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

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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'.


   

Mr Graham Allen

746

Clause     262,     page     145,     line     28,     leave out 'and'.

   

Mr Graham Allen

747

Clause     262,     page     145,     line     31,     at end insert—

'(i) every Local Education Authority any part of whose area falls within the relevant area, and

(j) the leisure department of every local authority whose area falls within the relevant area.'


   

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

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'.


   

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.'.


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.'.


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.'.


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.'.



 
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