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Mr Secretary Blunkett
409
Page 51, line 10 [Clause 78], leave out 'with such conditions as it sees fit,'.
Mr Secretary Blunkett
410
Page 51, line 26 [Clause 78], at end insert—
'(3A) Section 4 of the Bail Act 1976 (c.63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.'.
Mr Secretary Blunkett
411
Page 51, line 30 [Clause 78], leave out from beginning to 'or'.
Mr Secretary Blunkett
412
Page 51, line 32 [Clause 78], leave out subsection (5).
Mr Secretary Blunkett
413
Page 52, line 12 [Clause 81], at end insert—
'"the 1979 Act" means the Customs and Excise Management Act 1979 (c.2),"the 1984 Act" means the Police and Criminal Evidence Act 1984 (c.60),'.
Mr Secretary Blunkett
414
Page 52, line 14 [Clause 81], at end insert—
| | '"customs and excise officer" means an officer as defined by section 1(1) of the 1979 Act, or a person to whom section 8(2) of that Act applies,'. |
Mr Secretary Blunkett
415
Page 52, line 16 [Clause 81], leave out ', subject to section 71(6),'.
Mr Secretary Blunkett
416
Page 52, line 16 [Clause 81], after 'force' insert 'or a customs and excise officer'.
Mr Secretary Blunkett
417
Page 52 [Clause 81], leave out line 19.
Mr Secretary Blunkett
418
Page 52 [Clause 81], leave out line 22.
Mr Secretary Blunkett
419
Page 52 [Clause 81], leave out line 24.
Mr Secretary Blunkett
420
Page 52, line 31 [Clause 81], at end insert—
'(3) References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—
| (a) | appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and |
| (b) | is specified by the Commissioners for the purposes of the provision concerned.'. |
NEW CLAUSES RELATING TO PART 12
Sentencing Guidelines Council: supplementary provisions
Mr Secretary Blunkett
NC28
To move the following Clause:—
'(1) In relation to the Council, the Lord Chancellor may by order make provision—
| (a) | as to the term of office, resignation and re-appointment of judicial members and non-judicial members, |
| (b) | enabling the appropriate Minister to remove a judicial member or non-judicial member from office on grounds of incapacity or misbehaviour, and |
| (c) | as to the proceedings of the Council. |
(2) In subsection (1)(b) "the appropriate Minister" means—
| (a) | in relation to a judicial member, the Lord Chancellor, and |
| (b) | in relation to a non-judicial member, the Secretary of State. |
(3) The validity of anything done by the Council is not affected by any vacancy among its members, by any defect in the appointment of a member or by any failure to comply with section 152(4A) , (4D) or (4E).
(4) The Lord Chancellor may pay—
| (a) | to any judicial member who is appointed by virtue of being a lay justice, such remuneration or expenses as he may determine, and |
| (b) | to any other judicial member or the Lord Chief Justice, such expenses as he may determine. |
(5) The Secretary of State may pay to any non-judicial member such remuneration or expenses as he may determine.'
Determination of minimum term in relation to mandatory life sentence
Mr Secretary Blunkett
NC30
To move the following Clause:—
'(1) This section applies where after the commencement of this section a court passes a life sentence in circumstances where the sentence is fixed by law.
(2) The court must, unless it makes an order under subsection (4), order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c.43) (referred to in this Chapter as "the early release provisions") are to apply to the offender as soon as he has served the part of his sentence which is specified in the order.
(3) The part of his sentence is to be such as the court considers appropriate taking into account—
| (a) | the seriousness of the offence, or of the combination of the offence and any one or more offences associated with it, and |
| (b) | the effect of any direction which it would have given under section 222 (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment. |
(4) If the offender was 21 or over when he committed the offence and the court is of the opinion that, because of the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2), the court must order that the early release provisions are not to apply to the offender.
(5) In considering under subsection (3) or (4) the seriousness of an offence (or of the combination of an offence and one or more offences associated with it), the court must have regard to—
| (a) | the general principles set out in Schedule (Determination of minimum term in relation to mandatory life sentence), and |
| (b) | any guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule (Determination of minimum term in relation to mandatory life sentence). |
(6) The Secretary of State may by order amend Schedule (Determination of minimum term in relation to mandatory life sentence).'.
Duty to give reasons
Mr Secretary Blunkett
NC31
To move the following Clause:—
'(1) Any court making an order under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence) must state in open court, in ordinary language, its reasons for deciding on the order made.
(2) In stating its reasons the court must, in particular—
| (a) | state which of the starting points in Schedule (Determination of minimum term in relation to mandatory life sentence) it has chosen and its reasons for doing so, and |
| (b) | state its reasons for any departure from that starting point.'. |
Appeals
Mr Secretary Blunkett
NC32
To move the following Clause:—
'In section 9 of the Criminal Appeal Act 1968 (c.19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—
"(1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence) of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section (Interpretation of Chapter) of that Act), that is fixed by law.".'.
Review of minimum term on reference by Attorney General
Mr Secretary Blunkett
NC33
To move the following Clause:—
'In section 36 of the Criminal Justice Act 1988 (c.33) (reviews of sentencing) after subsection (3) there is inserted—
"(3A) Where a reference under this section relates to an order under subsection (2) of section (Determination of minimum term in relation to mandatory life sentence) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.".'.
Life prisoners transferred to England and Wales
Mr Secretary Blunkett
NC34
To move the following Clause:—
'(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of a relevant order.
(2) In subsection (1) "transferred life prisoner" means a person—
| (a) | on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and |
| (b) | who has been transferred to England and Wales after the commencement of this section in pursuance of— |
| (i) | an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c.31), or |
| (ii) | a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c.47), |
there to serve his sentence or sentences or the remainder of his sentence or sentences.
(3) In subsection (1) "a relevant order" means—
| (a) | in a case where the prisoner's offence or offences appear to the court to be or include an offence for which, if it had been committed in England and Wales, the sentence would have been fixed by law, an order under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence), and |
| (b) | in any other case, an order under subsection (2) or (4) of section 82A of the Sentencing Act. |
(4) In section 34(1) of the Crime (Sentences) Act 1997 (meaning of "life prisoner" in Chapter 2 of Part 2 of that Act) at the end there is inserted "and includes a transferred life prisoner as defined by section (Life prisoners transferred to England and Wales)(2) of the Criminal Justice Act 2003".'.
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