 Act (powers of other courts to remit young offenders to youth courts) there shall be inserted the following subsection--
'(1A) References in subsection (1) above to an offender's being committed for trial include references to his being sent for trial under section 51 of the Crime and Disorder Act 1998."'.
No. 4, in page 135, line 39, at end insert--

'Sexual Offences Act 1956 (c. 69)

In sub-paragraphs (a) and (b) of paragraph 16 (indecency between men etc.) of the Second Schedule to the Sexual Offences Act 1956 (punishments etc.), for the word "eighteen" there shall be substituted the word "sixteen".
Sexual Offences Act 1967 (c. 60)

In section 8 of the Sexual Offences Act 1967 (restriction on prosecutions), for the word "twenty-one" there shall be substituted the word "sixteen".'.
No. 34, in page 135, line 39, at end insert--
'Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)

' . In subsection (4) of section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 51 of the Crime and Disorder Act 1998,".'.
No. 35, in page 136, line 14 at end insert--
' . In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words "for either way offence)" there shall be inserted the words "or paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence)".'.
No. 36, in page 136, line 15, leave out from beginning to 'after' in line 16 and insert--
' .--(1) In subsection (2) of section 10 of that Act (appeal against sentence in other cases dealt with at Crown Court), the words "(other than a supervision order within the meaning of that Part)" shall cease to have effect.
(2) In subsection (3) of that section,'.
No. 60, in page 136, line 37, at end insert--
'. In subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.), for the words from "person guilty" to "were begun" there shall be substituted the words "child or young person guilty of an offence".'.
No. 90, in page 137, line 11, at end insert--
' . After section 16A of the 1969 Act there shall be inserted the following section--
"Application of section 12 of Criminal Justice Act 1991 etc
16B.--(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act but as if--
(a) in subsection (1), for the words from the beginning to "before which he is convicted" there were substituted the words "Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of section 15(3)(a) of the Children and Young Persons Act 1969, the court"; and

23 Jun 1998 : Column 933

(b) in subsection (8), for the words "on conviction" there were substituted the words "on the date on which his failure to comply with a requirement included in the supervision order was proved to the court".
(2) Schedule 2 to the Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section but as if--
(a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
(c) the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the supervision order, in any manner in which the relevant court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
(3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court's powers shall be determined on the assumption that it is still in force.
(4) In this section "relevant court" has the same meaning as in section 15 above."'.
No. 91, in page 137, line 35, after 'years' insert
'when the order is made'.
No. 92, in page 137, line 36, leave out from 'by' to end of line 37 and insert
'a local authority specified in the order."
( ) After that subsection there shall be inserted the following subsection--
"(2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside."'.
No. 93, in page 138, line 3, leave out 'After subsection (8)' and insert 'In subsection (4)'.
No. 94, in page 138, line 4, after 'orders)' insert
', for the words from "a probation officer" to the end there shall be substituted the following paragraphs--
"(a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the Criminal Justice Act 1991);
(b) a person appointed for the purposes of those provisions by the probation committee for that area; or
(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part)."

23 Jun 1998 : Column 934


( ) After that subsection there shall be inserted the following subsection--
"(4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside."
( ) After subsection (8) of that section'.
No. 95, in page 138, leave out lines 8 to 13.
No. 38, in page 138, line 13, at end insert--
' . In subsection (2) of section 21 of the 1973 Act (restriction on imposing sentences of imprisonment etc. on persons not legally represented)--
(a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,"; and
(b) for the words "which committed him" there shall be substituted the words "which committed or sent him".
. In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words "or dealt with" there shall be inserted the words ", or by which he was sent to that Court for trial under section 51 of the Crime and Disorder Act 1998".'.
No. 39, in page 139, line 40, at end insert--
'36A. In subsection (4)(c) of section 125 of the 1980 Act (warrants)--
(a) the word "and" at the end of sub-paragraph (ii) shall cease to have effect;
(b) in sub-paragraph (iii), for the words "or 97 above" there shall be substituted the words ", 97 or 97A above; and"; and
(c) after that sub-paragraph there shall be inserted the following sub-paragraph--
"(iv) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998."
36B. In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)--
(a) the word "and" at the end of paragraph (c) shall cease to have effect;
(b) after that paragraph there shall be inserted the following paragraph--
"(cc) warrants of arrest issued under section 97A above;"; and
(c) after paragraph (d) there shall be inserted the words "; and
(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998."'.
No. 40, in page 140, line 11, at end insert--
' . In subsection (2) of section 1 of the 1982 Act (general restriction on custodial sentences), for the words from "remanded in custody" to the end there shall be substituted the following paragraphs--
'(a) remanded in custody;
(b) committed in custody for trial or sentence; or
(c) sent in custody for trial under section 51 of the Crime and Disorder Act 1998."'.
No. 41, in page 140, line 30, at end insert--
'( ) In subsection (2) of that section--
(a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998,"; and
(b) for the words "which committed him" there shall be substituted the words "which committed or sent him".'.

23 Jun 1998 : Column 935


No. 117, in page 144, line 20, leave out from 'prisons)' to end of line 21 and insert '--
(a) in subsection (7)--
(i) at the beginning there shall be inserted the words "Subject to subsection (7AA) below,";
(ii) for the words "a short-term or long-term prisoner within the meaning of" there shall be substituted the words "any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of";
(iii) the words from "and the foregoing" to the end shall cease to have effect; and
(b) after that subsection there shall be inserted the following subsections--
"(7AA) Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act.'.
No. 96, in page 149, line 13, at beginning insert
'in the case of a person under the age of 18 years on his release,'.
No. 97, in page 149, line 46, at end insert--
'( ) After paragraph 12(4) of that Schedule there shall be inserted the following sub-paragraphs--
"(5) Where--
(a) the court amends a probation order or community service order under this paragraph;
(b) a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and
(c) the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,
the court shall further amend the order by substituting the other authority for the authority specified in the order.
(6) In sub-paragraph (5) above "local authority" has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section."'.
No. 118, in page 150, line 12, at end insert--
'( ) In subsection (2) of that section at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act".'.
No. 119, in page 150, line 24, at end insert--
'. In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)--
(a) in subsection (1) for the words "and (3)" there shall be substituted the words "to (4)"; and
(b) after subsection (3) there shall be inserted the following subsection--
"(4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment."
. In section 7 of the 1993 Act (children detained in solemn proceedings)--
(a) in subsection (1)(b) at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act";
(b) after that subsection there shall be inserted the following subsections--
"(2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

23 Jun 1998 : Column 936


(2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.
(2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years--
(a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and
(b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison."; and
(c) after subsection (4) there shall be inserted the following subsection--
"(4A) Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence."; and
(d) in subsection (5) after the word "construed" there shall be inserted the words "and sections 1A and 27 shall apply".
. In section 11 of the 1993 Act (duration of licences) subsections (3)(b) and (4) shall cease to have effect.'.
No. 120, in page 150, line 31, at end insert--
'( ) Paragraph (b) of that subsection shall cease to have effect.'.
No. 42, in page 152, line 46, after 'Act' insert '(compulsory disclosure by accused)'.
No. 43, in page 153, line 7, after 'Act' insert '(time limits: transitional)'.
No. 44, in page 153, line 12, at end insert--
' . In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 51 of the Crime and Disorder Act 1998,".
. In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words "committed for trial for the offence concerned" there shall be inserted the words ", after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998,".'.--[Mr. Michael.]
Amendments made: No. 122, in page 155, line 13, leave out 'and (b)(i) and (iii)'and insert '7,'.
No. 121, in page 155, line 13, leave out 'to' and insert '1A, 3,'.
No. 123, in page 155, line 16, at end insert
'and
(ii) after the word "3," there shall be inserted words "6(1)(b)(i) and (iii)";
( ) in sub-paragraph (2)(b) for the words "sub-paragraphs (3) and (4)" there shall be substituted the words"sub-paragraph (3)";'
No. 124, in page 155, line 19, after '"sections' insert '1A,'.
No. 125, in page 155, line 36, leave out 'to' and insert '1A, 3,'.
No. 126, in page 155, line 36, leave out 'and (b)(i) and (iii)' and insert '7,'.
No. 127, in page 155, line 38, at end insert
'and
(ii) after the word "3," there shall be inserted the words "6(1)(b)(i) and (iii),";'.
No. 128, in page 155, line 40, after '"sections' insert '1A,'.

23 Jun 1998 : Column 937


No. 129, in page 156, line 27, leave out 'to 3' and insert '1A, 3, 3A'.
No. 130, in page 156, line 27, leave out 'and (b)(i) and (iii)' and insert '7,'.
No. 131, in page 156, line 28, after '21' insert ', 26A'.
No. 132, in page 156, line 30, after 'Act")";' insert 'and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");'.
No. 133, in page 156, line 32, after '"sections' insert '1A,'.
No. 134, in page 156, line 32, after '2(4)' insert '3A'.
No. 135, in page 156, line 32, after '21' insert ', 26A'.
No. 136, in page 156, line 36, leave out 'to 3' and insert '1A, 3, 3A'.
No. 137, in page 156, line 36, leave out 'and (b)(i) and (iii)' and insert '7,'.
No. 138, in page 156, line 37, after '21' insert ', 26A'.
No. 139, in page 156, line 38, after 'Act")";' insert 'and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");'.
No. 140, in page 156, line 41, after '"sections' insert '1A,'.
No. 141, in page 156, line 41, after '2(4)' insert '3A'.
No. 142, in page 156, line 41, after '21' insert ', 26A'.--[Mr. Mike O'Brien.]

Schedule 9

Transitional provisions and savings


Amendment made: No. 166, in page 158, line 25, at end insert--

'Football spectators: failure to comply with reporting duty

. Section (Football spectators: failure to comply with reporting duty) of this Act does not apply where the offence was committed before the commencement of that section.'.--[Mr. Mike O'Brien.]

Schedule 10

Repeals


Amendments made: No. 45, in page 160, line 28, at end insert--
'1968 c.19.Criminal Appeal Act 1968.In section 10(2), the words "(other than a supervision order within the meaning of that Part)".'.

No. 46, in page 161, line 35, at end insert--


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