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

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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".'


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 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.'

 
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