| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Prohibition on mandatory sentences
Mr Charles Kennedy 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:
(3) Sections 110 and 111 of the Powers of Criminal Courts (Sentencing) Act 2000 are repealed.'.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 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 NC10 To move the following Clause:—'No offender shall be committed to custody in default of a fine.'.
Destruction of fingerprints and samples
Simon Hughes NC55 *To move the following Clause:—'(1) Section 64 of the 1984 Act (destruction of fingerprints and samples) is amended as follows: (2) In subsection (3) the words ', except as provided in the following provisions of this section,' are omitted. (3) Subsections (3AA), (3AB) and (3AC) are omitted.'.
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—
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 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—
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' insert 'section 51A(2) of the Firearms Act 1968 (c.27),'.
Mr Oliver Letwin 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—
(1A) A person is eligible to be appointed as a judicial member if he is—'.
Mr Graham Allen 175 Page 87, line 31 [Clause 152], at end insert 'which shall include as Deputy Chairman the Secretary of State for the Home Department, or a person whom he nominates in his stead, and the chairman of the appropriate committee of the House of Commons, or a person whom he nominates in his stead, who, together with the Lord Chief Justice, shall comprise the Executive Committee of the Council.'.
Mr Graham Allen 476 Page 87, line 31 [Clause 152], at end insert—'(1A) From the date when this section of the Criminal Justice Act 2003 comes into force, the Sentencing Guidelines Council shall determine all guidelines for sentencing and neither the Secretary of State nor the Lord Chief Justice may publish sentencing guidelines without the consent of the Sentencing Guidelines Council.'.
Mr Graham Allen 176 Page 87, line 34 [Clause 152], at end insert 'and the chairman of the appropriate committee of the House of Commons.'.
Mr Graham Allen 177 Page 87, line 35 [Clause 152], leave out subsection (4) and insert—'(4) The other members of the Council shall include at least one of each of the following—
Mr Secretary Blunkett 198 Page 87, line 41 [Clause 152], leave out subsections (5) to (8) and insert—'(4A) The judicial members must include a Circuit judge, a District Judge (Magistrates' Courts) and a lay justice. (4B) A person is eligible for appointment as a non-judicial member if he appears to the Secretary of State to have experience in one or more of the following areas—
(4C) The persons eligible for appointment as non-judicial members include civil servants appearing to the Secretary of State to have the required experience. (4D) The non-judicial members must include at least one person appearing to the Secretary of State to have experience in each area. (4E) The Lord Chief Justice must appoint one of the judicial members or non-judicial members to be deputy chairman of the Council. (4F) In relation to any meeting of the Council from which the Lord Chief Justice is to be absent, he may nominate any person eligible for appointment as a judicial member to act as a member on his behalf at the meeting. (4G) In this section and section (Sentencing Guidelines Council: supplementary provisions) "lay justice" means a justice of the peace who is not a District Judge (Magistrates' Courts).'
As Amendments to Mr Secretary Blunkett's proposed Amendment (No. 198) (Page 87, line 41 [Clause 152])
Mr Douglas Hogg (a) *Line 1, after 'include', insert 'a judge of the High Court,'.
Mr Douglas Hogg (b) *Line 14, after 'person', insert '(but in respect of the non-judicial member appointed pursuant to paragraph (d) of section (4B) above not more than one)'.
Mr Graham Allen 178 Page 87, line 41 [Clause 152], leave out subsection (5).
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