S.C.B.
Amendment Paper as at
Thursday 13th February 2003
STANDING COMMITTEE B
New Amendments handed in are marked thus *
CRIMINAL JUSTICE BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [17th December].
Simon Hughes
Mr David Heath
929
*Schedule 20, page 250, line 21, leave out '14 years' and insert '4 years'.
Simon Hughes
Mr David Heath
930
*Schedule 20, page 251, line 2, leave out '14 years' and insert '4 years'.
Simon Hughes
Mr David Heath
931
*Schedule 20, page 251, line 7, leave out '14 years' and insert '4 years'.
Hilary Benn
751
Clause 250, page 137, line 21, at end insert—
| '() | sections 35 and 40 of the Crime (Sentences) Act 1997 (fine defaulters),'. |
Hilary Benn
758
Schedule 21, page 251, line 12, at end insert—
| | | Section 3 of the Piracy Act 1837 (punishment for offence under certain repealed Acts relating to piracy) shall cease to have effect.' |
Hilary Benn
759
Schedule 21, page 251, line 12, at end insert—
| (1) | Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which young persons are concerned) is amended as follows. |
| (2) | In subsection (4A)(d), for "section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "section 202(c) or (d) of the Criminal Justice Act 2003". |
(a) in the definition of "sexual offence", for "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "means an offence listed in Part 2 of Schedule 11 to the Criminal Justice Act 2003", and
(b) in the definition of "violent offence", for "has the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "means an offence listed in Part 1 of Schedule 11 to the Criminal Justice Act 2003".'
Hilary Benn
760
Schedule 21, page 251, line 16, at end insert—
| | | In section 16 of the Children and Young Persons Act 1963 (offences committed by children), in subsection (3), after "sentences)" there is inserted "or Chapter 5 of Part 12 of the Criminal Justice Act 2003 (dangerous offenders)".' |
Hilary Benn
761
Schedule 21, page 251, line 26, leave out from 'interpretation)' to end of line 27 and insert '—
(a) in subsection (1), the definition of "suspended sentence" is omitted, and
(b) subsection (2) is omitted.'
Hilary Benn
762
Schedule 21, page 251, line 32, leave out '(2)(b)' and insert '(2)—
Hilary Benn
763
Schedule 21, page 251, line 36, at end insert 'and
(b) paragraph (c) and the word "or" immediately preceding it are omitted.'
Hilary Benn
764
Schedule 21, page 252, line 6, at end insert—
| | | 'In Schedule 2 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for the words from the beginning to "apply" there is substituted "Section 220 of the Criminal Justice Act 2003 (crediting of periods of remand in custody: terms of imprisonment and detention) shall apply".' |
Hilary Benn
765
Schedule 21, page 252, line 15, at end insert—
| '( ) | After subsection (2A) there is inserted— |
"(2B) A person who is serving a sentence of imprisonment to which an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates shall not during any licence period specified for the purposes of subsection (1)(b)(i) of that section have a firearm or ammunition in his possession.".'
Hilary Benn
766
Schedule 21, page 252, line 17, leave out 'within the meaning of the Criminal Justice Act 2003'.
Hilary Benn
767
Schedule 21, page 252, line 17, at end insert—
| '( ) | After subsection (3) there is inserted— |
"(3ZA) In subsection (3)(b) above, "community order" means—
| (a) | a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or |
| (b) | a probation order made in Scotland."' |
Hilary Benn
768
Schedule 21, page 252, line 17, at end insert—
| '() | In subsection (6), after "(2)" there is inserted ", (2B)".' |
Hilary Benn
769
Schedule 21, page 252, leave out lines 18 to 21 and insert—
| | '(1) | Section 52 (forfeiture and disposal of firearms; cancellation of certificate by convicting court) is amended as follows. |
| (2) | In subsection (1)(c), for "probation order" there is substituted "community order". |
| (3) | After subsection (1) there is inserted— |
"(1A) In subsection (1)(c) "community order" means—
| (a) | a community order within the meaning of Part 12 of the Criminal Justice Act 2003 made in England and Wales, or |
| (b) | a probation order made in Scotland."' |
Hilary Benn
770
Schedule 21, page 252, line 26, after 'of' insert 'Part 12 of'.
Hilary Benn
771
Schedule 21, page 252, line 26, at end insert—
| | | In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), for the definition of "sexual offence" and "violent offence" in subsection (12) there is substituted— |
""sexual offence" means an offence specified in Part 2 of Schedule 11 to the Criminal Justice Act 2003;"violent offence" means murder or an offence specified in Part 1 of Schedule 11 to the Criminal Justice Act 2003;".'
Hilary Benn
772
Schedule 21, page 252, line 29, leave out 'section 87 of the Powers of Criminal Courts (Sentencing) Act 2000' and insert 'section 67 of the Criminal Justice Act 1967'.
Hilary Benn
773
Schedule 21, page 252, line 31, at end insert—
| | | In section 56 of the Thames Barrier and Flood Prevention Act 1972 (orders for carrying out certain defence works), in subsection 3(a)(ii), for "six months" there is substituted "12 months".' |
Hilary Benn
774
Schedule 21, page 252, line 39, leave out 'or'.
Hilary Benn
775
Schedule 21, page 252, line 41, at end insert 'or an extended sentence under section 207 or 208 of that Act'.
Hilary Benn
891
Schedule 21, page 253, line 2, at end insert—
| (1) | Section 8 of the Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians) is amended as follows. |
| (2) | In subsection (1)(a), for "six months" there is substituted "twelve months". |
| (3) | In subsection (2), for "12 months" there is substituted "65 weeks". |
| (4) | At the end there is inserted— |
"(5) The Secretary of State may by order made by statutory instrument—
| (a) | amend subsection (1)(a) by substituting for the reference to 12 months a reference to 18 months, and |
| (b) | amend subsection (2) by substituting for the reference to 65 weeks a reference to 24 months. |
(6) Section 265(4) of the Criminal Justice Act 2003 (power to make supplementary provision etc.) applies in relation to an order under subsection (5) as it applies in relation to an order under section 139 of that Act (power to increase limits on sentencing powers of magistrates' courts).
(7) A statutory instrument containing an order under subsection (5) may only be made if a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament."'.
Hilary Benn
776
Schedule 21, page 253, leave out lines 6 to 8.
Hilary Benn
777
Schedule 21, page 253, line 11, at end insert—
| '( ) | In subsection (2), in the definition of "probation hostel", for the words from "by" onwards there is substituted "by a community order under section 160 of the Criminal Justice Act 2003".' |
Hilary Benn
778
Schedule 21, page 253, line 26, leave out from beginning to '(non' and insert—
| | | 'The Magistrates' Courts Act 1980 is amended as follows. |
Hilary Benn
779
Schedule 21, page 253, line 29, at end insert—
| | | 'In section 33 (maximum penalties on summary conviction in pursuance of section 22), in subsection (1)(a), for "3 months" there is substituted "51 weeks".' |
