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| Mr Simon Hughes | Mr Richard Livsey | Jackie Ballard |
| Bob Russell | Mr John Burnett |
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 of common assault or an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grevious bodily harm and causing actual bodily harm) which was committed against a constable in the execution of his duty, any member of staff of the emergency services in the course of his duty or any member of staff of the National Health Service in the course 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.".'.
Court to state the existence and effect of section 34A of the Criminal Justice Act 1991 when passing sentence
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
NC3
To move the following Clause:—'When passing a custodial sentence under which a prisoner would qualify to be released under the provisions of section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), the court shall state in ordinary language—
- (a) the existence and nature of the power of the Secretary of State to release the prisoner under that section;
- (b) the minimum term the prisoner would serve were the Secretary of State to release him immediately after having served the requisite period as defined in subsection (4) of that section.'.
Exclusion of prisoners convicted of offences punishable by maximum sentence of ten years more 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
NC4
To move the 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—
- "(ab) the sentence is for an offence for which the maximum term of imprisonment is ten years or more;".'.
Enticing a child to engage in indecent conduct: Amendment of section 1 of the Indecency with Children Act 1960
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
| Mr Simon Hughes | Mr Richard Livsey | Jackie Ballard |
| Bob Russell | Mr Paul Burstow | Mr John Burnett |
NC5
To move the following Clause:—'In section 1(1) of the Indecency with Children Act 1960, after "incites" there is inserted "or entices".'.
Independent counsel to be present during searches to assess whether seized material is legally privileged
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
| Mr Simon Hughes | Mr Richard Livsey | Jackie Ballard |
| Bob Russell | Mr John Burnett |
NC6
To move the following Clause:—'Where a constable or other person is exercising or proposing to exercise any lawful power of search, and he has reasonable grounds to believe that material which is legally privileged may be seized as a result, he shall ensure that independent counsel is present throughout the search to assist in the determination of whether such material is legally privileged or not.'.
Summary offence of urination or defecation in a public place
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
NC7
To move the following Clause:—'(1) A person who urinates or defecates in a public place otherwise than by using a lavatory commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) In this section, "public place" means any place in the open to which the public or any section of the public has access as of right or by virtue of express or implied permission.'.
Closure orders: Secretary of State's Guidance
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
| Mr Simon Hughes | Mr Richard Livsey | Jackie Ballard |
| Bob Russell | Mr John Burnett |
NC8
To move the following Clause:—'The Secretary of State shall issue guidance—
- (a) about the exercise of the discretion given to senior police officers under the amendments to the Licensing Act 1964 made by section 19 of this Act;
- (b) about the making of closure orders under the amendments to the Licensing Act 1964 made by section 19 of this Act;
- (c) in order to encourage good practice in connection with the operation of the amendments to the Licensing Act 1964 made by section 19 of this Act.'.
Child's penalty notice for offence under section 169C of the Licensing Act 1964
Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
NC9
To move the following Clause:—'.—(1) 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 ("a child's penalty notice").
(2) Save as set out in subsection (1) above, the like provisions in respect of penalty notices shall apply in respect of a child's penalty notice.'.
Encrypted information
Sir Paul Beresford
Mr Peter Atkinson
Sir David Madel
Sir Peter Lloyd
Mr David Amess
Sir Sydney Chapman
NC10
To move the following Clause:—'.—At the end of section 53(5) Regulation of Investigatory Powers Act 2000 there is added—
- "(c) on conviction on indictment, to imprisonment of a term not exceeding ten years or to a fine, or to both, where the encrypted material has been seized under section IV of the Protection of Children Act 1978.
- (d) on summary conviction to imprisonment for a term not exceeding five years or to a fine not exceeding the statutory maximum or both where the encrypted material has been seized under section IV of the Protection of Children Act 1978".'.
Unduly lenient sentences
Sir Paul Beresford
Mr Peter Atkinson
Sir David Madel
Sir Peter Lloyd
Mr David Amess
Sir Sydney Chapman
NC11
To move the following Clause:—'.—For section 35(3) of the Criminal Justice Act 1988 (Scope of Part IV), there is substituted—
"(3) This Part of the Act applies to any case in which sentence is passed on a person—
- (a) for an offence triable only on indictment; or
- (b) for an offence of a description specified in an order under this section; or
- (c) for an offence under the Protection of Children Act 1978; or
- (d) for an offence under section 160 of the Criminal Justice Act 1988".'.
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| ©Parliamentary copyright 2000 | Prepared 14 Mar 2001 |