S.C.B.
Amendment Paper as at
Tuesday 4th February 2003
STANDING COMMITTEE B
New Amendments handed in are marked thus *
CRIMINAL JUSTICE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [17th December].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Wednesday 8th January (Sessional Order C relating to Programming):
That the Order of the Committee [17th December] be further amended, in paragraph (6), by leaving out '11.25 a.m.' and inserting '5.15 p.m.'.
Hilary Benn has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June 2001)]
Clause 130 (Meaning of "community sentence" etc.)
Question proposed, That the Clause stand part of the Bill.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
606
Clause 131, page 75, line 24, after first 'offence', insert 'and the circumstances of the offender'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
608
Clause 131, page 75, line 25, at end insert—
'(c) the court must explain to the offender in plain language that breach of the Order will result in an immediate custodial sentence'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
607
Clause 131, page 75, line 33, after first 'offence', insert 'and the circumstances of the offender'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath
672
Clause 132, page 75, line 38, leave out 'may' and insert 'must'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
609
Clause 133, page 76, line 4, at end insert 'save for offences under the Road Traffic Act'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
610
Clause 134, page 76, line 15, leave out 'three' and insert 'two'.
Hilary Benn
690
Clause 134, page 76, line 15, leave out 'in Great Britain' and insert 'by a court in the United Kingdom'.
Hilary Benn
691
Clause 134, page 76, line 17, leave out from beginning to 'and' in line 18 and insert 'had passed on him a sentence consisting only of a fine'.
Hilary Benn
692
Clause 134, page 76, line 31, at end insert—
'(3A) In subsection (1)(b), the reference to conviction by a court in the United Kingdom includes a reference to the finding of guilt in service disciplinary proceedings; and in relation to any such finding of guilt the reference to the sentence passed is a reference to the punishment awarded.
(3B) For the purposes of subsection (1)(b), a compensation order does not form part of an offender's sentence.'.
Hilary Benn
693
Clause 134, page 76, line 33, leave out from 'has' to end of line 34 and insert 'passed on the offender a sentence not consisting only of a fine'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
611
Clause 135, page 77, line 3, leave out from 'that' to end of line 4 and insert 'only a custodial sentence can be justified'.
Simon Hughes
Mr David Heath
706
Clause 135, page 77, line 4, at end insert—
'(2A) In considering the appropriate sentence under subsection (2) above, the court should start with the presumption that the sentence will be a custodial sentence when the offence has been one of violence against the person, interfering with the course of justice, causing death or injury by dangerous driving, or the commission of a sexual offence against or in connection with a minor.'.
Simon Hughes
Mr David Heath
646
Clause 136, page 77, line 19, at end insert—
'(3) For the purpose of this section, in assessing the seriousness of the offence a court shall not take into account general or specific deterrence, or the need to punish the offender for the offence.'.
Simon Hughes
Mr David Heath
647
Clause 137, page 77, line 23, leave out '12 months' and insert '51 weeks'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
612
Clause 137, page 77, line 23, at end add 'but may pass consecutive sentences in relation to two either way offences each of up 12 months.'.
Mr Graham Allen
502
Clause 137, page 77, line 38, leave out subsection (7).
Mr Graham Allen
501
Clause 137, page 77, line 40, at end insert—
'(8) This section shall not come into force unless the court has been notified by the Secretary of State that section 163 of this Act (prison sentences of less than 12 months) has been implemented for any offenders which it proposes to sentence to custody.'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
613
Clause 137, page 77, line 40, at end insert—
'(8) A district judge does not have power to impose imprisonment for more than 2 years in respect of any one offence but may pass consecutive sentences in relation to two or more either way offences each of up to two years.'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
614
Clause 137, page 77, line 40, at end insert—
'(9) A magistrates' court, if satisfied that failure to pay a fine or part thereof is due to wilful refusal or culpable neglect, may pass a custodial sentence of up to 12 months on a fine defaulter.'.
Simon Hughes
Mr David Heath
648
Clause 137, page 77, line 40, at end insert—
'(8) This section shall not come into force until the provisions in Chapter 3 of Part 12 of this Act relating to prison sentences of less than 12 months have come into effect.'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
615
Clause 138, page 78, line 4, leave out '65 weeks' and insert '2 years'.
Mr David Cameron
707
Clause 139, page 78, line 11, after 'and', insert 'subject to the restrictions on the Court of Appeal's ability to reduce sentences set out in section (Limits on the reduction of custodial sentences by the Court of Appeal)'.
Simon Hughes
Mr David Heath
669
Clause 139, page 78, line 14, at end insert—
'( ) An order under this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.
Simon Hughes
Mr David Heath
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
649
Page 78, line 8, leave out Clause 139.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
616
Clause 140, page 78, line 20, after 'offence', insert 'and the offender'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
617
Clause 141, page 79, line 28, leave out subsection (2).
Hilary Benn
543
Clause 142, page 80, line 8, leave out 'in writing'.
Mr Graham Allen
Simon Hughes
Mr David Heath
494
Clause 142, page 80, line 15, leave out 'an officer' and insert 'a Probation Officer'.
Mr Graham Allen
Simon Hughes
Mr David Heath
495
Clause 142, page 80, line 17, leave out 'an officer' and insert 'a Probation Officer'.
Hilary Benn
544
Clause 143, page 80, line 22, at end insert 'other than a report given orally in open court'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
618
Clause 143, page 80, line 25, leave out paragraph (b).
Simon Hughes
Mr David Heath
650
Clause 143, page 80, line 27, leave out subsection (3).
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
619
Clause 143, page 80, line 27, leave out '17' and insert '18'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
620
Clause 143, page 80, line 28, leave out from 'need' to end of line 29 and insert 'must be given to him and his parent or guardian or supporting relative if present in court.'.
