Vote Bundle Text (930516-10)

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

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As Amendments to Mr Secretary Blunkett's proposed New Clause (NC46) (Minimum sentence for certain firearm offences):

Mr Douglas Hogg

(a)

*Leave out lines 15 and 16.

Mr Douglas Hogg

(b)

*Line 52, at end insert—

(6) This section shall have no application to any offence of possession of a firearm where the place at which the individual was in possession of that firearm was that individual's place of residence.'.

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.".'.

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.'

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

(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.'

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.'.