| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Mr Secretary Blunkett 258 Page 156 [Clause 279], leave out lines 24 and 25. | ||
| (a) | sections (Determination of minimum term in relation to mandatory life sentence) and (Duty to give reasons), |
| (b) | section (Duty to release certain life prisoners), |
| (c) | section (Mandatory life sentences: transitional cases) and Schedule (Mandatory life sentences: transitional cases), and |
| (d) | Part 6A of Schedule 28.'. |
Mr Secretary Blunkett
259
Page 156, line 40 [Clause 279], at end insert—
| '(bb) | section (Increase in penalties for certain driving-related offences causing death).'. |
REMAINING NEW CLAUSES
Limit on period of detention without charge of suspected terrorists
Mr Secretary Blunkett
NC45
To move the following Clause:—'(1) Schedule 8 to the Terrorism Act 2000 (c.11) (detention) is amended as follows.
(2) At the beginning of paragraph 29(3) (duration of warrants of further detention) there is inserted "Subject to paragraph 36(3A),".
(3) In sub-paragraph (3) of paragraph 36 (extension of warrants)—
| (a) | at the beginning there is inserted "Subject to sub-paragraph (3A),", and |
| (b) | for the words from "beginning" onwards there is substituted "beginning with the relevant time". |
(4) After that sub-paragraph there is inserted—
| "(3A) | Where the period specified in a warrant of further detention— |
(a) ends at the end of the period of seven days beginning with the relevant time, or
(b) by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,
the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteeen days beginning with the relevant time.
| (3B) | In this paragraph "the relevant time", in relation to a person, means— |
(a) the time of his arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.".'
Criminal record certificates: amendments of Part 5 of Police Act 1997
Mr Secretary Blunkett
NC26
To move the following Clause:—'Schedule (Criminal record certificates: amendments of Part 5 of Police Act 1997) (which contains amendments of Part 5 of the Police Act 1997) shall have effect.'.
Offence of outraging public decency triable either way
Mr Secretary Blunkett
NC40
To move the following Clause:—'(1) After paragraph 1 of Schedule 1 to the Magistrates' Courts Act 1980 (c.43) (offences triable either way by virtue of section 17) there is inserted—
| "1A | An offence at common law of outraging public decency.". |
(2) This section does not apply in relation to any offence committed before the commencement of this section.'.
Public understanding of the Criminal Justice System
Mr Graham Allen
NC3
To move the following Clause:—'The Secretary of State may by order require police forces, the prison service, the probation service, judges and lay justices to make joint arrangements to issue to each household in their jurisdiction or local area an explanation, in ordinary language, of their functions.'.
Duty of prison to rehabilitate and prepare personal plans for offenders
Mr Graham Allen
NC4
To move the following Clause:—'It shall be the duty of the prison service—
| (a) | to encourage the reform and rehabilitation of offenders, in particular through education and the development of social, emotional and behavioural skills, and to identify and account for the resources it specifically provides for this purpose, and |
| (b) | to prepare a personal plan for each offender serving a sentence of over 12 months setting objectives for his rehabilitation and reform, and |
| (c) | when making or considering recommendations for the early release of any prisoner, to take into account his achievement of the personal plan in pursuance of this section.'. |
Complaints about criminal justice
Mr Graham Allen
NC5
To move the following Clause:—'The Secretary of State may by order require the probation service, judges and lay justices to make joint arrangements for the consideration of complaints about the operation of the criminal justice system in any local area.'.
Limit on length of service for magistrates
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC8
To move the following Clause:—'(1) Lay magistrates shall be appointed for a term of 5 years, and may re-apply thereafter.
(2) No magistrate shall continue to serve beyond the age of 70.'.
Corporate killing
Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Marris
Dr Vincent Cable
David Winnick
NC11
To move the following Clause:—'.—(1) A corporation is guilty of corporate killing if—
| (a) | a management failure by the corporation is the cause or one of the causes of a person's death; and |
| (b) | that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances. |
(2) For the purposes of subsection (1) above—
| (a) | there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and |
| (b) | such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual. |
(3) A corporation guilty of an offence under this section is liable on conviction on indictment to a fine.
(4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.'.
As an Amendment to Mr Andrew Dismore's proposed New Clause (NC11) (Corporate killing):
Mr Douglas Hogg
(a)
*Line 2, at end insert 'principal'.
Corporate killing by an officer
Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Marris
Dr Vincent Cable
David Winnick
NC12
To move the following Clause:—'.—(1) An officer of a corporation is guilty of corporate killing if—
| (a) | a management failure by the corporation is the cause or one of the causes of a person's death; and |
| (b) | that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances. |
(2) For the purposes of subsection (1) above—
| (a) | there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and |
| (b) | such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual. |
(3) An officer guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment or both.
(4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.
(5) This section does not preclude an officer being guilty of murder or manslaughter.'.
As Amendments to Mr Andrew Dismore's proposed New Clause (NC12) (Corporate killing by an officer):
Mr Douglas Hogg
(a)
*Line 2, at end insert 'principal'.
Mr Douglas Hogg
(b)
*Line 5, after 'circumstances', insert 'and
| (c) | the officer is personally and directly responsible for the failure referred to in paragraph (a)'. |
Excluding the civil liability of the victims of crime
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
NC13
To move the following Clause:—'(1) A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.
(2) Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3) For the purpose of subsection (1) "victim" is defined as any person natural or corporated—
| (i) | whose interests were affected or threatened by the relevant offender, or |
| (ii) | who believed on reasonable grounds that their interests were affected or threatened by the relevant offender, or |
| (iii) | who was, at the time of the offence, a servant or agent of any person falling within paragraphs (i) or (ii) and who either knew or reasonably believed that the person's interests were so affected or threatened by the relevant offender. |
(4) For the purposes of subsection (3) "interests" includes—
| (i) | any proprietary interest; |
| (ii) | a personal interest in avoiding physical injury. |
(5) For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender.'.
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