|Amendments proposed to the Criminal Justice Bill - continued||House of Commons|
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847Clause 272, page 149, line 39, after 'provision)' insert 'and paragraphs 1, 2 and 5 of Schedule (enabling powers:alteration of maximum penalties etc.)'.
970Clause 272, page 149, line 39, after 'provision)', insert 'paragraph 2 of Schedule 16 (and section 242 so far as relating to that paragraph)'.
971Clause 272, page 149, line 39, leave out 'extend also to Scotland'.
964Clause 272, page 149, line 41, after 'Part 5;', insert 'Part 7;'.
972Clause 272, page 149, leave out line 42.
973Clause 272, page 150, line 12, leave out 'Part 3' and insert 'Parts 3 and 6'.
974Clause 272, page 150, line 12, leave out 'that Part' and insert 'those Parts'.
NEW CLAUSESEarly release of fine defaulters and contemnors
NC8To move the following Clause:
'(1) This section applies in relation to a person committed to prison
(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
NC9To 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
NC13To 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
NC19To move the following Clause:
'(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court
(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
(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
(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
NC20To move the following Clause:
'(1) Subsection (2) applies in any case where a magistrates' court
(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
(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
NC21To 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
NC25To move the following Clause:
'(1) In its application to Northern Ireland this Part is to have effect
(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
(2) An application to which this section applies must be determined
(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
(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
(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
(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