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Power to sentence young offender to detention in respect of certain firearms offences: Scotland
Mr Secretary Blunkett
NC49
*To move the following Clause:—
'(1) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows.
(2) In section 49(3) (children's hearing for purpose of obtaining advice as to treatment of child), at the end there is added "except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A of the Firearms Act 1968 it shall itself dispose of the case".
(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—
"(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A of the Firearms Act 1968.".'.
Power by order to exclude application of minimum sentence to those under 18
Mr Secretary Blunkett
NC50
*To move the following Clause:—
'(1) The Secretary of State may by order—
| (a) | amend section 51A(1)(b) of the Firearms Act 1968 (c.27) by substituting for the word "16" the word "18", |
| (b) | repeal section 91(1A)(c) and (5) of the Sentencing Act, |
| (c) | amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 (c.46) by repealing the exception to that subsection, |
| (d) | repeal section 208(2) of that Act, and |
| (e) | make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d). |
(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act."
Increase in penalty for offences relating to importation or exportation of certain firearms
Mr Secretary Blunkett
NC51
*To move the following Clause:—
'(1) The Customs and Excise Management Act 1979 (c.2) is amended as follows.
(2) In section 50 (penalty for improper importation of goods), for subsection (5A) there is substituted—
"(5A) In the case of an offence under subsection (2) or (3) above in connection with—
| (a) | a prohibition or restriction on the importation of a firearm falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms Act 1968, or |
| (b) | the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, |
subsection (4)(b) above shall have effect as if for the words "7 years" there were substituted the words "10 years"."
(3) In section 68 (offences in relation to exportation of prohibited or restricted goods) for subsection (4A) there is substituted—
"(4A) In the case of an offence under subsection (2) above in connection with—
| (a) | a prohibition or restriction on the exportation of a firearm falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms Act 1968, or |
| (b) | the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, |
subsection (3)(b) above shall have effect as if for the words "7 years" there were substituted the words "10 years"."
(4) In section 170 (penalty for fraudulent evasion of duty, etc), for subsection (4A) there is substituted—
"(4A) In the case of an offence under this section in connection with—
| (a) | a prohibition or restriction on the importation or exportation of a firearm falling within section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms Act 1968, or |
| (b) | the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981, |
subsection (3)(b) above shall have effect as if for the words "7 years" there were substituted the words "10 years"."
(5) This section does not affect the penalty for any offence committed before the commencement of this section.'
Increase in sentences for hate crimes
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC6
To move the following Clause:—
'(1) In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2), the court—
| (a) | must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and |
| (b) | must state in open court that the offence was so aggravated. |
(2) An offence is to be considered a hate crime for the purposes of section if—
| (a) | at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability, or sexual orientation; or |
| (b) | the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability, or sexual orientation. |
(3) In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.'.
Prohibition on mandatory sentences
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC7
To move the following Clause:—
'(1) There shall be no mandatory sentences.
(2) In section 1 (Abolition of death penalty for murder) of the Murder (Abolition of Death Penalty) Act 1965 there is substituted:
| "(1) | No person shall suffer death for murder, and a person convicted of murder may be sentenced to imprisonment for life." |
(3) Sections 110 and 111 of the Powers of Criminal Courts (Sentencing) Act 2000 are repealed.'.
Penalty for causing death by dangerous driving
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC9
To move the following Clause:—
'In Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for "10 years" there shall be substituted "14 years".'.
Abolition of imprisonment for fine default
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC10
To move the following Clause:—
'No offender shall be committed to custody in default of a fine.'.
Mr Graham Allen
174
Page 76, line 7 [Clause 127], at beginning insert 'Judges shall have discretion in the determination of all sentences. However,'.
Mr Secretary Blunkett
233
Page 76, line 10 [Clause 127], leave out from 'deterrence' to end of line 11 and insert—
| '(bb) | the reform and rehabilitation of offenders,'. |
Mr Secretary Blunkett
426
*Page 76, line 18 [Clause 127], after 'imposed' insert 'under section 51A(2) of the Firearms Act 1968 (c.27) (minimum sentence for certain firearms offences), '.
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
31
Page 76, line 30, [Clause 128], after 'offence', insert ', the level of violence used by the offender in committing the offence'.
Mr Secretary Blunkett
234
Page 76, line 30 [Clause 128], leave out from 'and' to end of line 31 and insert 'any harm which the offence caused, was intended to cause or might forseeably have caused'.
Mr Secretary Blunkett
235
Page 77, line 5 [Clause 128], leave out subsections (5) and (6).
Mr Secretary Blunkett
427
*Page 78, line 43 [Clause 134], at end insert—
| '(aa) | falls to be imposed under section 51A(2) of the Firearms Act 1968 (c.27) (required custodial sentence for certain firearms offences),'. |
Mr Secretary Blunkett
428
*Page 80, line 1 [Clause 136], after 'imposed' insert 'under section 51A(2) of the Firearms Act 1968 (c.27), '.
Mr Secretary Blunkett
429
*Page 80, line 17 [Clause 137], after 'to' there is inserted 'section 51A(2) of the Firearms Act 1968 (c.27),'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
67
Page 81, line 8, leave out Clause 140.
Mr Secretary Blunkett
236
Page 84, line 39 [Clause 146], leave out 'a prison officer'.
Mr Secretary Blunkett
197
Page 87, line 30 [Clause 152], leave out from 'Council)' to end of line 35 and insert 'consisting of—
| (a) | the Lord Chief Justice, who is to be chairman of the Council, |
| (b) | seven members (in this section and section (Sentencing Guidelines Council: supplementary provisions) referred to as "judicial members") appointed by the Lord Chancellor after consultation with the Secretary of State and the Lord Chief Justice, and |
| (c) | five members (in this section and section (Sentencing Guidelines Council: supplementary provisions) referred to as "non-judicial members") appointed by the Secretary of State after consultation with the Lord Chancellor and the Lord Chief Justice. |
(1A) A person is eligible to be appointed as a judicial member if he is—'.
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