Vote Bundle Text (900502-02)

Amendments proposed to the Criminal Justice and Court Services Bill - continued	House of Commons

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Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

Clause 50, page 36, line 6, at end add—

'(6) In making a decision to release a person from prison, by virtue of any enactment, the Secretary of State shall not take into account the fact that electronic monitoring of that person would, by virtue of the provisions of this section, be applicable as a condition of that person's release.'.

Jackie Ballard
Mr John Burnett

167

Clause 52, page 37, line 6, leave out from beginning to end of line 11 and insert—

'(1) This section applies where the Secretary of State releases from prison a person on whom a sentence of imprisonment has been imposed and the following conditions are met—

(a) the offender was age 18 or over on the date of the offence;

(b) it is proved—

(i) the offender is dependent on a class A drug; and

(ii) the misuse by the offender of any specified class A drug caused or contributed to the offence;

(d) relevant treatment is available.'.

Jackie Ballard
Mr John Burnett

168

Clause 53, page 37, line 25, at end insert—

'"appropriate" in relation to drug treatment, means that which is assessed as being necessary for the offender to achieve abstinence from a specified class A drug,'.

Mr Paul Boateng

173

Clause 53, page 37, line 33, leave out 'Criminal Justice and Court Services' and insert 'Powers of Criminal Courts (Sentencing)'.

Mr John Cryer
Jackie Ballard
Mr John Burnett

143

Page 38, line 20, leave out Clause 55.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins
Mr Peter Luff

145

Schedule 6, page 50, line 22, leave out from beginning to end of line 47 on page 51.

Jackie Ballard
Mr John Burnett

170

Schedule 6, page 52, line 3, leave out 'an officer of a local board' and insert 'a probation officer of a local board'.

Jackie Ballard
Mr John Burnett

169

Schedule 6, page 52, line 4, leave out 'the officer of a local board' and insert 'the probation officer of a local board'.

Mr Paul Boateng

176

Schedule 6, page 53, line 11, at end insert—

'Firearms Act 1968 (c. 27)

. In section 52(1)(a) of the Firearms Act 1968 (forfeiture and disposal of firearms etc.), "in a young offender institution or" is omitted.'

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

Schedule 6, page 54, leave out lines 10 to 19.

Mr Paul Boateng

177

Schedule 6, page 54, line 26, at end insert—

'Magistrates' Courts Act 1980 (c. 43)

. The Magistrates' Courts Act 1980 is amended as follows.

. In section 11(3) (non-appearance of accused: general provisions), "or detention in a detention centre" is omitted.

. In section 82(1)(c) (restriction on power to impose imprisonment for default), "youth custody or detention in a detention centre" is omitted.

. In section 133 (consecutive terms of imprisonment)—

(a) in subsection (1), each mention of "or youth custody" is omitted,

(b) subsection (2A) is omitted.'

Mr Paul Boateng

104

Schedule 6, page 55, line 8, at end insert—

'Education Reform Act 1988 (c. 40)

. In the Education Reform Act 1988, after section 218 there is inserted—

"Regulations under section 218(6): further provision. 218A.—(1) The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against—

(a) a decision to prohibit or restrict the person's employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or
(b) a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.
    (2) The regulations may—

(a) make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;

(b) provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.
    (3) The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.
    (4) The regulations may make provision as to—

(a) the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person's favour;

(b) the powers available to the Tribunal on determining a review in the person's favour.
    (5) In this section—

(a) "relevant grounds" means the grounds mentioned in section 218(6ZA)(c) above;

(b) "the Tribunal" means the Tribunal established under section 1 of the Protection of Children Act 1999."'.

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff

Schedule 6, page 56, leave out lines 5 to 14.

Mr Paul Boateng

178

Schedule 6, page 56, line 5, at end insert—

'. The Criminal Justice Act 1991 is amended as follows.'

Mr Paul Boateng

179

Schedule 6, page 56, line 6, leave out from '37A' to '(curfew'.

Mr Paul Boateng

180

Schedule 6, page 56, line 14, at end insert—

'. In section 65 (supervision of young offenders after release)—

(a) in subsection (1), for the words from the first mention of "under" to "from" there is substituted "("the offender") sentenced to a term of imprisonment or to" and after "Powers of Criminal Courts (Sentencing) Act 2000" there is inserted "is released while under the age of 22 years",

(b) in subsection (7), for "21" there is substituted "18" and for "sentence of detention in a young offender institution" there is substituted "detention in such secure accommodation (within the meaning of section 107 of the Powers of Criminal Courts (Sentencing) Act 2000) as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose".'

Mr Paul Boateng

105

Schedule 6, page 56, line 19, after 'who' insert 'is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children) or'.

Mr Paul Boateng

181

Schedule 6, page 57, line 26, at end insert—

'Crime (Sentences) Act 1997 (c. 43)

.—(1) The Crime (Sentences) Act 1997 is amended as follows.

(2) In section 28 (duty to release certain life prisoners)—

(a) for the words from the beginning to the end of subsection (5)(a) there is substituted—

(a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom an order or direction has been made or given under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000; and

(b) references to the relevant part of his sentence are references to the part of his sentence specified in the order or direction.

(1B) But if a life prisoner is serving two or more life sentences—

(a) he is not to be treated for the purposes of this Chapter as a life prisoner to whom this section applies unless such an order or direction has been given in respect of each of those sentences; and

(b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

(5) As soon as—

(a) a life prisoner to whom this section applies has served the relevant part of his sentence",

(b) subsection (9) is omitted.

(3) In section 33 (life prisoners transferred to England and Wales)—

(a) for "section 28" (in subsections (1) and (2)) there is substituted "the provisions of section 28(5) to (8)",

(b) in subsection (5), for "subsections (5) and (7) of section 28" there is substituted "the provisions of section 28(5) to (8)".

(4) In section 34(1) (interpretation), the words following the first mention of "sentences" are omitted.

(5) In Schedule 5 (transitional provisions and savings), paragraph 5(1) is omitted.

(6) The preceding provisions of this paragraph have effect in relation to sentences passed after the coming into force of section (life sentences: tariffs).

(7) In section 57(8) (extent), at the end there is inserted—