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S.C.B.
Amendment Paper as at
Thursday 6th February 2003
STANDING COMMITTEE B
CRIMINAL JUSTICE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [17th December].
Simon Hughes
Mr David Heath
651
Clause 144, page 81, line 6, leave out subsection (3).
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
621
Clause 144, page 81, line 6, leave out '17' and insert '18'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
622
Clause 144, page 81, line 7, leave out from 'need' to end of line 8 and insert 'must be given to him and his parent or guardian or supporting relative if present in court.'.
Simon Hughes
Mr David Heath
652
Clause 145, page 81, line 11, leave out '14' and insert '18'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
624
Clause 145, page 81, line 14, leave out 'specified Class A'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath
677
Clause 145, page 81, line 14, leave out 'Class A'.
Hilary Benn
547
Clause 145, page 81, line 17, leave out '16' and insert '17'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath
625
Clause 145, page 81, line 17, leave out '16' and insert '18'.
Hilary Benn
548
Clause 145, page 81, line 30, leave out '16' and insert '17'.
Simon Hughes
Mr David Heath
654
Clause 145, page 81, line 30, leave out '16' and insert '18'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
626
Clause 145, page 81, line 31, after 'guardian', insert 'or close adult relation'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath
678
Clause 145, page 81, leave out lines 39 and 40 and insert '"specified drug" means a drug which is a specified class A drug for the purposes of Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43) or which is specified by an order made by the Secretary of State.'.
Simon Hughes
Mr David Heath
655
Page 81, line 10, leave out Clause 145.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
627
Clause 148, page 82, line 42, at end insert 'and the circumstances of the offender'.
Mr Graham Allen
496
Clause 148, page 83, line 3, leave out 'the financial circumstances of the offender' and insert 'the offender's weekly disposable income and his readily available capital'.
Simon Hughes
Mr David Heath
670
Clause 148, page 83, line 3, leave out 'the financial circumstances of the offender' and insert 'the offender's disposable weekly income'.
Hilary Benn
549
Clause 148, page 83, line 11, at end insert—
| '( ) | has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (c.53) (offence of making false statement as to financial circumstances),'. |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
623
Clause 149, page 83, line 21, leave out from 'circumstances' to end of line 26 and insert 'the Court is of the opinion that it would be appropriate to remit the whole or part of the fine, or compensation or costs it may do so.'.
Mr Graham Allen
488
Clause 150, page 83, line 44, at end insert—
'(1A) Section 135(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.'.
Mr Graham Allen
489
Clause 150, page 84, leave out line 1 and insert 'Nothing in the sections mentioned in subsection (1)(a) to (d)'.
Mr Graham Allen
490
Clause 150, page 84, line 7, at end insert—
'( ) Subsections (1A) and (2) are without prejudice to the generality of subsection (1).'.
Mr Graham Allen
491
Clause 150, page 84, line 8, leave out 'those sections' and insert 'the sections mentioned in subsection (1)(a) to (d)'.
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
| Mr Dominic Grieve | Mr Humfrey Malins | Mr Mark Francois |
Dr Desmond Turner
|
518
Clause 151, page 84, line 22, at end insert 'which shall include as deputy chairman the Secretary of State for Home Department, or a person whom he nominates in his stead, and the chairman of the appropriate committee of the House of Commons, or a person whom he nominates in his stead, who, together with the Lord Chief Justice, shall comprise the Executive Committee of the Council'.
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
| Mr Dominic Grieve | Mr Humfrey Malins | Mr Mark Francois |
Dr Desmond Turner
|
519
Clause 151, page 84, line 24, at end insert 'and the chairman of the appropriate committee of the House of Commons.'.
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
| Mr Dominic Grieve | Mr Humfrey Malins | Mr Mark Francois |
Dr Desmond Turner
|
520
Clause 151, page 84, line 25, leave out subsection (4) and insert—
'(4) The other members of the council will include at least one of each of the following—
| (a) | a Lord Chief Justice of Appeal; |
| (b) | a judge of the High Court; |
| (e) | a District judge (Magistrates' Courts); |
| (j) | a representative of a Victims' Organisation; |
| (k) | a representative of the Business Community; |
| (l) | a teachers' representative; |
| (m) | three lay members of the public one of whom shall be over the age of 60 and one of whom shall be under 18; |
| (n) | a representative of ex-offenders' institutions; |
| (o) | a local government/crime and disorder partnership representative; |
| (p) | a legal professional, alternately a barrister or solicitor; |
| (q) | a social services representative.'. |
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
| Mr Dominic Grieve | Mr Humfrey Malins | Mr Mark Francois |
Dr Desmond Turner
|
521
Clause 151, page 84, line 31, leave out subsection (5).
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
539
Clause 153, page 85, line 20, at end insert—
'(1A) The Sentencing Guidelines Council shall issue a list of Standard Band sentences for offences in particular categories requested by the Home Secretary or Lord Chief Justice. This list shall be available to the public in the Annual Report of the Council and in whatever other formats are agreed by the Council. The Standard sentence shall be applied in the context of guidelines issued by the Council and with full judicial discretion which, where exercised, shall be explained in writing.'.
Mr Graham Allen
Simon Hughes
Mr Paul Stinchcombe
Ian Lucas
Vera Baird
Mr David Heath
541
Clause 153, page 85, line 21, leave out line 21 and insert—
'(2) The Secretary of State, Lord Chancellor or Chairman of the appropriate committee of the House of Commons must first propose to the Sentencing Advisory Panel that it prepares a report and recommendation prior to any consideration of the Council—'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath
679
Clause 153, page 85, line 32, leave out 'as definitive guidelines'.
Mr Graham Allen
503
Clause 153, page 86, line 2, at end insert 'and
| (f) | the current and prospective caseloads and resources of the national prison service and the national probation service.'. |
Mr Graham Allen
512
Clause 153, page 86, line 2, at end insert 'and
| (f) | the purposes of sentencing set out in section 126 of this Act.'. |
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