Amendments proposed to the Criminal Justice Bill - continued | House of Commons |
back to previous text |
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 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 NC3 To move the following Clause:'The requirement of this section is met if
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.'.
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.'.
Custodial sentences for burglars
Mr David Cameron NC11 To move the following Clause:'(1) Anyone convicted of the offence of burglary should be sentenced to a minimum of two years in prison, save for the exceptions given in subsection (2) below. (2) The court may disregard the mandatory custodial sentence for burglars in subsection (1) above if, and only if
(3) "Exceptional circumstances" includes
Limits on the reduction of custodial sentences by the Court of Appeal
Mr David Cameron NC12 To move the following Clause:'Where
the maximum reduction that may be made by the Court of Appeal is 10 per cent. of the original sentence.'.
Duty of Probation Officers to consult with magistrates (No. 2)
Mr Graham Allen NC14 To move the following Clause:'It shall be the duty of the chief officer of each probation area to establish consultation arrangements with local magistrates' courts committees and local communities, to assist the probation service in the performance of its duties of reducing offending and supervising offenders in the community.'.
Reports to households on the operation of the criminal justice system
Mr Graham Allen NC15 To move the following Clause:'The Secretary of State may by order require police forces, the prison service, the probation service, judges and lay justices to make joint arrangements for the dissemination to each household in any local area of such information and statistics about the criminal justice system as he may direct.'.
Office of Criminal Justice
Mr Graham Allen NC16 To move the following Clause:'The Secretary of State and the Lord Chancellor shall appoint and pay out of money provided by Parliament an Office of Criminal Justice with the duty of inspecting the performance of the criminal justice system and making proposals for its improvement.'.
Duty of prison to rehabilitate
Mr Graham Allen NC17 To move the following Clause:'It shall be the duty of the prison service to encourage the reform and rehabilitation of offenders, in particular through education and the development of social, emotional and behavioural skills, and to identify and account for the resources it specifically provides for this purpose.'.
Personal plans for prisoners
Mr Graham Allen NC18 To move the following Clause:'It shall be the duty of the prison service to prepare a personal plan for each offender serving a sentence of over 12 months, setting objectives for his rehabilitation and reform. It shall be the duty of any person making or considering recommendations for the early release of any prisoner to take into account his achievement of the personal plan prepared in pursuance of this section.'.
Adjustment of fines in line with inflation
Mr Graham Allen NC22 To move the following Clause:'All fines operative under current statutes shall be automatically adjusted in line with inflation each year, and be rounded down to the appropriate £10 unit, with the date of coming into force of this section as the base line for calculation.'.
Welfare of detained children
Mr Graham Allen NC23 To move the following Clause:'(1) It shall be the duty of
to safeguard and promote the welfare of such young persons. (2) Where a young person under the age of 18 years is detained, whether pursuant to a conviction or otherwise, the local authority in whose area the young person is detained shall take such steps as are reasonably practicable to enable them to determine whether the child's welfare is adequately safeguarded and promoted. (3) Where a local authority is of the opinion that there has been a failure to comply with subsection (1) in relation to a child detained within their area they shall notify the Secretary of State. (4) Any person authorised by a local authority may, for the purpose of enabling the authority to discharge its duties under this section, enter at any reasonable time any place within its area in which young people are detained. (5) Any person who intentionally obstructs another in the exercise of any power conferred by this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.
Powers of confiscation
Mr David Cameron NC24 To move the following Clause:'(1) A police constable shall have specific powers to confiscate certain substances, including alcohol, cigarettes, cannabis and other controlled drugs, when in a public place, in order to help maintain public order and decency, as follows. (2) The powers under subsection (1) include:
NEW SCHEDULES
Hilary Benn NS1 To move the following Schedule:
'Transfer of community orders to Scotland or Northern IrelandScotland
(a) in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b) in any case, that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) in whose area he resides, or will be residing when the order comes into force.
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement, and
(g) an electronic monitoring requirement.
(a) the appropriate court for the purposes of paragraph 16 of Schedule 7 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a community order is in force proposes to reside or is residing in Scotland, and
(b) it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied, the power of the court to amend the order under Part 4 of Schedule 7 includes power to amend it by requiring it to be complied with in Scotland and for the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force,
(b) specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Scotland;
(c) specify as the appropriate court for the purposes of subsection (4) of section 228 of the Criminal Procedure (Scotland) Act 1995 (c.46) a court of summary jurisdiction (which, in the case of an offender convicted on indictment, must be the sheriff court) having jurisdiction in the locality specified under paragraph (a); and section 196 (petty sessions area to be specified) does not apply in relation to an order so made or amended.
Northern Ireland
(a) an unpaid work requirement,
(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(f) an alcohol treatment requirement,
(g) an attendance centre requirement, and
(h) an electronic monitoring requirement.
(a) the appropriate court for the purposes of paragraph 16 of Schedule 7 (amendment by reason of change of residence) is satisfied that the offender to whom a community order relates proposes to reside or is residing in Northern Ireland, and
(b) it appears to the court that provision can be made by the Probation Board for Northern Ireland for the offender to comply with the requirement, the power of the court to amend the order under Part 4 of Schedule 7 includes power to amend it by requiring it to be complied with in Northern Ireland.
General provisions
"corresponding order" means the order specified under paragraph 1(6)(b) or 3(5);"home court" means
"the local authority officer concerned", in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) responsible for his supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995 (c.46);"the probation officer concerned", in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));"the relevant time" means the time when the order or the amendment to it comes into force.
(a) the order is to be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time, and
(b) the legislation relating to such orders which has effect in that part of the United Kingdom applies accordingly.
(a) the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time,
(b) the powers of the home court under that legislation, as modified by this Part of this Schedule, and
(c) its own powers under this Part of this Schedule.
(a) section 232(2)(b), 233, 239(5)(b) or 240(1)(c) or (d) of, or paragraph 1 of Schedule 6 to, the Criminal Procedure (Scotland) Act 1995 (c.46);
(b) paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)); and
(c) in the case of a community order imposing an unpaid work requirement, any power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.
(a) it appears to the home court
that the offender has failed to comply with any of the requirements of the order, or
(b) it appears to the home court
that it would be in the interests of justice for a power conferred by paragraph 13 or 14 of Schedule 7 to be exercised, the home court may require the offender to appear before the court which made the order.
(a) may issue a warrant for his arrest, and
(b) may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales, and any enactment relating to the exercise of such powers has effect accordingly, and with any reference to the responsible officer being read as a reference to the local authority officer or probation officer concerned.
(a) where the offender resides in Scotland, it appears to the court that the conditions in paragraph 1(1)(a) and (b) are satisfied in relation to any requirement to be imposed, or
(b) where the offender resides in Northern Ireland, it appears to the court that arrangements can be made by the Probation Board for Northern Ireland for him to comply with any requirement to be imposed.
(a) the home court must send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable, and
(b) a certificate purporting to be signed by the clerk of the home court is admissible as evidence of the failure before the court which made the order.'.
|