Vote Bundle Text (930128-07)

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

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Hilary Benn

561

Clause 225, page 125, line 28, at end insert 'or (2A)(b)(ii)'.

Hilary Benn

562

Clause 225, page 125, leave out lines 29 to 31.

Hilary Benn

563

Clause 225, page 125, leave out lines 32 and 33 and insert—

'(5) In this section—

"the required custodial days", in relation to a person serving a sentence of intermittent custody, means—

(a)	the number of custodial days specified under section 165, or

(b)	in the case of two or more sentences of intermittent custody, the aggregate of the numbers so specified;

"the requisite custodial period", in relation to a person serving any sentence other than a sentence of intermittent custody, has the meaning given by paragraph (a), (b) or (d) of section 224(3);"sentence of intermittent custody" means a sentence to which an intermittent custody order relates.'.

Hilary Benn

564

Clause 226, page 125, line 38, leave out subsections (2) and (3) and insert—

'(2) As soon as—

(a)	a prisoner to whom this section applies has served one-half of the appropriate custodial term, and

(b)	the Parole Board has directed his release under this section,

it is the duty of the Secretary of State to release him on licence.

(2A) The Parole Board may not give a direction under subsection (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(3) As soon as a prisoner to whom this section applies has served the appropriate custodial term, it is the duty of the Secretary of State to release him on licence unless the prisoner has previously been recalled under section 232.'.

Hilary Benn

565

Clause 229, page 127, line 3, at end insert—

'(2A) For the purposes of subsection (2)(a)(i), any reference in the relevant court order to the licence period specified in the order is, in relation to a prohibited activity requirement, exclusion requirement, residence requirement or supervision requirement, to be taken to include a reference to any other period during which the prisoner is released on licence under section 225 or 227.'.

Hilary Benn

566

Clause 229, page 127, line 5, leave out '(including such a sentence imposed under section 207) or more' and insert 'or more (including such a sentence imposed under section 207)'.

Hilary Benn

567

Clause 231, page 128, line 9, at end insert—

'(3A) Subsection (3) does not apply in relation to a released person to whom an intermittent custody order relates; and in relation to such a person the curfew condition is to remain in force until the number of days during which it has been in force is equal to the number of the required custodial days, as defined in section 225(5), that remained to be served at the time when he was released under section 225.'.

Hilary Benn

568

Clause 236, page 130, line 14, leave out 'Part' and insert 'Chapter'.

Hilary Benn

569

Clause 239, page 132, line 22, leave out '16' and insert '17'.

Hilary Benn

570

Clause 239, page 132, line 27, leave out '16' and insert '17'.

Simon Hughes
Mr David Heath

656

*Page 132, line 8, leave out Clause 239.

Simon Hughes
Mr David Heath

657

*Page 133, line 26, leave out Clause 243.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

674

*Clause 245, page 134, line 12, leave out paragraph (b).

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

675

*Clause 247, page 136, line 23, leave out paragraph (a).

Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath

687

*Clause 252, page 138, line 8, at end insert '"the appropriate committee of the House of Commons" means any select committee of the House of Commons which the House of Commons may from time to time designate by resolution to be the appropriate committee for the purposes of this Act;'.

Hilary Benn

636

*Clause 252, page 139, line 38, leave out '206' and insert '207'.

Hilary Benn

637

Clause 252, page 139, line 40, leave out from 'section' to end of line 44 and insert—

'(c)	a sentence falls to be imposed under section 206 if, because the court is of the opinion mentioned in subsection (1)(b) of that section and considers that the case falls within subsection (2) or (3) of that section, the court is obliged to pass a sentence complying with that section, and

(d)	a sentence falls to be imposed under section 208 if, because the court is of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section, the court is obliged to pass a sentence complying with that section.'.

Mr Graham Allen

111

Clause 265, page 147, line 31, at end add 'and—

(c)	may be exercised for the purpose of improving incentives for the collection of fines.'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

676

*Clause 265, page 147, leave out line 40.

Hilary Benn

Schedule 25, page 274, line 35, at end insert—

'(1A)

In subsection (1)(g) after "examination)" there is inserted ", section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc)".'

Hilary Benn

Schedule 25, page 274, line 38, leave out 'or'.

Hilary Benn

Schedule 25, page 274, line 38, at end insert—

'(2A)

In subsection (1)(g) after sub-paragraph (iii) there is inserted "or

(iiia) section 24C (intention as to plea by child or young person: adjournment);".'

Hilary Benn

Schedule 26, page 279, line 39, column 2, leave out '22(3),' and insert '22, in subsection (1) the words "subject to section 25 of the Criminal Justice and Public Order Act 1994" and in subsection (3)'.

Hilary Benn

Schedule 26, page 280, line 16, column 2, leave out 'paragraph' and insert 'paragraphs 15 and'.

Hilary Benn

593

Schedule 26, page 283, line 22, column 2, at end insert—

'Section 84.'.

Hilary Benn

178

Schedule 26, page 293, line 3, at end insert—

'Bail Act 1976 (c.63) In section 5(1)(c), the words "a court or officer of a court appoints".'

Hilary Benn

591

Schedule 24, page 274, line 1, leave out '16' and insert '17'.

Hilary Benn

592

Schedule 24, page 274, line 6, leave out '16' and insert '17'.

NEW CLAUSES

Early release of fine defaulters and contemnors

Hilary Benn

NC8

To move the following Clause:—

'(1) This section applies in relation to a person committed to prison—

(a)	in default of payment of a sum adjudged to be paid by a conviction, or

(b)	for contempt of court or any kindred offence.

(2) As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

(3) Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

(4) The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person's release on compassionate grounds.'.

Restriction on consecutive sentences for released prisoners

Hilary Benn

NC9

To move the following Clause:—

'(1) A court sentencing a person to a term of imprisonment may not order or direct that the term is to commence on the expiry of any other sentence of imprisonment from which he has been released early under this Chapter.

(2) In this section "sentence of imprisonment" includes a sentence of detention under section 91 of the Sentencing Act or section 208 of this Act, and "term of imprisonment" is to be read accordingly.'.