 House of Commons |
Publications on the internet Index of Amendments |
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S.C.B.
Amendment Paper as at
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| (i) | whose interests were affected or threatened by the relevant offender, or |
| (ii) | who believed on reasonable grounds that their interests were affected or threatened by the relevant offender; |
| (iii) | who was, at the time of the offence, a servant or agent of any person falling within paragraphs (i) or (ii) and who either knew or reasonably believed that the person's interests were so affected or threatened by the relevant offender. |
(4) For the purpose of subsection (3) "interests" includes—
| (i) | any proprietary interest; |
| (ii) | a personal interest in avoiding physical injury. |
(5) For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender.'.
Joint and several liability for death or serious injury of a child
Dr Desmond Turner
Vera Baird
Ian Lucas
NC27
To move the following Clause:—'.—(1) In the circumstance where a child suffers death or serious injury while two people have responsibility for it, and it is not possible to establish which party was responsible for the death or injury, the following shall apply and both parties shall be jointly liable to prosecution.
(2) After section 1 of the Children and Young Persons Act 1933 (c.12), there shall be inserted the following:
"Section 1A—Ill-treatment etc. of children
If any person who has attained the age of sixteen years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons or exposes him or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), and as a consequence of such conduct the child or young person dies or suffers serious injury, that person shall be guilty of an offence, and shall be liable on conviction on indictment, to imprisonment for any term not exceeding fourteen years."(3) Where in any proceedings against a person who has attained the age of sixteen years and who has responsibility for any child or young person under that age, for an offence of murder, manslaughter, assault or an offence contrary to sections 1 or 1A of the Children and Young Persons Act 1933, upon such child or young person evidence is given that the accused at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, subsection (4) below applies.
(4) Where this subsection applies—
| (a) | the court, in determining whether there is a case to answer; and |
| (b) | the court or jury, in determining whether the accused is guilty of the offence charged, |
may draw such inferences from the failure as appear proper.
(5) Where in any proceedings against a person who has attained the age of sixteen years and who has responsibility for any child or young person under that age, for an offence of murder, manslaughter, assault or an offence contrary to sections 1 or 1A of the Children and Young Persons Act 1933, upon such child or young person evidence is given that the accused at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, made a statement which incriminated any co-accused as to that offence, that statement shall be evidence against the co-accused in any trial or other proceedings in connection with that or a related offence.'.
Preparation of prosecution cases
Simon Hughes
Mr David Heath
NC28
To move the following Clause:—'No criminal case shall be listed for trial unless the presiding judge or magistrate is satisfied that the case file was complete and available to the prosecution at least 48 hours in advance.'.
Victim's compensation arrangements
Simon Hughes
Mr David Heath
NC29
To move the following Clause:—'(1) Any sum awarded to a victim of crime by means of a Compensation Order shall be paid to the victim within 14 days of the award.
(2) Magistrates' Courts Committees shall put in place arrangements for Compensation Order payments to be made in full where the offender fails to make any required payment within 14 days of the payment date decided by the Court.'.
Public accountability of criminal justice agencies
Simon Hughes
Mr David Heath
NC30
To move the following Clause:—'It shall be the duty of the Chief Constable, the Chief Probation Officer, the local representative of the Director-General of the Prison Service and the local Courts Service manager to make an annual report to the local authority and to account for the performance of their organisation before a full public meeting of the council.'.
Welfare of detained children (No. 2)
Mr Graham Allen
NC31
*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 pursuant to a conviction, 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 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.'.
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,
(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.
| (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,
(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.
| (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
(c) its own powers under this Part of this Schedule.
| 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.'.
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