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

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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.'.


Power to impose unpaid work requirement or curfew requirement on fine defaulter

   

Hilary Benn

NC19

To move the following Clause:—

    '(1)   Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

      (a) has power under Part 3 of the Magistrates' Courts Act 1980 (c.43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c.29)), or

      (b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

    (2)   The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (c.43) (enforcement of fines imposed on young offender), order the person in default to comply with—

      (a) an unpaid work requirement (as defined by section 179, or

      (b) a curfew requirement (as defined by section 184.

    (3)   In this Part "default order" means an order under subsection (2).

    (4)   Subsections (3) and (4) of section 160 (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

    (5)   Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

    (6)   Schedule 7 (breach, revocation or amendment of community order), Schedule (Transfer of community orders to Scotland or Northern Ireland) (transfer of community orders to Scotland or Northern Ireland) and Chapter 4 (further provisions about orders under Chapters 2 and 3) have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule (Default orders: modification of provisions relating to community orders).

    (7)   Where a default order has been made for default in paying any sum—

      (a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

      (b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

    (8)   In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.'.


Fine defaulters: driving disqualification

   

Hilary Benn

NC20

To move the following Clause:—

    '(1)   Subsection (2) applies in any case where a magistrates' court—

      (a) has power under Part 3 of the Magistrates' Courts Act 1980 (c.43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c.29)), or

      (b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

    (2)   The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (c.43) (enforcement of fines imposed on young offenders), order the person in default to be disqualified, for such period not exceeding twelve months as it thinks fit, for holding or obtaining a driving licence.

    (3)   Where an order has been made under subsection (2) for default in paying any sum—

      (a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

      (b) on payment of part of the sum to any such person, the total number of weeks or months to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

    (4)   In calculating any reduction required by subsection (3)(b) any fraction of a week or month is to be disregarded.

    (5)   The Secretary of State may by order amend subsection (2) by substituting, for the period there specified, such other period as may be specified in the order.

    (6)   A court which makes an order under this section disqualifying a person for holding or obtaining a driving licence shall require him to produce any such licence held by him together with its counterpart.

    (7)   In this section—

"driving licence" means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 (c.52);"counterpart", in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act.'


Execution of process between England and Wales and Scotland

   

Hilary Benn

NC21

To move the following Clause:—

    'Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) applies to any process issued under—

paragraph 7(2) of Schedule 7,paragraph 5(1) or 11(1) of Schedule 9, orparagraph 12 of Schedule (Transfer of community orders to Scotland or Northern Ireland),

    as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court.'.


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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Prepared 13 Feb 2003