Vote Bundle Text (930204-06)

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

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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.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

727

*Schedule 16, page 227, line 20, at end insert 'in custody'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

728

*Schedule 16, page 228, line 8, leave out from 'with' to 'relating' and insert 'a written report'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

729

*Schedule 16, page 228, line 39, after 'offence', insert 'punishable with imprisonment'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

731

*Schedule 16, page 229, line 38, leave out paragraph (b).

Simon Hughes
Mr David Heath

657

Page 133, line 26, leave out Clause 243.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

731

*Schedule 18, page 233, line 20, leave out paragraph 1.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

732

*Schedule 18, page 234, line 9, leave out paragraph 8.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

733

*Schedule 18, page 234, line 27, leave out paragraph 14.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

734

*Schedule 19, page 242, line 9, leave out paragraph 4.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

735

*Clause 245, page 134, line 9, after 'order', insert 'which shall be debateable by Parliament'.

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

674

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

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

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

699

Clause 252, page 138, line 19, leave out 'does not include a court-martial' and insert '(without more) does not include a service court'.

Hilary Benn

698

Clause 252, page 139, line 16, at end insert—

' "service court" means—

(a)	a court-martial constituted under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53);

(b)	a summary appeal court constituted under section 83ZA of the Army Act 1955 (3&4Eliz.2 c.18), section 83ZA of the Air Force Act 1955 (3&4Eliz.2 c.19) or section 52FF of the Naval Discipline Act 1957 (c.53);

(c)	the Courts-Martial Appeal Court;

(d)	a Standing Civilian Court;

"service disciplinary proceedings" means—

(a)	any proceedings under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53) (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b)	any proceedings before a Standing Civilian Court;'.

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 Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

736

*Clause 253, page 140, line 7, leave out 'is omitted' and insert 'may be omitted if the court deems it appropriate'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

737

*Schedule 22, page 266, line 27, after 'person', insert—

(ca)	he is not a minister of religion;

(cb)	he does not hold a part-time or a full-time judicial appointment;

(cc)	he is not a member of either House of Parliament'.

Hilary Benn

700

Clause 264, page 147, line 14, leave out from 'include' to end of line 15 and insert 'a service court, as defined by section 252(1)'.

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
Simon Hughes
Mr David Heath

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);".'