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

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Mr Paul Boateng

106

Schedule     6,     page     58,     leave out lines 28 to 39.

   

Mr Paul Boateng

107

Schedule     6,     page     58,     leave out lines 42 to 44 and insert—

      '( ) for paragraph (b) there is substituted—

            "(b) on an appeal or determination under regulations made under section 218(6) of the 1988 Act;"'.

   

Mr Paul Boateng

108

Schedule     6,     page     58,     line     50,     at end insert—

    '46A. In section 14 (extent etc.)—

      (a) in subsection (3), for "This Act, except section 8 and this section," there is substituted "Subject to subsections (4) and (5) below, this Act",

      (b) after subsection (4) there is inserted—

            "(5) Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom."'.

   

Mr Paul Boateng

182

Schedule     6,     page     59,     line     19,     at end insert—

    '. In section 60(1)(b) (attendance centre orders), after "court" there is inserted "has power or".'

   

Mr Paul Boateng

183

Schedule     6,     page     59,     line     24,     at end insert—

    '. In section 76 (meaning of "custodial sentence"), paragraphs (c) and (d) are omitted.

    . In section 78 (general limit on magistrates' courts power to impose imprisonment etc.), "or detention in a young offender institution" in subsections (1) and (2) and the sidenote is omitted.

    . In section 83(2) (restriction on imposing custodial sentences on persons not legally represented), for paragraphs (b) and (c) there is substituted—

            "(aa) pass a sentence of imprisonment on a person who, when convicted, was aged at least 18 but under 21".

    . In section 87(12) (crediting periods of remand in custody: terms of imprisonment and detention), paragraph (b) and the preceding "and" are omitted.

    . In section 89 (restriction on imposing imprisonment etc. on persons under 21), for each mention of "under 21" (including the mention in the sidenote) there is substituted "under 18".

    . Sections 93 to 98 (custody for life and detention in a young offender institution) are omitted.

    . In section 99 (conversion of sentence of detention or custody to sentence of imprisonment), subsection (2) is omitted.

    . In section 106 (interaction of sentences of detention in a young offender institution)—

      (a) subsection (1) is omitted,

      (b) in subsection (3), the words from the beginning to "and" are omitted,

      (c) in subsection (4), for "98 above" there is substituted "(Abolition of sentences of detention in a young offender institution and custody for life) of the Criminal Justice and Court Services Act 2000",

      (d) in subsection (6), for "detention in a young offender institution" there is substituted "imprisonment".

    . Section 108 (detention of persons aged at least 18 but under 21 for default or contempt) is omitted.

    . In section 109(2) (life sentence for second serious offence), for paragraphs (a) and (b) there is substituted "a sentence of imprisonment for life".

    . In section 110 (minimum sentence for third Class A drug trafficking offence)—

      (a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",

      (b) subsection (6) is omitted.

    . In section 111 (minimum sentence for third domestic burglary)—

      (a) in subsection (2), for "an appropriate custodial sentence" there is substituted "a sentence of imprisonment",

      (b) subsection (6) is omitted.'

   

Mr Paul Boateng

184

Schedule     6,     page     59,     line     28,     at end insert—

    '. In section 139(3)(c) (powers and duties of Crown Court in relation to fines and forfeited recognizances), "custody for life or detention in a young offender institution" is omitted.'

   

Mr Paul Boateng

185

Schedule     6,     page     60,     line     5,     at end insert—

      '( ) at the end of the definition of "custodial sentence" there is inserted "and, in relation to sentences passed before the coming into force of section (Abolition of sentences of detention in a young offender institution and custody for life) of the Criminal Justice and Court Services Act 2000, includes a sentence of custody for life and a sentence of detention in a young offender institution",'

   

Mr Paul Boateng

186

Schedule     6,     page     63,     line     4,     at end insert—

    '.—(1) Schedule 9 (consequential amendments) is amended as follows.

    (2) Paragraphs 182 and 188 are omitted.

    (3) Sub-paragraph (2) has effect in relation to sentences passed after the coming into force of section (life sentences: tariffs).'

   

Mr Paul Boateng

187

Schedule     6,     page     63,     line     4,     at end insert—

    '. In Schedule 9 (consequential amendments), in paragraph 183, sub-paragraph (2)(b) and the preceding "and", and sub-paragraphs (3)(b) and (3)(c), are omitted.'


   

Mr Paul Boateng

109

Schedule     7,     page     63,     line     29,     at end insert—

     

    1999 c. 14.
     

Protection of Children Act 1999.

     

Section 6.'.

   

Mr Paul Boateng

188

Schedule     7,     page     63,     line     29,     at end insert—

     '1997 c. 43. Crime (Sentences) Act 1997.Section 28(9).
In section 34(1), the words following the first mention of "sentences".
In Schedule 5, paragraph 5(1).'

   

Mr Paul Boateng

189

Schedule     7,     page     63,     line     43,     column     3,     leave out 'paragraph 47(3)' and insert 'paragraphs 50(3), 182 and 188".'

   

Mr Paul Boateng

190

Schedule     7,     page     63,     line     44,     at end insert—

    'The repeals—

      (a) in sections 28 and 34 of, and paragraph 5 of Schedule 5 to, the Crime (Sentences) Act 1997, and

      (b) of paragraphs 182 and 188 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000,

    have effect in relation to sentences passed after the coming into force of section (life sentences: tariffs) of this Act.'


   

Mr Paul Boateng

174

Clause     58,     page     38,     line     38,     leave out 'or 20' and insert ' 20 or (Transfer of staff in consequence of arrangements under Part I).'


   

Mr Paul Boateng

101

Clause     63,     page     40,     line     10,     leave out '35 and 54 also extend to' and insert 'and 54 extend to England, Wales and'.

   

Mr Paul Boateng

102

Clause     63,     page     40,     line     10,     at end insert—

    '( ) Sections 24 to 31, so far as they relate to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court, extend to the whole of the United Kingdom.

    ( ) Section 35 extends to the whole of the United Kingdom.'.

   

Mr Paul Boateng

103

Clause     63,     page     40,     line     13,     at end insert—

    '( ) Paragraph 46A of Schedule 6 extends to the whole of the United Kingdom.'.

   

Mr Paul Boateng

175

Clause     63,     page     40,     line     13,     at end insert—

    '( ) So far as section (Life sentences: tariffs) relates to sentences passed by a court-martial, subsection (1) does not apply.'


NEW CLAUSES

Rehabilitation of offenders

   

Mr Paul Boateng

NC2

To move the following Clause:—

    '.—(1) Where a disqualification order is made in respect of an individual's conviction of an offence, the rehabilitation period which, in accordance with section 6 of the Rehabilitation of Offenders Act 1974 is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.

    (2) In this section "conviction" has the same meaning as in that Act.'.


Life sentences: tariffs

   

Mr Paul Boateng

NC4

To move the following Clause:—

    '.—(1) After section 82 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—

"Life sentences

Determination of tariffs.82A.—(1) This section applies if a court passes a life sentence in circumstances where—

      (a) the sentence is not fixed by law; or

      (b) the offender was aged under 18 when he committed the offence.

    (2) The court shall, except in the cases excluded by subsection (4) below, order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (referred to in this section as the "early release provisions") shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.

    (3) The part of his sentence shall be such as the court considers appropriate taking into account—

      (a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;

      (b) the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and

      (c) the early release provisions as compared with sections 33(2) and 35(1) of the Criminal Justice Act 1991.

    (4) The cases excluded by this subsection are those where the court—

      (a) is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, and

      (b) states that opinion in open court, together with the reasons for the opinion.

    (5) If, in a case excluded by subsection (4) above, the offender was aged under 18 when he committed the offence, the Secretary of State shall direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.

    (6) In this section—

      "court" includes a court-martial;

      "life sentence" has the same meaning as in Chapter II of Part II of the Crime (Sentences) Act 1997.

    (7) So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply."

    (2) In section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty's pleasure), after "murder" there is inserted "or any other offence the sentence for which is fixed by law as life imprisonment"; and, in the sidenote, after "murder" there is inserted "etc.".

    (3) This section has effect in relation to sentences passed after the coming into force of this section.

    (4) In relation to any time before the coming into force of section 87 of the Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for the words "of any direction it would have given under section 87 below" there were substituted the words "which section 67 of the Criminal Justice Act 1967 would have had".'

 
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