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

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Hilary Benn

NS2

To move the following Schedule:—

'Default orders: modification of provisions relating to community orders

General

 Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.

Unpaid work requirement

(1) In its application to a default order, section 179 (unpaid work requirement) is modified as follows.

(2) In subsection (2), for paragraphs (a) and (b) there is substituted—

"(a) not less than 20 hours, and

(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column

.
Amount
Number of Hours
An amount not exceeding £20040 hours
An amount exceeding £200 but not exceeding £50060 hours
An amount exceeding £500100 hours"

(3) Subsection (5) is omitted.

Curfew requirement

(1) In its application to a default order, section 184 (curfew requirement) is modified as follows.

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

    "(2A)   In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

Amount
Number of days
An amount not exceeding £20020 days
An amount exceeding £200 but not exceeding £50030 days
An amount exceeding £500 but not exceeding £1,00060 days
An amount exceeding £1,000 but not exceeding £2,50090 days
An amount exceeding £2,500180 days"

Enforcement, revocation and amendment of default order

(1) In its application to a default order, Schedule 7 (breach, revocation or amendment of community orders) is modified as follows.

(2) Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.

(3) Any power of the court to deal with the offender in any way in which it could deal with him if he had just been convicted of the offence is to be taken to be a power to deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.

(4) In paragraph 4 the reference to the Crown Court is to be taken as a reference to a magistrates' court.

(5) The following provisions are omitted—

(a)   paragraph 9(1)(c), (5) and (8),

(b)   paragraph 12,

(c)   paragraph 13(5),

(d)   paragraph 15,

(e)   paragraph 17(5),

(f)   paragraph 21(4), and

(g)   paragraph 23(2)(b).

Power to alter numbers of hours or days

 The Secretary of State may by order amend paragraph 2 or 3 by substituting for any number of hours or days there specified such other number as may be specified in the order.'

Transfer of default orders to Scotland or Northern Ireland

 In its application to a default order, Schedule (Transfer of community orders to Scotland or Northern Ireland) (transfer of community orders to Scotland or Northern Ireland) is modified as follows.

 After paragraph 8 there is inserted—

 "8A Nothing in paragraph 8 affects the application of section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(7) to a default order made or amended in accordance with paragraph 1 or 3."

 In paragraph 10, for paragraphs (a) and (b) there is substituted—

 "(a) section 232(2)(b), 233, 239(5)(a) or (b), 240(1)(c) or (d), or 240 of, or paragraph 1 of Schedule 6 to, the Criminal Procedure (Scotland) Act 1995;

(b) paragraph 3(1)(a) or (d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996; and".'


   

Hilary Benn

NS3

To move the following Schedule:—

'Enabling powers: alteration of maximum penalties etc.

Plant Health Act 1967

(1) Section 3 of the Plant Health Act 1967 (c.8) (control of spread of pests in Great Britain) is amended as follows.

(2) In subsection (4A), for "three months" there is substituted "the prescribed term".

(3) After that subsection there is inserted—

    "(4B)   In subsection (4A) above, "the prescribed term" means—

(a) in relation to England and Wales, 51 weeks,

(b) in relation to Scotland, three months."

Agriculture Act 1967

(1) Section 9 of the Agriculture Act 1967 (c.22) (powers to meet future developments in livestock and livestock products industries) is amended as follows.

(2) In subsection (10), for "three months" there is substituted "the prescribed term".

(3) After that subsection there is inserted—

    "(10A)   In subsection (10), "the prescribed term" means—

(a) in relation to England and Wales, 51 weeks,

(b) in relation to Scotland, three months."

European Communities Act 1972

(1) Paragraph 1 of Schedule 2 to the European Communities Act 1972 (c.68) (provisions as to powers conferred by section 2(2)) is amended as follows.

(2) In sub-paragraph (1)(d), for "three months" there is substituted "the prescribed term".

(3) After sub-paragraph (2) there is inserted—

 "(3) In sub-paragraph (1)(d), "the prescribed term" means—

(a)   in relation to England and Wales, where the offence is a summary offence, 51 weeks,

(b)   in relation to England and Wales, where the offence is triable either way—

(i) for offences committed before the commencement of an order under section 139(a) of the Criminal Justice Act 2003 (power to increase general limit on magistrates' power to impose imprisonment), 12 months, and

(ii) for offences committed after that commencement, 18 months or, if less, the maximum term of imprisonment to which the offender would be liable on conviction on indictment of the offence,

(c)   in relation to Scotland and Northern Ireland, three months."

Slaughterhouses Act 1974

 In section 38(5) of the Slaughterhouses Act 1974 (c.3) (maximum penalties to be prescribed by regulations), the words "or imprisonment for a term of three months or both" are omitted.

Anatomy Act 1984

(1) Section 11 of the Anatomy Act 1984 (c.14) (offences) is amended as follows.

(2) In subsection (7), for "3 months" there is substituted "the prescribed term".

(3) After that subsection there is inserted—

    "(7A)   In subsection (7), "the prescribed term" means—

(a) in relation to England and Wales, 51 weeks,

(b) in relation to Scotland, 3 months."

Environmental Protection Act 1990

(1) Section 141 of the Environmental Protection Act 1990 (c.43) (power to prohibit or restrict the importation or exportation of waste) is amended as follows.

(2) In paragraph (g) of subsection (5), for "six months" there is substituted "the prescribed term".

(3) After that subsection there is inserted—

    "(5A)   In subsection (5)(g), "the prescribed term" means—

(a) in relation to England and Wales, where the offence is a summary offence, 51 weeks,

(b) in relation to England and Wales, where the offence is triable either way—

(i) for offences committed before the commencement of an order under section 139(a) of the Criminal Justice Act 2003 (power to increase general limit on magistrates' power to impose imprisonment), 12 months, and

(ii) for offences committed after that commencement, 18 months or, if less, the maximum term of imprisonment to which the offender would be liable on conviction on indictment of the offence,

(c) in relation to Scotland and Northern Ireland, six months."

Regulatory Reform Act 2001

(1) Section 3 of the Regulatory Reform Act 2001 (c.6) (limitations on order-making power) is amended as follows.

(2) In paragraph (b) of subsection (3), for "six months" there is substituted "the prescribed term".

(3) After that subsection there is inserted—

    "(3A)   In subsection (3)(b), "the prescribed term" means—

(a) in relation to England and Wales, where the offence is a summary offence, 51 weeks,

(b) in relation to England and Wales, where the offence is triable either way—

(i) for offences committed before the commencement of an order under section 139(a) of the Criminal Justice Act 2003 (power to increase general limit on magistrates' power to impose imprisonment), 12 months, and

(ii) for offences committed after that commencement, 18 months or, if less, the maximum term of imprisonment to which the offender would be liable on conviction on indictment of the offence,

(c) in relation to Scotland and Northern Ireland, six months".'.


EXTRACT FROM ORDER OF THE HOUSE [4th DECEMBER AND 6th FEBRUARY]

That the following provisions shall apply to the Criminal Justice Bill—

Committal

    (1)   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    (2)   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 4th March 2003.

    (3)   The Standing Committee shall have leave to sit twice on the first day on which it meets.


ORDER OF THE COMMITTEE [17th DECEMBER, AS AMENDED ON 9th AND 23rd JANUARY AND 4th FEBRUARY]

That—

    (1)   during proceedings on the Criminal Justice Bill the Standing Committee, in addition to its first sitting on Tuesday 17th December at half-past Ten o'clock, do meet on that day at half-past Four o'clock, on Thursday 19th December at ten minutes past Nine o'clock, on Tuesday 7th January at half-past Four o'clock and thereafter on Tuesdays and Thursdays at ten minutes past Nine o'clock and half-past Two o'clock, except that the Committee shall not meet on Tuesday 18th February or Thursday 20th February;

    (2)   the proceedings shall be taken in the following order, namely Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2, Clauses 24 to 34, Clauses 36 to 48, Clause 62, Schedule 4, Clauses 63 to 97, Schedule 5, Clauses 98 to 119, Schedule 6, Clauses 120 to 162, Schedule 7, Clauses 163 to 169, Schedule 8, Clauses 170 to 174, Schedule 9, Clauses 175 to 199, Schedule 10, Clauses 200 to 204, Schedule 11, Clauses 205 to 209, Schedules 12 and 13, Clause 210, Schedule 14, Clauses 211 to 219, Schedule 15, Clauses 220 to 242, Schedule 16, Clause 243, Schedule 17, Clause 244, Schedules 18 and 19, Clauses 245 to 248, Schedule 20, Clauses 249 to 251, Schedule 21, Clauses 252 to 258, Schedule 22, Clauses 259 to 261, Schedule 23, Clauses 262 to 264, Clause 35, Schedule 3, Clauses 49 to 61, Clauses 265 and 266, Schedule 25, Clause 267, Schedule 26, Clause 268, Schedule 24, Clauses 269 to 273, new Clauses, new Schedules;

    (3)   the proceedings on Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2 and Clauses 24 to 26 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 9th January 2003;

    (3A)   the proceedings on Clauses 27 to 34 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Thursday 9th January 2003;

    (4)   the proceedings on Clauses 36 to 48 (so far as not previously concluded) shall be brought to a conclusion at 6.50 p.m. on Tuesday 14th January 2003;

    (5)   the proceedings on Clause 62, Schedule 4, Clauses 63 to 97 and Schedule 5 (so far as not previously concluded) shall be brought to a conclusion at 5.50 p.m. on Thursday 23rd January 2003;

    (5A)   the proceedings on Clauses 98 to 119, Schedule 6 and Clauses 120 to 125 (so far as not previously concluded) shall be brought to a conclusion at 6.50 p.m. on Tuesday 28th January 2003;

    (6)   the proceedings on Clauses 126 to 162, Schedule 7, Clauses 163 to 169, Schedule 8, Clauses 170 to 174, Schedule 9, Clauses 175 to 199, Schedule 10 and Clauses 200 to 203 (so far as not previously concluded) shall be brought to a conclusion at 5.15 p.m. on Thursday 6th February 2003;

    (7A)   the proceedings on Clause 204, Schedule 11, Clauses 205 to 209, Schedules 12 and 13, Clause 210, Schedule 14, Clauses 211 to 216 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Tuesday 11th February 2003;

    (7B)   the proceedings on Clauses 217 to 219, Schedule 15, Clauses 220 to 242, Schedule 16, Clause 243, Schedule 17, Clause 244, Schedules 18 and 19, Clauses 245 to 248, Schedule 20, Clauses 249 to 251, Schedule 21, Clauses 252 to 257 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 13th February 2003;

    (7C)   the proceedings on Clause 258, Schedule 22, Clauses 259 to 261, Schedule 23 and Clauses 262 to 264, Clause 35 and Schedule 3 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Tuesday 25th February 2003;

    (7D)   the proceedings on Clauses 49 to 61, Clauses 265 and 266, Schedule 25, Clause 267, Schedule 26, Clause 268, Schedule 24 and Clauses 269 to 273 (so far as not previously concluded) shall be brought to a conclusion at 11.25 a.m. on Thursday 27th February 2003;

    (8)   the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 5.15 p.m. on Thursday 27th February 2003.


 
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Prepared 13 Feb 2003