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

back to previous text
   

Hilary Benn

780

Schedule     21,     page     253,     line     29,     at end insert—

      'In section 85 (power to remit fine), in subsection (2A), for "section 35(2)(a) or (b) of the Crime (Sentences) Act 1997" there is substituted "section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(2) of the Criminal Justice Act 2003".

   

Hilary Benn

781

Schedule     21,     page     253,     line     29,     at end insert—

      'In section 133 (consecutive terms of imprisonment), in subsection (1), for "Subject to section 84 of the Powers of Criminal Courts (Sentencing) Act 2000," there is substituted "Subject to section (Restriction on consecutive sentences for released prisoners) of the Criminal Justice Act 2003,".'

   

Hilary Benn

782

Schedule     21,     page     254,     line     7,     at end insert—

      'The Criminal Justice Act 1982 is amended as follows.

      In section 32 (early release of prisoners), in subsection (1)(a), after "life" there is inserted ", imprisonment for public protection under section 205 of the Criminal Justice Act 2003 or an extended sentence under section 207 of that Act"'.

   

Hilary Benn

783

Schedule     21,     page     254,     leave out lines 8 to 10 and insert—

    '(1) Part 3 of Schedule 13 (reciprocal arrangements (Northern Ireland) persons residing in England and Wales or Scotland) is amended as follows.

    (2) In paragraph 7—'.

   

Hilary Benn

784

Schedule     21,     page     254,     line     17,     at end insert—

    '(3) For paragraph 9(3) there is substituted—

          "(3)   Subject to the following provisions of this paragraph—

                (a)   a community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a community order made in England and Wales under section 160 of the Criminal Justice Act 2003 and the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly; and

                (b)   a community service order made or amended in the circumstances specified in paragraph 8 above shall be treated as if it were a community service order made in Scotland and the legislation relating to community service orders in Scotland shall apply accordingly."

          (4)   In paragraph 9(4)(a), after "community service orders" there is inserted "or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)".

          (5)   In paragraph 9(5), after "a community service order" there is inserted "or, as the case may be, a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)".

          (6)   In paragraph 9(6)—

                (a)   after "community service orders", where first occurring, there is inserted "or, as the case may be, community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)", and

                (b)   in paragraph (b)(i), for "the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "Part 12 of the Criminal Justice Act 2003".'

   

Hilary Benn

785

Schedule     21,     page     254,     line     24,     at end insert—

            '(aa)   in subsection (1A), after "2000" there is inserted "or under any of sections 205 to 208 of the Criminal Justice Act 2003", and for "that subsection" there is substituted "that section"'.

   

Hilary Benn

786

Schedule     21,     page     255,     line     7,     at end insert—

      'Road Traffic Act 1988 (c. 52)

      'In section 164 of the Road Traffic Act 1988 (power of constables to require production of driving licence and in certain cases statement of date of birth), in subsection (5), for "section 40 of the Crime (Sentences) Act 1997" there is substituted "section (Fine defaulters: driving disqualification) of the Criminal Justice Act 2003".'

   

Hilary Benn

787

Schedule     21,     page     255,     line     8,     leave out from the beginning to '(combination' and insert—

      'The Road Traffic Offenders Act 1988 is amended as follows.

      In section 27 (production of licence), in subsection (3), for "section 40 of the Crime (Sentences) Act 1997" there is substituted "section (Fine defaulters: driving disqualification) of the Criminal Justice Act 2003".

      In section 46'.

   

Hilary Benn

788

Schedule     21,     page     255,     leave out lines 14 and 15 and insert—

      'The Football Spectators Act 1989 is amended as follows.

      In section 7 (disqualification for membership of scheme), subsection (9) is omitted.

      In section 14E (banning orders: general), after subsection (6) there is inserted—

          "(7)   A person serving a sentence of imprisonment to which an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates is to be treated for the purposes of this section as having been detained in legal custody until his final release; and accordingly any reference in this section to release is, in relation to a person serving such a sentence, a reference to his final release."

      In section 18 (information), after subsection (4) there is inserted—

          "(5)   In relation to a person serving a sentence of imprisonment to which an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates, any reference in this section to his detention or to his release shall be construed in accordance with section 14E(7).".'

   

Hilary Benn

789

Schedule     21,     page     255,     leave out lines 18 to 23 and insert—

     '33(1) Section 68 (persons disqualified from being private foster parents) is amended as follows.

    (2) In subsection (2)(d), the words "a probation order has been made in respect of him or he has been" are omitted.

    (3) After subsection (2) there is inserted—

          "(2A)   A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d)."

    34(1) In Schedule 9A (child minding and day care for young children), paragraph 4 is amended as follows.

    (2) In sub-paragraph (2)(g), the words "placed on probation or" are omitted.

    (3) At the end there is inserted—

          "(7)   A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph."'

   

Hilary Benn

790

Schedule     21,     page     255,     leave out lines 25 and 26 and insert—

      'The Criminal Justice Act 1991 is amended as follows.

      Section 65 (supervision of young offenders after release) is omitted.'

   

Hilary Benn

791

Schedule     21,     page     255,     line     26,     at end insert—

    '(1) Schedule 3 (reciprocal enforcement of certain orders) is amended as follows.

    (2) In paragraph 10(3)(d), for the words from "paragraph 3 of Schedule 2" onwards there is substituted "section 181 of the Criminal Justice Act 2003".

    (3) In paragraph 11(2)—

            (a)   in paragraph (a)—

            (i) for "probation order" there is substituted "community order", and

            (ii) after "England and Wales" there is inserted "under section j001 of the Criminal Justice Act 2003", and

            for paragraph (b) there is substituted—

                "(b)   the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly."

    (4) In paragraph 11(3), for paragraphs (a) and (b) there is substituted—

                "(a)   the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);

                (b)   the powers of the home court under Schedule 7 to that Act, as modified by this paragraph; and".

    (5) In paragraph 11(4), for the words from "probation order made by a court" onwards there is substituted "community order made by a court in England and Wales under section 160 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 7 to that Act".

    (6) In paragraph 11(5), for "the Powers of Criminal Courts (Sentencing) Act 2000" there is substituted "Part 12 of the Criminal Justice Act 2003".'.

   

Hilary Benn

792

Schedule     21,     page     256,     line     16,     at end insert—

     '(1) Section 234 (probation orders: persons residing in England and Wales) is amended as follows.

    (2) For subsection (2) there is substituted—

          "(2)   Subsection (1) above applies to any probation order made under section 228 unless the order includes requirements which are more onerous than those which a court in England and Wales could impose on an offender under section 160 of the Criminal Justice Act 2003.".

    (3) In subsection (4)—

            (a)   in paragraph (a)—

            (i) for "paragraph 5(3) of Schedule 2 to the 2000 Act" there is substituted "section 187(2) of the Criminal Justice Act 2003",

            (ii) for "or, as the case may be, community rehabilitation orders" there is substituted "or, as the case may be, community orders under Part 12 of that Act", and

            (iii) for "paragraph 5 of the said Schedule 2" there is substituted "section 187 of the Criminal Justice Act 2003", and

            (b)   in paragraph (b), for "sub-paragraphs (5) to (7) of the said paragraph 5" there is substituted "sections 187(4) and 188(1) and (2) of the Criminal Justice Act 2003".

    (4) In subsection (5), for "Schedule 3" onwards there is substituted "Schedule 7 to the Criminal Justice Act 2003 shall apply as if it were a community order made under section 160 of that Act".

    (5) In subsection (6)—

            (a)   for "Schedule 3 to the 2000 Act" there is substituted "Schedule 7 to the Criminal Justice Act 2003",

            (b)   for "sub-paragraphs (4) and (5) of paragraph 4" there is substituted "sub-paragraphs (6) and (7) of paragraph 9", and

            (c)   for "sub-paragraph (4)" there is substituted "sub-paragraph (6)".

    (6) In subsection (10)—

            (a)   for the words from "paragraph 6" to "community rehabilitation orders" there is substituted "paragraph 8 of Schedule (Transfer of community orders to Scotland or Northern Ireland) (which relates to community orders", and

            (b)   for "an order made under section 41" there is substituted "a community order made under Part 12".'

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2003
Prepared 13 Feb 2003