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

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Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath

676

Clause     265,     page     147,     leave out line 40.


   

Hilary Benn

44

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

45

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

   

Hilary Benn

46

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

47

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

48

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.'.


Increase in sentences for illegal trade in endangered species

   

John Mann

NC1

To move the following Clause:—

    '(1)   In sections 1(6) and 4(5) of the Endangered Species (Import and Export) Act 1976, for the word "two" in each place where it appears there is substituted "five".

    (2)   In regulations 3(1), 3(2)(b), 4(1)(b), 4(2)(b), 4(3)(b), 6(b), 7(2)(b), 8(8)(b) and 9(7)(b) of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 for the word "two" in each place where it appears there is substituted "five".'.


Offences in connection with reporting

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

NC2

To move the following Clause:—

    '( )   Any person knowingly disclosing information concerning matters in section 69(1) and (2) shall be guilty of an indictable only offence punishable on indictment by 10 years imprisonment.'.


Nature of offence

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

NC3

To move the following Clause:—

       'The requirement of this section is met if—

      (1) the offence in question involves very serious violence or the threat of very serious violence; and

      (2) the acquitted person presents a risk to public safety.'.


Lord Chancellor and Ministry of Justice

   

Mr Graham Allen

NC4

To move the following Clause:—

    '(1)   References in this Act to "the Lord Chancellor" shall include references to any member of the Cabinet who has been appointed to carry out the functions of the Lord Chancellor under this Act.

    (2)   Any member of the Cabinet who carries out the functions of the Lord Chancellor under this Act shall not also serve as a member of the judiciary or as a presiding officer of the House of Lords.'.


Power to increase fine

   

Mr Graham Allen

NC5

To move the following Clause:—

    '(1)   This section applies where a court has fixed the amount of a fine and the fine has not been paid in full.

    (2)   If it becomes known to the court that the offender has a higher weekly disposable income or readily available capital than was known to it when it fixed the level of the fine it may increase the level of the fine.'.


Duty of probation areas to consult with magistrates

   

Mr Graham Allen

NC6

To move the following Clause:—

       'It shall be the duty of each probation area to establish consultation arrangements with local magistrates' courts committees and local communities.'.


Criminal justice information

   

Mr Graham Allen

NC7

To move the following Clause:—

    '(1)   The powers conferred by this Act on the Secretary of State include the power to make an order or rules for the publication and distribution of information about criminal justice, and requiring any person or persons to publish or distribute such information in a prescribed form.

    (2)   Without prejudice to the generality of subsection (1) these powers shall include the power to make an order for the publication and distribution of an annual Table indicating in respect of each Regional Constabulary—

      (a) the ratio of successful prosecutions for offences to the level of offences reported to the police in the relevant area, and

      (b) in such form as the Secretary of State may require, the amount of criminal offences which are not reported to the police, and

      (c) after consultation with Parliament, the measures used to judge the success or failure of each Constabulary in the performance of its duties in relation to criminal justice, and

      (d) after consultation with Parliament, the mechanisms used to improve the performance of Constabularies assessed as failing under subsection (c) above.'.


Release before end of sentence

   

Mr David Cameron

NC10

To move the following Clause:—

    '(1)   No prisoner should be released on licence or probation or be granted any other form of permanent release until they have reached the end of their sentence, save as in subsection (2) below.

    (2)   The prison governor, or relevant authority in each prison, should be able to reduce a prisoner's sentence by up to 10 per cent. of the total, as a reward for good behaviour.

    (3)   These provisions only apply to sentences passed by courts in England and Wales after 31st December 2003.'.


Custodial sentences for burglars

   

Mr David Cameron

NC11

To move the following Clause:—

    '(1)   Anyone convicted of the offence of burglary should be sentenced to a minimum of two years in prison, save for the exceptions given in subsection (2) below.

    (2)   The court may disregard the mandatory custodial sentence for burglars in subsection (1) above if, and only if—

      (a) it is the individual's first conviction for burglary; and

      (b) the court judges that the case includes exceptional circumstances, as in subsection (3) below.

    (3)   "Exceptional circumstances" includes—

      (a) that the court judges that the defendant is unlikely to re-offend; and

      (b) that the offence for which the defendant is found guilty does not include any violent or threatening behaviour or other aggravating features.'.


Limits on the reduction of custodial sentences by the Court of Appeal

   

Mr David Cameron

NC12

To move the following Clause:—

       'Where—

      (a) a custodial sentence of four years or less has been passed in a Crown court or a magistrates court; and

      (b) where that sentence is appealed against to the Court of Appeal; and

      (c) the Court of Appeal determines that the sentence should be reduced,

       the maximum reduction that may be made by the Court of Appeal is 10 per cent. of the original sentence.'.


EXTRACT FROM ORDER OF THE HOUSE [4th DECEMBER]

That the following provisions shall apply to the Criminal Justice Bill—

Committal

    (1)   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    (2)   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 27th February 2003.

    (3)   The Standing Committee shall have leave to sit twice on the first day on which it meets.


ORDER OF THE COMMITTEE [17th DECEMBER]

That—

    (1)   during proceedings on the Criminal Justice Bill the Standing Committee, in addition to its first sitting on Tuesday 17th December at half-past Ten o'clock, do meet on that day at half-past Four o'clock, on Thursday 19th December at ten minutes past Nine o'clock, on Tuesday 7th January at half-past Four o'clock and thereafter on Tuesdays and Thursdays at ten minutes past Nine o'clock and half-past Two o'clock, except that the Committee shall not meet on Tuesday 18th February or Thursday 20th February;

    (2)   the proceedings shall be taken in the following order, namely Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2, Clauses 24 to 34, Clauses 36 to 48, Clause 62, Schedule 4, Clauses 63 to 97, Schedule 5, Clauses 98 to 119, Schedule 6, Clauses 120 to 162, Schedule 7, Clauses 163 to 169, Schedule 8, Clauses 170 to 174, Schedule 9, Clauses 175 to 199, Schedule 10, Clauses 200 to 204, Schedule 11, Clauses 205 to 209, Schedules 12 and 13, Clause 210, Schedule 14, Clauses 211 to 219, Schedule 15, Clauses 220 to 242, Schedule 16, Clause 243, Schedule 17, Clause 244, Schedules 18 and 19, Clauses 245 to 248, Schedule 20, Clauses 249 to 251, Schedule 21, Clauses 252 to 258, Schedule 22, Clauses 259 to 261, Schedule 23, Clauses 262 to 264, Clause 35, Schedule 3, Clauses 49 to 61, Clauses 265 and 266, Schedule 25, Clause 267, Schedule 26, Clause 268, Schedule 24, Clauses 269 to 273, new Clauses, new Schedules;

    (3)   the proceedings on Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2 and Clauses 24 to 34 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 9th January 2003;

    (4)   the proceedings on Clauses 36 to 48 (so far as not previously concluded) shall be brought to a conclusion at 5.15 p.m. on Tuesday 14th January 2003;

    (5)   the proceedings on Clause 62, Schedule 4, Clauses 63 to 97, Schedule 5, Clauses 98 to 119, Schedule 6 and Clauses 120 to 125 (so far as not previously concluded) shall be brought to a conclusion at 5.15 p.m. on Tuesday 28th January 2003;

    (6)   the proceedings on Clauses 126 to 162, Schedule 7, Clauses 163 to 169, Schedule 8, Clauses 170 to 174, Schedule 9, Clauses 175 to 199, Schedule 10 and Clauses 200 to 203 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Tuesday 4th February 2003;

    (7)   the proceedings on Clause 204, Schedule 11, Clauses 205 to 209, Schedules 12 and 13, Clause 210, Schedule 14, Clauses 211 to 219, Schedule 15, Clauses 220 to 242, Schedule 16, Clause 243, Schedule 17, Clause 244, Schedules 18 and 19, Clauses 245 to 248, Schedule 20, Clauses 249 to 251, Schedule 21, Clauses 252 to 258, Schedule 22, Clauses 259 to 261, Schedule 23 and Clauses 262 to 264 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 13th February 2003;

    (8)   the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 5.15 p.m. on Thursday 27th February 2003.


ORDER OF THE COMMITTEE [9TH JANUARY]

That the Order of the Committee [17th December] be amended as follows—

    (1)   in paragraph (3), by leaving out '34' and inserting '26';

    (2)   after paragraph (3), by inserting—

       '(3A) the proceedings on Clauses 27 to 34 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Thursday 9th January 2003;'

    (3)   in paragraph (4), by leaving out '5.15 p.m.' and inserting '6.50 p.m.'.


ORDER OF THE COMMITTEE [23RD JANUARY]

That the Order of the Committee [17th December] be further amended, by leaving out paragraph (5) and inserting—

    '(5)   the proceedings on Clause 62, Schedule 4, Clauses 63 to 97 and Schedule 5 (so far as not previously concluded) shall be brought to a conclusion at 5.50 p.m. on Thursday 23rd January 2003;

    (5A)   the proceedings on Clauses 98 to 119, Schedule 6 and Clauses 120 to 125 (so far as not previously concluded) shall be brought to a conclusion at 6.50 p.m. on Tuesday 28th January 2003;'.


 
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