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
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
Mr Paul Boateng 188 Schedule 7, page 63, line 29, at end insert
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
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 CLAUSESRehabilitation 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
(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
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
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
(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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