Vote Bundle Text (930225-06)

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

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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.'.

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—

(a) it is the individual's first conviction for burglary; and

(b) the court judges that the case includes exceptional circumstances, as in subsection (3) below.

(3) "Exceptional circumstances" includes—

(a) that the court judges that the defendant is unlikely to re-offend; and

(b) that the offence for which the defendant is found guilty does not include any violent or threatening behaviour or other aggravating features.'.

Limits on the reduction of custodial sentences by the Court of Appeal

Mr David Cameron

NC12

To move the following Clause:—

'Where—

(a) a custodial sentence of four years or less has been passed in a Crown court or a magistrates court; and

(b) where that sentence is appealed against to the Court of Appeal; and

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—

(a) the governor or controller of any institution in which persons under the age of 18 years are detained, and

(b) any person who is responsible for the detention of any such young persons,

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:

(a) the power to confiscate cannabis from anyone in a public place who is either smoking, selling or openly carrying it;

(b) the power to confiscate cigarettes from anyone who is, or appears to be, under the age of 16 who is either smoking or openly carrying them;

(c) the power to confiscate alcohol from anyone under the age of 18 who is either drinking it, selling it or openly carrying it; and

(d) the power to confiscate alcohol from anyone in a public place who is causing a public nuisance.'.

NEW SCHEDULES

Hilary Benn

NS1

To move the following Schedule:—

'Transfer of community orders to Scotland or Northern Ireland

Scotland

1 (1) Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a community order in respect of the offender unless it appears to the court—

(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.

(2) The requirements referred to in sub-paragraph (1)(a) are—

(a) an unpaid work requirement,

(b) an activity requirement,

(d) a mental health treatment requirement,

(e) a drug rehabilitation requirement,

(f) an alcohol treatment requirement, and

(g) an electronic monitoring requirement.

(3) Where—

(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).

(4) For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.

(5) The court may not by virtue of sub-paragraph (1) or (3) require an attendance centre requirement to be complied with in Scotland.

(6) A community order made or amended in accordance with this paragraph must—

(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.

2 (1) Where a court is considering the making or amendment of a community order by virtue of paragraph 1, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.

(2) Any reference to the responsible officer has effect as a reference to the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) responsible for the offender's 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).

(3) In subsection (7)(b) of section 181 (activity requirement) the reference to the local probation board has effect as a reference to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39).

(4) In section 187 (mental health treatment requirement), for subsection (2)(a) there is substituted—

"(a) treatment as a resident patient in a hospital within the meaning of the Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;".

Northern Ireland

3 (1) Where the court considering the making of a community order is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not include in the order such a requirement as is mentioned in sub-paragraph (2) unless it appears to the court that arrangements can be made by the Probation Board for Northern Ireland for him to comply with the requirement.

(2) The requirements referred to in sub-paragraph (1) are—

(a) an unpaid work requirement,

(b) an activity 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.

(3) Where—

(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.

(4) A community order made or amended in accordance with this paragraph must specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and section 196 (petty sessions area to be specified) does not apply in relation to an order so made or amended.

(5) A community order made or amended in accordance with this paragraph must also specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland.

4 (1) Where a court is considering the making or amendment of a community order by virtue of paragraph 3, Chapter 4 of Part 12 of this Act has subject to the following modifications.

(2) Any reference to the responsible officer has effect as a reference to the probation officer responsible for the offender's supervision or, as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

(3) In subsection (7)(b) of section 181 (activity requirement) the reference to the local probation board for the area in which the premises are situated has effect as a reference to the Probation Board for Northern Ireland.

(4) In section 187 (mental health treatment requirement), for subsection (2)(a) there is substituted—

"(a) treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996;".

General provisions

5 In this Part of this Schedule—

"corresponding order" means the order specified under paragraph 1(6)(b) or 3(5);"home court" means—

(a) if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside, and

(b) if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

"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.

6 Where a community order is made or amended in accordance with paragraph 1 or 3, the court which makes or amends the order must provide the home court with a copy of the order as made or amended, together with such other documents and information relating to the case as it considers likely to be of assistance to that court; and paragraphs (b) to (d) of subsection (1) of section 199 (provision of copies of relevant orders) do not apply.

7 In section 200 (duty of offender to keep in touch with responsible officer) the reference to the responsible officer is to be read in accordance with paragraph 2(2) or 4(2).

8 Where a community order is made or amended in accordance with paragraph 1 or 3, then, subject to the following provisions of this Part of this Schedule—

(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.

9 Before making or amending a community order in those circumstances the court must explain to the offender in ordinary language—

(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

10 The home court may exercise in relation to the community order any power which it could exercise in relation to the corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following—

(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.

11 If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of paragraph 7 to a community order made in England and Wales—

(a) it appears to the home court—

(i) if that court is in Scotland, on information from the local authority officer concerned, or

(ii) if that court is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the order, or

(b) it appears to the home court—

(i) if that court is in Scotland, on the application of the offender or of the local authority officer concerned, or

(ii) if it is in Northern Ireland, on the application of the offender or of the probation officer concerned,

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.

12 Where an offender is required by virtue of paragraph 11 to appear before the court which made the community order, that court—

(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.

13 Paragraph 12(b) does not enable the court to amend the community order unless—

(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.

14 The preceding paragraphs of this Schedule have effect in relation to the amendment of a community order by virtue of paragraph 12(b) as they have effect in relation to the amendment of such an order by virtue of paragraph 1(3) or 3(3).

15 Where an offender is required by virtue of paragraph (a) of paragraph 11 to appear before the court which made the community order—

(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.'.