Vote Bundle Text (900502-04)

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

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Abolition of sentences of detention in a young offender institution and custody for life

Mr Paul Boateng

NC5

To move the following Clause:—

'.—(1) No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life.

(2) A person who—

(a) has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution or to custody for life, and

(b) is aged under 21,

may be detained in a young offender institution, or in a prison, determined by the Secretary of State.

(3) A person who has been sentenced to imprisonment and is aged under 21 may be detained—

(a) in a prison, or

(b) in a young offender institution in which one or more persons mentioned in subsection (2) are detained,

determined by the Secretary of State.

(4) A determination of the Secretary of State under this section may be may made in respect of an individual or any description of individuals.

(5) The repeal by this Act of section 106(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of sentences of detention in a young offender institution) does not affect the validity of any order made, or having effect as if made, under paragraph (b) of that subsection.'

Transfer of staff in consequence of arrangements under Part I

Mr Paul Boateng

NC6

To move the following Clause:—

'.—(1) This section applies where, by reason of the implementation or termination of any arrangements under section 5, 8 or 13, any functions exercisable by any person (the "old employer") become exercisable by another person (whether on behalf, or instead, of the old employer).

(2) The appropriate Minister may by order make a scheme for the transfer to the other person (the "transferee") of any person (an "eligible employee") employed under a contract of employment with the transferor on work which would have continued but for the implementation or termination of the arrangements.

(3) A scheme may apply—

(a) to all, or any description of, eligible employees, or

(b) to any individual eligible employee.

(4) A scheme may be made only if any prescribed requirements about consultation have been complied with in relation to each of the eligible employees to be transferred in pursuance of the scheme.

(5) Section 21 (except subsection (5) and the definitions of "scheme" and "transferee") applies to a scheme made by virtue of this section as it applies to a scheme made by virtue of section 20, and as if "old employer" and "transferee" had the same meaning as in this section.'

Place for giving reprimands and warnings

Mr Paul Boateng

NC7

To move the following Clause:—

'. In section 65 of the Crime and Disorder Act 1998 (reprimands and warnings)—

(a) for subsection (5)(a) there is substituted—

"(a) where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and",

(b) in subsection (6), after paragraph (a) there is inserted—

"(aa) the places where reprimands and warnings may be given;".'.

Breach of community orders: failure to answer summons

Mr Paul Boateng

NC8

To move the following Clause:—

'. After paragraph 3(2) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach, revocation and amendment of certain community orders) there is inserted—

(4) Where a summons issued under sub-paragraph (1)(a) or a further summons issued under sub-paragraph (3) requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.".'.

Parenting orders: responsible officer

Mr Paul Boateng

NC9

To move the following Clause:—

'. In section 8(8) of the Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—

"(bb) a person nominated by a person appointed as chief education officer under section 532 of the Education Act 1996".'

Reinstatement of Disqualification Order

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

NC1

To move the following Clause:—

'.—(1) This section applies where the Tribunal has directed under the provisions of section 30 that a disqualification order is to cease to have effect in respect of an individual.

(2) A relevant person may at any time apply to the Tribunal for the reinstatement of the disqualification order.

(3) An application under subsection (2) may only be granted if the Tribunal is satisfied, having regard to all the circumstances, that it is likely that the individual may commit a further offence against a child.

(4) Where the Tribunal reinstates an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.

(5) In this section, "relevant person" means—

(a) the Secretary of State;

(b) a superintendent of police;

Miscellaneous offences involving controlled drugs

Jackie Ballard
Mr John Burnett

NC3

To move the following Clause:—

'(1) Section 8 of the Misuse of Drugs Act 1971 is amended as follows:—

(2) For the words "being the occupier or concerned in the management" there shall be substituted the words "being the occupier or manager"

(3) For the words "knowingly permits or suffers" there shall be substituted the words "knowingly and wilfully permits"

(4) Subsections 8(c) and 8(d) shall be deleted.'.