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—
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'.
Hilary Benn
711
Clause 272, page 149, line 35, at end insert—
'Section (Transfer of community orders to Scotland or Northern Ireland) and Schedule (Transfer of community orders to Scotland or Northern Ireland);'.
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 the appropriate committee of the House of Commons, 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 the appropriate committee of the House of Commons, 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.'.
Transfer of community orders to Scotland or Northern Ireland
Hilary Benn
NC13
To move the following Clause:—
'Schedule (Transfer of community orders to Scotland or Northern Ireland) shall have effect.'.
Hilary Benn
NS1
To move the following Schedule:—
'Transfer of community orders to Scotland or Northern Ireland
Scotland
| 1 | (1) | Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a community order in respect of the offender unless it appears to the court— |
(a) in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) in whose area he resides, or will be residing when the order comes into force.
| (2) | The requirements referred to in sub-paragraph (1)(a) are— |
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement, and
(g) an electronic monitoring requirement.
(a) the appropriate court for the purposes of paragraph 16 of Schedule 7 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a community order is in force proposes to reside or is residing in Scotland, and
(b) it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,
the power of the court to amend the order under Part 4 of Schedule 7 includes power to amend it by requiring it to be complied with in Scotland and for the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
| (4) | For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force. |
| (5) | The court may not by virtue of sub-paragraph (1) or (3) require an attendance centre requirement to be complied with in Scotland. |
| (6) | A community order made or amended in accordance with this paragraph must— |
(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force,
(b) specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Scotland;
(c) specify as the appropriate court for the purposes of subsection (4) of section 228 of the Criminal Procedure (Scotland) Act 1995 (c.46) a court of summary jurisdiction (which, in the case of an offender convicted on indictment, must be the sheriff court) having jurisdiction in the locality specified under paragraph (a);
and section 196 (petty sessions area to be specified) does not apply in relation to an order so made or amended.
| 2 | (1) | Where a court is considering the making or amendment of a community order by virtue of paragraph 1, Chapter 4 of Part 12 of this Act has effect subject to the following modifications. |
| (2) | Any reference to the responsible officer has effect as a reference to the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) responsible for the offender's supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995 (c.46). |
| (3) | In subsection (7)(b) of section 181 (activity requirement) the reference to the local probation board has effect as a reference to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39). |
| (4) | In section 187 (mental health treatment requirement), for subsection (2)(a) there is substituted— |
| "(a) | treatment as a resident patient in a hospital within the meaning of the Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;". |
Northern Ireland
| 3 | (1) | Where the court considering the making of a community order is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not include in the order such a requirement as is mentioned in sub-paragraph (2) unless it appears to the court that arrangements can be made by the Probation Board for Northern Ireland for him to comply with the requirement. |
| (2) | The requirements referred to in sub-paragraph (1) are— |
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement,
(g) an attendance centre requirement, and
(h) an electronic monitoring requirement.
(a) the appropriate court for the purposes of paragraph 16 of Schedule 7 (amendment by reason of change of residence) is satisfied that the offender to whom a community order relates proposes to reside or is residing in Northern Ireland, and
(b) it appears to the court that provision can be made by the Probation Board for Northern Ireland for the offender to comply with the requirement,
the power of the court to amend the order under Part 4 of Schedule 7 includes power to amend it by requiring it to be complied with in Northern Ireland.
| (4) | A community order made or amended in accordance with this paragraph must specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and section 196 (petty sessions area to be specified) does not apply in relation to an order so made or amended. |
| (5) | A community order made or amended in accordance with this paragraph must also specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland. |
| 4 | (1) | Where a court is considering the making or amendment of a community order by virtue of paragraph 3, Chapter 4 of Part 12 of this Act has subject to the following modifications. |
| (2) | Any reference to the responsible officer has effect as a reference to the probation officer responsible for the offender's supervision or, as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)). |
| (3) | In subsection (7)(b) of section 181 (activity requirement) the reference to the local probation board for the area in which the premises are situated has effect as a reference to the Probation Board for Northern Ireland. |
| (4) | In section 187 (mental health treatment requirement), for subsection (2)(a) there is substituted— |
| "(a) | treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996;". |
General provisions
| 5 | | In this Part of this Schedule— |
"corresponding order" means the order specified under paragraph 1(6)(b) or 3(5);"home court" means—
| (a) | if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside, and |
| (b) | if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside; |
"the local authority officer concerned", in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) responsible for his supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995 (c.46);"the probation officer concerned", in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));"the relevant time" means the time when the order or the amendment to it comes into force.
| 6 | | Where a community order is made or amended in accordance with paragraph 1 or 3, the court which makes or amends the order must provide the home court with a copy of the order as made or amended, together with such other documents and information relating to the case as it considers likely to be of assistance to that court; and paragraphs (b) to (d) of subsection (1) of section 199 (provision of copies of relevant orders) do not apply. |
| 7 | | In section 200 (duty of offender to keep in touch with responsible officer) the reference to the responsible officer is to be read in accordance with paragraph 2(2) or 4(2). |
| 8 | | Where a community order is made or amended in accordance with paragraph 1 or 3, then, subject to the following provisions of this Part of this Schedule— |
(a) the order is to be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time, and
(b) the legislation relating to such orders which has effect in that part of the United Kingdom applies accordingly.
| 9 | | Before making or amending a community order in those circumstances the court must explain to the offender in ordinary language— |
(a) the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time,
(b) the powers of the home court under that legislation, as modified by this Part of this Schedule, and
(c) its own powers under this Part of this Schedule.
| 10 | | The home court may exercise in relation to the community order any power which it could exercise in relation to the corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following— |
(a) section 232(2)(b), 233, 239(5)(b) or 240(1)(c) or (d) of, or paragraph 1 of Schedule 6 to, the Criminal Procedure (Scotland) Act 1995 (c.46);
(b) paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)); and
(c) in the case of a community order imposing an unpaid work requirement, any power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.
| 11 | | If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of paragraph 7 to a community order made in England and Wales— |
(a) it appears to the home court—
| (i) | if that court is in Scotland, on information from the local authority officer concerned, or |
| (ii) | if that court is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order, |
that the offender has failed to comply with any of the requirements of the order, or
(b) it appears to the home court—
| (i) | if that court is in Scotland, on the application of the offender or of the local authority officer concerned, or |
| (ii) | if it is in Northern Ireland, on the application of the offender or of the probation officer concerned, |
that it would be in the interests of justice for a power conferred by paragraph 13 or 14 of Schedule 7 to be exercised,
the home court may require the offender to appear before the court which made the order.
| 12 | | Where an offender is required by virtue of paragraph 11 to appear before the court which made the community order, that court— |
(a) may issue a warrant for his arrest, and
(b) may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,
and any enactment relating to the exercise of such powers has effect accordingly, and with any reference to the responsible officer being read as a reference to the local authority officer or probation officer concerned.
| 13 | | Paragraph 12(b) does not enable the court to amend the community order unless— |
(a) where the offender resides in Scotland, it appears to the court that the conditions in paragraph 1(1)(a) and (b) are satisfied in relation to any requirement to be imposed, or
(b) where the offender resides in Northern Ireland, it appears to the court that arrangements can be made by the Probation Board for Northern Ireland for him to comply with any requirement to be imposed.
| 14 | | The preceding paragraphs of this Schedule have effect in relation to the amendment of a community order by virtue of paragraph 12(b) as they have effect in relation to the amendment of such an order by virtue of paragraph 1(3) or 3(3). |
| 15 | | Where an offender is required by virtue of paragraph (a) of paragraph 11 to appear before the court which made the community order— |
(a) the home court must send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable, and
(b) a certificate purporting to be signed by the clerk of the home court is admissible as evidence of the failure before the court which made the order.'.
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, AS AMENDED ON 9TH AND 23RD JANUARY]
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 26 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 9th January 2003;
(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;
(4) the proceedings on Clauses 36 to 48 (so far as not previously concluded) shall be brought to a conclusion at 6.50 p.m. on Tuesday 14th January 2003;
(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;
(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.
|
