|
Hilary Benn
875
Schedule 21, page 264, line 31, leave out paragraphs 78 to 81 and insert—
| | | 'In section 3 of the Vagrancy Act 1824 (c.83) (idle and disorderly persons), for the words from "subject to" to the end there is substituted "it shall be lawful for any justice of the peace to impose on such person (being thereof convicted before him by his own view, or by the confession of such person, or by the evidence on oath of one or more credible witnesses) a fine not exceeding level 3 on the standard scale". |
| ( ) | Section 4 of that Act (rogues and vagabonds) is amended as follows. |
| ( ) | In that section, for the words from "shall be" to the end there is substituted "commits an offence under this section". |
| ( ) | At the end of that section (which becomes subsection (1)) there is inserted— |
"(2) It shall be lawful for any justice of the peace to impose on any person who commits an offence under this section (being thereof convicted before him by the confession of such person, or by the evidence on oath of one or more credible witnesses)—
| (a) | in the case of a person convicted of the offence of wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, and not giving a good account of himself, a fine not exceeding level 1 on the standard scale, and |
| (b) | in the case of a person convicted of any other offence under this section, a fine not exceeding level 3 on the standard scale.".'. |
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
752
Clause 252, page 138, line 34, at end insert—
'"default order" has the meaning given by section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(3);'.
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'.
Hilary Benn
748
Clause 256, page 141, line 11, at end insert—
'(7A) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for "Great Britain" there is substituted "the United Kingdom".'.
Hilary Benn
749
Clause 256, page 141, line 13, at end insert—
'(9) In Schedule 4 (modifications for Northern Ireland) paragraph 16 is omitted.'.
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
753
Clause 265, page 148, line 3, at end insert—
'section (Fine defaulters: driving disqualification)(5),'.
Hilary Benn
754
Clause 265, page 148, line 4, after '262(7),' insert—
'paragraph 5 of Schedule (Default orders: modification of provisions relating to community orders),'.
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
808
Schedule 26, page 282, line 11, at end insert—
| 'Piracy Act 1837 (c.88) | Section 3.' |
Hilary Benn
809
Schedule 26, page 282, line 11, at end insert—
| 'Children and Young Persons Act 1963 (c.37) | In section 16(3), the words "mandatory and".' |
Hilary Benn
810
Schedule 26, page 282, line 13, column 2, leave out lines 12 and 13 and insert—
| 'In section 104, in subsection (1) the definition of "suspended sentence" and subsection (2).' |
Hilary Benn
811
Schedule 26, page 282, line 14, column 2, at beginning insert—
| subsection (2)(c) and the word "or" immediately preceding it, and
subsection (3)(cc).' |
Hilary Benn
812
Schedule 26, page 282, line 32, column 2, at beginning insert—
| 'In section 68(2)(d), the words "a probation order has been made in respect of him or he has been".' |
Hilary Benn
813
Schedule 26, page 282, line 39, leave out 'paragraph (d)' and insert 'paragraph (c)'.
Hilary Benn
814
Schedule 26, page 282, line 41, at end insert—
| 'Criminal Procedure (Scotland) Act 1995 (c.46) | In section 234— |
| in subsection (2), the words from "but does not" to the end, | subsection (5)(b) and the word "and" immediately preceding it, and
subsection (11).' |
Hilary Benn
815
Schedule 26, page 282, line 41, at end insert—
| 'Crime (Sentences) Act 1997 (c.43) | Sections 35 and 40.' |
Hilary Benn
816
Schedule 26, page 282, line 41, at end insert—
| 'Crime (Sentences) Act 1997 (c.43) | In Schedule 4, paragraphs 6(2), 7, 12(1) and 15(10).' |
Hilary Benn
817
Schedule 26, page 283, line 2, column 2, at end insert—
| 'In section 38(4)(i), the words "section 37(4A) or 65 of the 1991 Act or". |
Hilary Benn
819
Schedule 26, page 283, line 3, at end insert—
| 'Access to Justice Act 1999 (c.22) | Section 58(5).' |
Hilary Benn
818
Schedule 26, page 283, line 3, column 2, at end insert—
| In Schedule 7, paragraph 50. |
| In Schedule 8, paragraphs 11, 13(2), 79 to 84, 86 to 91, 94, 97 and 132.' |
Hilary Benn
820
Schedule 26, page 283, line 4, column 2, at beginning insert—
Hilary Benn
593
Schedule 26, page 283, line 22, column 2, at end insert—
Hilary Benn
821
Schedule 26, page 283, line 34, column 2, at end insert—
| 'In section 115, the word "109,". |
Hilary Benn
822
Schedule 26, page 283, line 36, column 2, at end insert—
Hilary Benn
823
Schedule 26, page 283, line 37, column 2, at end insert—
| 'In section 159, the words ", 121(1) or 123(1)" and "paragraph 6(6) of Schedule 4 to this Act,".' |
Hilary Benn
824
Schedule 26, page 283, line 38, column 2, at end insert—
Hilary Benn
825
Schedule 26, page 283, line 38, column 2, at end insert—
Hilary Benn
826
Schedule 26, page 284, line 10, column 2, leave out from '"curfew order"' to 'the' in line 11 and insert 'the words "section 59 above or", "or section 35 of the Crime (Sentences) Act 1997", "section 59 or" and "or the said section 35,"'.
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