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

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Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins

50

Clause     34,     page     25,     line     22,     after 'not', insert 'knowingly'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins

49

Clause     34,     page     25,     line     30,     at end insert—

    '(2A) It shall be sufficient, for the purposes of proving that all reasonable steps were taken within the meaning of subsection (2), to show that the person became drunk other than on the licensed premises in question, and that no reasonable person would have believed that he was drunken when he entered those licensed premises.'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

109

Clause     34,     page     26,     line     11,     at end insert 'whom he has reason to believe has committed an offence contrary to section 169C of the Licensing Act 1964 or'.

   

Mr Charles Clarke

124

Clause     34,     page     26,     line     13,     after 'servant' insert 'or'.

   

Mr Charles Clarke

125

Clause     34,     page     26,     line     14,     leave out first 'or'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

110

Clause     34,     page     26,     line     15,     at end add—

    '( ) In section 174(2) of that Act for "Level 1" there shall be inserted "Level 3.".'.


   

Miss Ann Widdecombe
Mr James Gray

19

Clause     35,     page     26,     leave out lines 37 to 39 and insert—

    '(a) to consider whether likelihood of reoffending would be realistically minimised by including in the sentence the making of a travel restriction order in relation to the offender.'.

   

Mr Simon Hughes
Jackie Ballard

6

Clause     35,     page     27,     line     6,     after 'years', insert 'and not more than the same number of years as the sentence of imprisonment to which the offender was previously sentenced'.


   

Miss Ann Widdecombe
Mr James Gray

18

Clause     37,     page     29,     line     7,     at end insert 'or there are a change of circumstances which warrant a review of the original travel restriction order'.


   

Mr Simon Hughes
Jackie Ballard

7

Clause     43,     page     34,     line     17,     leave out '10' and insert '12'.


   

Mr Simon Hughes
Jackie Ballard

8

Clause     44,     page     34,     line     21,     leave out subsection (2).


   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins

52

Clause     45,     page     35,     line     11,     leave out 'any criminal investigation whatever' and insert 'a criminal investigation in relation to a serious arrestable offence'.

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins

51

Clause     45,     page     35,     line     12,     leave out 'or elsewhere'.


NEW CLAUSES

Exclusion of prisoners convicted of assaulting police officers, etc, from power to release short-term prisoners on licence

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

NC1

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)(b) there is inserted—

    "(ba) the sentence is for any of the following offences—

            (i) an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);

            (ii) an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);

            (iii) an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grevous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".'.


Exclusion of prisoners convicted of offences against children from power to release short-term prisoners on licence

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

NC2

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)(c) there is inserted—

            "(ca)(i) the sentence is for an offence listed in paragraph 1 of Schedule 4 to the Criminal Justice and Court Services Act 2000; or

            (ii) the sentence is for an offence listed in paragraph 2 of Schedule 4 to the Criminal Justice and Court Services Act 2000 which is committed against a person under the age of 18; or

            (iii) the sentence is for an offence which causes the prisoner to fall within paragraph 3 of Schedule 4 to the Criminal Justice and Court Services Act 2000.".'.


Section 19 guidance

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC3

To move the following Clause:—

    '.—The Secretary of State shall issue guidance—

    (a) about the exercise of the discretion given to senior police officers by section 19 of this Act;

(b) about the giving of closure orders; and

(c) with a view to encouraging good practice in connection with the operation of section 19.'.


Child's Penalty Notice

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC4

To move the following Clause:—

    '.—( ) A constable who has reason to believe that a person aged 16 or over has committed an offence contrary to section 169C of the Licensing Act 1964 may give him a penalty notice in respect of that offence at a police station (Child's penalty notice).

    ( ) Save as set out in subsection (1) of this section, the like provisions in respect of penalty notices shall apply in respect of a child's penalty notice.'.


Application to magistrates' court

   

Sir Nicholas Lyell
Mr Crispin Blunt

NC5

To move the following Clause:—

    '.—If a person to whom a penalty notice is alleged to have been given in accordance with sections 2 and 3, but who for whatever reason has failed to ask for this alleged offence to be tried in accordance with section 4 nonetheless thereafter shall make application to the relevant magistrates' court in writing for the penalty notice to be set aside the court shall consider the application and if in all the circumstances it is right in the interests of justice to do so shall either set the notice aside or shall order the matter to be tried.'.


ORDER OF THE COMMITTEE (6TH FEBRUARY)

    That—

    (1) during proceedings on the Criminal Justice and Police Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and half-past Four o'clock and on Thursdays at five minutes to Ten o'clock and between half-past Two o'clock and Five o'clock;

    (2) the Committee shall not meet on Thursday 8th February, Tuesday 20th February or Thursday 22nd February;

    (3) 14 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (4) the proceedings on the Bill shall be taken in the following order, namely Clauses 1 to 45, Schedule 1, Clauses 46 to 49, Schedule 2, Clauses 50 to 69, Schedule 3, Clauses 70 to 86, Schedule 4, Clauses 87 to 101, Schedule 5, Clauses 102 to 106, Schedule 6, Clauses 107 to 127, Schedule 7, Clauses 128 to 131, Schedule 8, Clause 132, new Clauses, new Schedules;

    (5) the proceedings on the Bill shall be brought to a conclusion at the 14th sitting at Five o'clock.


 
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Prepared 13 Feb 2001