Vote Bundle Text (930513-11)

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

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Further provisions about references relating to transferred life prisoners

Mr Secretary Blunkett

NC35

To move the following Clause:—

'(1) A reference to the High Court under section (Life prisoners transferred to England and Wales) is to be determined by a single judge of that court without an oral hearing.

(2) In relation to a reference under that section, any reference to "the court" in subsections (2) to (5) of section (Determination of minimum term in relation to mandatory life sentence), in Schedule (Determination of minimum term in relation to mandatory life sentence) or in section 82A(2) to (4) of the Sentencing Act is to be read as a reference to the High Court.

(3) A person in respect of whom a reference has been made under section (Determination of minimum term in relation to mandatory life sentence) may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4) Section 1(1) of the Administration of Justice Act 1960 (c.65) (appeal to House of Lords from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c.54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the House of Lords under this section.

(7) In relation to appeals to the Court of Appeal or the House of Lords under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (c.19) (subject to any specified modifications).'.

Duty to release certain life prisoners

Mr Secretary Blunkett

NC36

To move the following Clause:—

'(1) Section 28 of the Crime (Sentences) Act 1997 (c.43) (duty to release certain life prisoners) is amended as follows.

(2) For subsection (1A) there is substituted—

"(1A) In this Chapter—

(a) references to a life prisoner to whom this section applies are references to a life prisoner in respect of whom a minimum term order has been made, and

(b) references to the relevant part of his sentence are references to the part of his sentence specified in the order.".

(3) In subsection (1B)(a), for the words from "such an order" to "appropriate stage" there is substituted "a minimum term order has been made in respect of each of those sentences".

(4) After subsection (8) there is inserted—

"(8A) In this section "minimum term order" means an order under—

(a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b) 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 respect of mandatory life sentence).".'.

Mandatory life sentences: transitional cases

Mr Secretary Blunkett

NC37

To move the following Clause:—

'Schedule (Mandatory life sentences: transitional cases) (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.'.

Interpretation of Chapter

Mr Secretary Blunkett

NC38

To move the following Clause:—

'In this Chapter—

"court" includes a court-martial;"guidelines" has the same meaning as in section 156(1);"life sentence" means—a sentence of imprisonment for life, a sentence of detention during Her Majesty's pleasure, ora sentence of custody for life passed before the commencement of section 61(1) of the Criminal Justice and Court Services Act 2000 (c.43) (which abolishes that sentence).'.

Increase in penalties for certain driving-related offences causing death

Mr Secretary Blunkett

NC39

To move the following Clause:—

'(1) In section 12A of the Theft Act 1968 (c.60) (aggravated vehicle-taking), in subsection (4), for 'five years' there is substituted 'fourteen years'.

(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c.53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).

(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c.52) (causing death by dangerous driving), in column 4, for "10 years" there is substituted "14 years".

(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for "10 years" there is substituted "14 years".

(5) This section does not affect the penalty for any offence committed before the commencement of this section.'.

Minimum sentence for certain firearms offences

Mr Secretary Blunkett

NC46

*To move the following Clause:—

'After section 51 of the Firearms Act 1968 (c.27) there is inserted the following section—

"51A Minimum sentence for certain offences under s. 5

(1) This section applies where—

(a) an individual is convicted of—

(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) of this Act, or

(ii) an offence under section 5(1A)(a) of this Act, and

(b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over.

(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(4) In this section "appropriate custodial sentence (or order for detention)" means—

(a) in relation to England and Wales—

(i) in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and

(ii) in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) in relation to Scotland—

(i) in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,

(ii) in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995 (c.46), and

(iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.

(5) In this section "the required minimum term" means—

(a) in relation to England and Wales—

(i) in the case of an offender who was aged 18 or over when he committed the offence, five years, and

(ii) in the case of an offender who was under 18 at that time, three years, and

(b) in relation to Scotland—

(i) in the case of an offender who was aged 21 or over when he committed the offence, five years, and

(ii) in the case of an offender who was aged under 21 at that time, three years.".'

Certain firearms offences to be triable only on indictment

Mr Secretary Blunkett

NC47

*To move the following Clause:—

'In Part 1 of Schedule 6 to the Firearms Act 1968 (c.27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—

"Section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) Possessing or distributing prohibited weapons or ammunition. On indictment 10 years or a fine, or both.

Section 5(1)(b) Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc. (a) Summary 6 months or a fine of the statutory maximum, or both

(b) On indictment 10 years or a fine or both.

Section 5(1A)(a) Possessing or distributing firearm disguised as other object. On indictment 10 years or a fine, or both.

Section 5(1A)(b), (c), (d), (e), (f) or (g) Possessing or distributing other prohibited weapons (a) Summary 6 months or a fine of the statutory maximum, or both

(b) On indictment 10 years or a fine, or both.''.'

Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

Mr Secretary Blunkett

NC48

*To move the following Clause:—

'(1) Section 91 of the Sentencing Act (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.

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

"(1A) Subsection (3) below also applies where—

(a) a person aged under 18 is convicted on indictment of an offence—

(i) under subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or

(ii) under subsection (1A)(a) of that section,

(b) the offence was committed after the commencement of section 51A of that Act and at a time when he was aged 16 or over, and

(c) the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence)."

(3) After subsection (4) there is inserted—

"(5) Where subsection (2) of section 51A of the Firearms Act 1968 requires the imposition of a sentence of detention under this section for a term of at least the required minimum term (within the meaning of that section), the court shall sentence the offender to be detained for such period, of at least that term but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.".'.