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Amendment Paper as at
Monday 12th June 2000

CONSIDERATION OF BILL


CRIMINAL JUSTICE AND COURT SERVICES BILL, AS AMENDED

NEW CLAUSES

Community sentences: electronic monitoring of requirements

   

Mr Secretary Straw

NC9

To move the following Clause:—

    '. After section 36A of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—

"Electronic monitoring of requirements in community orders.36B.—(1) Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender's compliance with any other requirements imposed by the order.

    (2) A court shall not include in a community order a requirement under subsection (1) above unless the court—

      (a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and

      (b) is satisfied that the necessary provision can be made under those arrangements.

    (3) Where—

      (a) it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but

      (b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

    the requirement shall not be included in the order without that person's consent.

    (4) Where—

      (a) it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender's compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2; but

      (b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

    the requirement shall not be included in the order without that person's consent.

    (5) An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

    (6) The Secretary of State may make rules for regulating—

      (a) the electronic monitoring of compliance with requirements included in a community order; and

      (b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.

    (7) In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.

    In this subsection "place", in relation to an exclusion order, has the same meaning as in section 40A below.

    (8) In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—

      (a) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2, the area mentioned in sub-paragraph (6) of that paragraph,

      (b) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (6) of that paragraph,

      (c) where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.

    (9) In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.

    (10) In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.".'.


Short-term prisoners: release subject to curfew conditions

   

Mr Secretary Straw

NC10

To move the following Clause:—

    '. In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted—

            "(aa) the sentence is for an offence to which Part I of the Sex Offenders Act 1997 (notification requirements for sex offenders) applies;".'.


Remand centres

   

Mr Secretary Straw

NC11

To move the following Clause:—

    '. In section 43(1) of the Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.'.


Defence under section 8 of the Misuse of Drugs Act 1971

   

Mrs Anne Campbell
Mr Peter Bottomley
Mr Bob Laxton
Mr Hilton Dawson
Dr Brian Iddon
Dr Jenny Tonge

NC1

To move the following Clause:—

    '.It shall be a defence for a person accused of an offence under section 8 of the Misuse of Drugs Act 1971 that he did not wilfully permit an activity under section 8 to take place.'.


Protection of Children Act 1978—maximum term of imprisonment

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC2

To move the following Clause:—

    '—For section 6 of the Protection of Children Act 1978 (Punishments), there shall be substituted—

    "(6) a person guilty of an offence under this Act shall be liable—

      (a) on conviction on indictment to imprisonment for a term not exceeding ten years or to a fine, or to both;

      (b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.".'.


Repeat Child Sex Offenders: Minimum Sentences

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC3

To move the following Clause:—

    '.—(1) (a) Subject to subsection (b), this section applies where a person over the age of 18 years is convicted in England and Wales of a sex offence against a child and has previously been convicted in any part of the United Kingdom of a sex offence against a child.

      (b) This section shall not apply to any person to whom section 2 of the Crime (Sentences) Act 1997 (Mandatory life sentence for second serious offence) applies.

    (2) Where the person referred to in (1) above has one previous conviction for a sex offence against a child, the court shall impose either

      (a) a sentence of imprisonment of at least five years, or

      (b) a sentence of life imprisonment.

    (3) Where the person referred to in (1) above has more than one previous conviction for a sex offence against a child, the court shall impose either

      (a) a sentence of imprisonment of at least 10 years, or

      (b) a sentence of life imprisonment.

    (4) The court may not impose the prescribed sentences specified in (2) and (3) if it is of the opinion that there are specific circumstances which relate to any of the offences or to the offender which would make the prescribed custodial sentence unjust in all the circumstances.

    (5) Section 58 of the Crime and Disorder Act 1998 (Sentences extended for licence purposes) shall apply to sentences passed under this section.

    (6) In this section "sex offence against a child" means any of the following offences where the victim or intended victim of the offence was or would have been under the age of sixteen years at the time of the offence or intended offence:

      (a) offences under the following provisions of the Sexual Offences Act 1956—

          (i) section 1 (rape);

          (ii) section 5 (intercourse with a girl under 13);

          (iii) section 6 (intercourse with a girl between 13 and 16);

          (iv) section 10 (incest by a man);

          (v) section 11 (incest by a woman);

          (vi) section 12 (buggery);

          (vii) section 13 (gross indecency);

          (viii) section 14 (indecent assault on a girl);

          (ix) section 15 (indecent assault on a boy);

          (x) section 16 (assault with intent to commit buggery);

          (xi) section 23 (procuration of a girl under 21);

          (xii) section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

      (b) an offence under section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child);

      (c) an offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse);

      (d) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

      (e) any offence under

          (i) section 70 of the Army Act 1955;

          (ii) section 70 of the Air Force Act 1955; or

          (iii) section 42 of the Naval Discipline Act 1957,

    of which an offence under paragraphs (a) to (d) would constitute a corresponding civil offence (within the meaning of that Act)

      (f) any offence of aiding, abetting, counselling, procuring or inciting the commission of the above offences;

      (g) any offence of conspiring or attempting to commit such an offence;

      (h) any offence under the law of Scotland or Northern Ireland that, if committed in England and Wales, would constitute an offence under paragraphs (a) to (g) above.'.


Possession of Indecent Photographs of Children

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr Peter Luff
Sir Paul Beresford

NC4

To move the following Clause:—

    '.—For section 160(3) of the Criminal Justice Act 1988 there shall be substituted:

    "(3) a person guilty of any offence under this section shall be liable—

      (a) on conviction, on indictment, to imprisonment for a term not exceeding 10 years, or a to fine, or to both;

      (b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.".'.

 
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