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

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Mr Secretary Blunkett

109

Page     307,     line     30     [Schedule     28],     column 2, at end insert—

'In section 63(3)(a), the words "is in police detention or".'.


REMAINING NEW CLAUSES

Public understanding of the Criminal Justice System

   

Mr Graham Allen

NC3

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 to issue to each household in their jurisdiction or local area an explanation, in ordinary language, of their functions.'.


Duty of prison to rehabilitate and prepare personal plans for offenders

   

Mr Graham Allen

NC4

To move the following Clause:—

       'It shall be the duty of the prison service—

      (a) 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, and

      (b) to prepare a personal plan for each offender serving a sentence of over 12 months setting objectives for his rehabilitation and reform, and

      (c) when making or considering recommendations for the early release of any prisoner, to take into account his achievement of the personal plan in pursuance of this section.'.


Complaints about criminal justice

   

Mr Graham Allen

NC5

To move the following Clause:—

       'The Secretary of State may by order require the probation service, judges and lay justices to make joint arrangements for the consideration of complaints about the operation of the criminal justice system in any local area.'.


Limit on length of service for magistrates

   

Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell

NC8

To move the following Clause:—

    '(1)   Lay magistrates shall be appointed for a term of 5 years, and may re-apply thereafter.

    (2)   No magistrate shall continue to serve beyond the age of 70.'.


Corporate killing

   

Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Morris
Dr Vincent Cable
David Winnick

Mr Dai HavardAndrew MackinlayJon Cruddas
Dr Vincent CableMr David KidneyMr Tony Lloyd
Mr Gordon PrenticeRob MarisMr Michael Clapham
Mr David DrewDr Rudi VizMr Kelvin Hopkins
Mr Doug HendersonMr Brian JenkinsJim Dobbin
Paul FlynnMr Bill OlnerMr Ian Davidson
Mr Graham AllenMr Stephen HepburnMr Keith Vaz
Mr Anthony WrightJean CorstonMr Kevin McNamara
Mr David CrausbyJohn AustinAnn Clwyd
Glenda JacksonJohn McDonnellMike Gapes
Ms Diane AbbottAndy KingJohn Cryer
Jeremy CorbynMr Frank DoranMs Karen Buck
Dr Alan WhiteheadDerek WyattRoss Cranston
Linda PerhamMrs Jackie LawrenceDiana Organ
Ms Debra ShipleyDr Desmond TurnerJim Dowd
Bridget PrenticeMr Gwyn ProsserMr Stephen Pound
Mr Roger BerryMrs Anne CampbellAlan Simpson
Tom CoxBrian WhiteMr Harry Barnes
Phil SawfordDr Doug NaysmithRichard Burden
Judy MallaberMr Ian ColmanMr Michael Connarty
Mrs Ann CryerMr Stephen McCabeVera Baird
Mr Frank DobsonClive EffordIan Lucas
Mr Michael Jabez FosterMr Martin SalterJames Purnell

NC11

To move the following Clause:—

    '.—(1)   A corporation is guilty of corporate killing if—

      (a) a management failure by the corporation is the cause or one of the causes of a person's death; and

      (b) that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances.

    (2)   For the purposes of subsection (1) above—

      (a) there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and

      (b) such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual.

    (3)   A corporation guilty of an offence under this section is liable on conviction on indictment to a fine.

    (4)   No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.'.


Corporate killing by an officer

   

Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Morris
Dr Vincent Cable
David Winnick

Dr Vincent CableMr Michael ClaphamMr Tony Lloyd
Mr Gordon PrenticeRob MarisMr David Kidney
Mr Frank DobsonMr Michael Jabez FosterJames Purnell
Mr Kelvin HopkinsMr Doug HendersonMr Brian Jenkins
Jim DobbinMr Dai HavardMr David Drew
Dr Rudi VizPaul FlynnMr Stephen Hepburn
Mr Michael ConnartyMrs Ann CryerMr Kevin McNamara
Mr David CrausbyJohn AustinAnn Clwyd
Glenda JacksonJohn McDonnellMike Gapes
Ms Diane AbbottJohn CryerAndy King
Jeremy CorbynMr Frank DoranMs Karen Buck
Dr Alan WhiteheadDerek WyattRoss Cranston
Linda PerhamMrs Jackie LawrenceDiana Organ
Ms Debra ShipleyDr Desmond TurnerJim Dowd
Bridget PrenticeMr Gwyn ProsserMr Stephen Pound
Mr Roger BerryMrs Anne CampbellAlan Simpson
Tom CoxBrian WhiteMr Harry Barnes
Phil SawfordRichard BurdenMr Anthony Wright
Mr Stephen McCabeVera BairdMr Ian Davidson
Jean CorstonJudy MallaberClive Efford
Mr Iain ColmanIan LucasMr Martin Salter
Andrew MackinlayBill OlnerMr Graham Allen

NC12

To move the following Clause:—

    '.—(1)   An officer of a corporation is guilty of corporate killing if—

      (a) a management failure by the corporation is the cause or one of the causes of a person's death; and

      (b) that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances.

    (2)   For the purposes of subsection (1) above—

      (a) there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and

      (b) such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual.

    (3)   An officer guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment or both.

    (4)   No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.

    (5)   This section does not preclude an officer being guilty of murder or manslaughter.'.


Excluding the civil liability of the victims of crime

   

Mr Dominic Grieve
Mr Mark Francois

NC13

To move the following Clause:—

    '(1)   A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.

    (2)   Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.

    (3)   For the purpose of subsection (1) "victim" is defined as any person natural or corporated—

      (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, or

      (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 purposes 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.'.


Principles of the youth justice system

   

Mr Hilton Dawson
Mr Peter Bottomley

NC16

To move the following Clause:—

    '(1)   Section 37 of the Crime and Disorder Act 1998 (aim of the youth justice system) is amended as follows.

    (2)   After subsection (1) there is inserted—

          "(1A)   The youth justice system shall also have regard to the following principles—

          (a) the welfare of the child shall be the paramount consideration;

          (b) deprivation of liberty should only be used as a measure of last resort for the shortest appropriate period of time; and

          (c) any decisions should be made in the best interests of the child."

    (3)   At the end of subsection (2) there is inserted "and to those principles.".'.


Anonymity of defendants in sexual offence cases

   

Mrs Claire Curtis-Thomas

NC17

To move the following Clause:—

       'Where the identity of an alleged victim of any sexual offence is subject to reporting restrictions, the same restrictions shall apply to the alleged offender unless and until he is convicted of that offence.'.



 
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