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Index of Amendments

S.C.G.

Amendment Paper as at
Tuesday 9th May 2000

STANDING COMMITTEE G


CRIMINAL JUSTICE AND COURT SERVICES BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [4th April], as follows:—

Clauses 1 to 4; Schedule 1; Clauses 5 to 11; Schedule 2; Clauses 12 to 19; Schedule 3; Clauses 20 to 24; Schedule 4; Clauses 25 to 53; Schedule 5; Clauses 54 to 56; Schedule 6; Clause 57; Schedule 7; Clauses 58 to 64; new Clauses; new Schedules.

   

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

22

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

23

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—

            "(1A) In this Chapter—

            (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—

            "or the extent of Chapter II of Part II so far as it relates to sentences passed by a court-martial".'

   

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.'

 
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Prepared 9 May 2000