| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
| back to previous text | |
|
Mr Secretary Blunkett 274 Page 219, line 6 [Schedule 10], after 'Scotland' insert 'or Northern Ireland'. | ||
| (b) | subsection (2) of section 186 (curfew requirement),'. |
Mr Secretary Blunkett
242
Page 120, line 23 [Clause 210], leave out 'in the case of a person aged 18 or over'.
Mr Secretary Blunkett
243
Page 120, line 29 [Clause 210], leave out 'in the case of a person aged 18 or over' and insert—'(6) Any reference in this section to the maximum term of imprisonment permitted for an offence is a reference to the maximum term of imprisonment that is, apart from section 207, permitted for the offence in the case of a person aged 18 or over.'.
Mr Graham Allen
189
Page 123, line 26 [Clause 219], at end insert—'(3) In this Chapter, "Sentence" means—
| (a) | the term of imprisonment as defined in (4) below and |
| (b) | any additional requirements thereafter in respect of licence |
requirements or community sentences so specified by the Court.
(4) In this Chapter "imprisonment" means the full term which a prisoner shall serve, which shall be subject to a maximum reduction by one-tenth in accord with—
| (a) | good behaviour by that prisoner as judged by the Governor of that institution, and |
| (b) | the attainment of personal targets set in the Personal Prisoner Plan for items including numeracy, literacy, educational qualifications, personal and emotional development. |
(5) In this Chapter "a Licence" shall be any penalty additional to imprisonment which may further condition the liberty of the individual sentenced and if breached within the term of the licence shall result in the immediate return to custody until the date of the expiry of the licence.'.
Mr Graham Allen
190
Page 127, line 32 [Clause 226], leave out paragraph (a) and insert—
| '(a) | the full prison sentence imposed by the court for offences of up to 12 months, apart from a maximum reduction of one-tenth for good behaviour or personal development.'. |
Mr Secretary Blunkett
244
Page 128, line 3 [Clause 227], leave out '90' and insert '135'.
Mr Secretary Blunkett
245
Page 128, line 6 [Clause 227], leave out '90' and insert '135'.
Mr Secretary Blunkett
246
Page 128, line 30 [Clause 227], leave out 'for the purposes of this Chapter'.
Mr Secretary Blunkett
247
Page 128, line 40 [Clause 227], at end insert—'(4A) For the purposes of subsection (4)(f), a person is liable to removal from the United Kingdom if—
| (a) | he is liable to deportation under section 3(5) of the Immigration Act 1971 (c.77) and has been notified of a decision to make a deportation order against him, |
| (b) | he is liable to deportation under section 3(6) of that Act, |
| (c) | he has been notified of a decision to refuse him leave to enter the United Kingdom, |
| (d) | he is an illegal entrant within the meaning of section 33(1) of that Act, or |
| (e) | he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c.33).'. |
Mr Graham Allen
191
Page 133, line 31 [Clause 237], after 'days', insert 'in prison'.
Mr Secretary Blunkett
248
Page 134, line 4, leave out Clause 238.
Mr Secretary Blunkett
249
Page 136, line 42 [Clause 243], at end insert—'(3A) In subsection (5), after paragraph (e) there is inserted "and
| (f) | a sentence of detention under section 208 or 210 of the Criminal Justice Act 2003,".'. |
Mr Secretary Blunkett
276
Page 244, line 9 [Schedule 18], leave out 'are' and insert 'to be'.
Mr Secretary Blunkett
277
Page 245, line 3 [Schedule 18], leave out 'sub-paragraph (5)' and insert 'sub-paragraph (6)'.
Mr Secretary Blunkett
278
Page 245, line 9 [Schedule 18], after 'by' insert 'the supervisor or'.
Mr Secretary Blunkett
279
Page 245, [Schedule 18], leave out lines 23 and 24 and insert 'the supervisor to be communicated to the supervisor.".'.
Mr Secretary Blunkett
280
Page 245, line 26 [Schedule 18], leave out 'after "5"' and insert 'before "or 7".'.
Mr Graham Allen
192
Page 138, line 14 [Clause 248], leave out 'are' and insert 'shall be referred to the Sentencing Guidelines Council for an opinion as to whether they should be'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
120
Page 253, line 25 [Schedule 19], leave out paragraph 94.
Mr Graham Allen
193
Page 138, line 27 [Clause 249], leave out from 'may' to '(a)' in line 28 and insert 'request a review by the Sentencing Council and thereafter may'.
Mr Secretary Blunkett
281
Page 265, line 34 [Schedule 21], at end insert—
"Scotland Act 1998 (c. 46)
| 6A | (1) | Section 113 of the Scotland Act 1998 (subordinate legislation: scope of powers) is amended as follows. |
| (2) | In paragraph (a) of subsection (10), for "three months" there is substituted "the prescribed term". |
| (3) | After that subsection there is inserted— |
| (a) | in relation to England and Wales, where the offence is a summary offence, 51 weeks, |
| (b) | in relation to England and Wales, where the offence is triable either way— |
| (i) | for offences committed before the commencement of an order under section 140(a) of the Criminal Justice Act 2003 (power to increase general limit on magistrates' power to impose imprisonment), 12 months, and |
| (ii) | for offences committed after that commencement, 18 months or, if less, the maximum term of imprisonment to which the offender would be liable on conviction on indictment of the offence, |
| (c) | in relation to Scotland and Northern Ireland, three months.".". |
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
68
Page 266, line 23 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin only'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
69
Page 266, line 44 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
70
Page 267, line 5 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin only'.
Mr Secretary Blunkett
282
Page 269, line 3 [Schedule 23], after 'for' insert 'any reference to an amount of money or a'.
Mr Secretary Blunkett
283
Page 269, line 3 [Schedule 23], leave out 'such other' and insert 'a reference to such other amount or'.
Mr Secretary Blunkett
284
Page 269, line 12, [Schedule 23], leave out paragraph 8 and insert—
| '8 | In paragraph 10, after paragraph (b) there is inserted— |
| "(bb) | any power to impose a fine on the offender.".'. |
Mr Secretary Blunkett
250
Page 143, line 10 [Clause 256], at end insert 'by a magistrates' court'.
Mr Secretary Blunkett
251
Page 143, line 12, [Clause 256], after 'paragraph 7(2)' insert 'or (4), 13(6) or 25(1)'.
Mr Secretary Blunkett
252
Page 143, line 13 [Clause 256], leave out from '8' to end of line 14 and insert—'paragraph 8(1) of Schedule 9, or paragraph 5(1) or (3), 11(1) or 19(1) of Schedule 10,'.
| |
| ©Parliamentary copyright 2003 | Prepared 16 May 2003 |