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

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Hilary Benn

847

Clause     272,     page     149,     line     39,     after 'provision)' insert 'and paragraphs 1, 2 and 5 of Schedule (enabling powers:alteration of maximum penalties etc.)'.

   

Hilary Benn

970

Clause     272,     page     149,     line     39,     after 'provision)', insert— 'paragraph 2 of Schedule 16 (and section 242 so far as relating to that paragraph)'.

   

Hilary Benn

971

Clause     272,     page     149,     line     39,     leave out 'extend also to Scotland'.

   

Hilary Benn

964

Clause     272,     page     149,     line     41,     after 'Part 5;', insert 'Part 7;'.

   

Hilary Benn

972

Clause     272,     page     149,     leave out line 42.

   

Hilary Benn

973

Clause     272,     page     150,     line     12,     leave out 'Part 3' and insert 'Parts 3 and 6'.

   

Hilary Benn

974

Clause     272,     page     150,     line     12,     leave out 'that Part' and insert 'those Parts'.


NEW CLAUSES

Early release of fine defaulters and contemnors

   

Hilary Benn

NC8

To move the following Clause:—

    '(1)   This section applies in relation to a person committed to prison—

(a) in default of payment of a sum adjudged to be paid by a conviction, or

(b) for contempt of court or any kindred offence.

    (2)   As soon as a person to whom this section applies has served one-half of the term for which he was committed, it is the duty of the Secretary of State to release him unconditionally.

    (3)   Where a person to whom this section applies is also serving one or more sentences of imprisonment, nothing in this section requires the Secretary of State to release him until he is also required to release him in respect of that sentence or each of those sentences.

    (4)   The Secretary of State may at any time release unconditionally a person to whom this section applies if he is satisfied that exceptional circumstances exist which justify the person's release on compassionate grounds.'.


Restriction on consecutive sentences for released prisoners

   

Hilary Benn

NC9

To move the following Clause:—

    '(1)   A court sentencing a person to a term of imprisonment may not order or direct that the term is to commence on the expiry of any other sentence of imprisonment from which he has been released early under this Chapter.

    (2)   In this section "sentence of imprisonment" includes a sentence of detention under section 91 of the Sentencing Act or section 208 of this Act, and "term of imprisonment" is to be read accordingly.'.


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.'.


Application of Part 7 to Northern Ireland

   

Hilary Benn

NC25

To move the following Clause:—

    '(1)   In its application to Northern Ireland this Part is to have effect—

(a) subject to subsection (2), and

(b) subject to the modifications in subsections (3) to (10).

    (2)   This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c.11) (trial without jury for certain offences) applies.

    (3)   For section 39 substitute—

    "39 Procedure for applications under sections 36 to 38    (1)   This section applies—

(a) to an application under section 36 which appears to the judge to raise questions as to whether subsection (6), (7) or (8) of that section applies,

(b) to an application under section 37, and

(c) to an application under section 38.

    (2)   An application to which this section applies must be determined—

(a) at a preparatory hearing (within the meaning of the 1988 Order), or

(b) at a hearing specified in, or for which provision is made by, Crown Court rules.

    (3)   The parties to a hearing mentioned in subsection (2) at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.

    (4)   In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-paragraphs (a) to (c) there is substituted—

"(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;

(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;

(c) determining an application to which section 39 of the Criminal Justice Act 2003 applies; or".

    (5)   In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after "(3)," there is inserted "from the refusal by a judge of an application to which section 39 of the Criminal Justice Act 2003 applies or from an order of a judge under section 36, 37 or 38 of that Act which is made on the determination of such an application,".

    (6)   In this section "the 1988 Order" means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988."

    (4)   For section 41(1) substitute—

    "(1)   An appeal shall lie to the Court of Appeal—

(a) from the refusal by a judge at a hearing mentioned in section 39(2)(b) of an application to which section 39 applies or from an order of a judge at such a hearing under section 36, 37 or 38 which is made on the determination of such an application,

(b) from an order under section 40(3) or (5)."

    (5)   In section 41(3) after "order" insert "or a refusal of an application".

    (6)   In section 41(4) for "confirm or revoke the order" substitute—

"(a) where the appeal is from an order, confirm or revoke the order, or

(b) where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application".

    (7)   Omit section 41(5).

    (8)   For section 41(6) substitute—

    "(6)   In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c.47) (right of appeal to House of Lords) after "1988" there is inserted "or section 41 of the Criminal Justice Act 2003"."

    (9)   For section 41(7) substitute—

    "(7)   In section 35 of that Act (bail) after "hearings)" there is inserted "or section 41 of the Criminal Justice Act 2003"."

    (10)   For section 42(5)(b) substitute—

"(b) the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c.47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).".'.



 
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