Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Revocation of bail
Mr Secretary Blunkett NC43 To move the following Clause:'(1) Where
(2) Where a person surrenders himself into the custody of the court in compliance with an order under subsection (1), the court must remand him in custody. (3) A person who has been ordered to surrender to custody under subsection (1) may be arrested without a warrant by an officer if he fails without reasonable cause to surrender to custody in accordance with the order. (4) A person arrested under subsection (3) must be brought as soon as practicable, and, in any event, not more than 24 hours after he is arrested, before the court and the court must remand him in custody. (5) For the purpose of calculating the period referred to in subsection (4), the following are to be disregarded
Armed Forces: Part 10
Mr Secretary Blunkett NC44 To move the following Clause:'(1) Section 31 of the Armed Forces Act 2001 (c.19) (provision in consequence of enactments relating to criminal justice) applies to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of that section as it applies to a criminal justice enactment. (2) The power under that section to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit. (3) In subsection (2) "service offence" means an offence under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53).'.
Application of Part 10 to Northern Ireland
Mr Secretary Blunkett NC54 To move the following Clause:'(1) In its application to Northern Ireland this Part is to have effect subject to the modifications in this section. (2) In sections 63(1)(a) and (b), 64(2)(a), 67(3) and 73(2)(a) for "England and Wales" substitute "Northern Ireland". (3) For section 63(2)(c) substitute
(5) In section 69(1) for "Criminal Appeal Act 1968 (c. 19)" substitute "Criminal Appeal (Northern Ireland) Act 1980 (c. 47)". (6) In section 69(2)
(9) After section 72(6) insert
(11) Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (10) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)). (12) In section 80(2) for "the Criminal Appeal Rules and the Crown Court Rules" substitute "rules under section 55 of the Judicature (Northern Ireland) Act 1978 (c.23) and Crown Court Rules". (13) In section 81(1) for the definition of "police force" substitute
NEW CLAUSES NOS. 30 TO 39 AND 46 TO 51Determination of minimum term in relation to mandatory life sentence
Mr Secretary Blunkett NC30 To move the following Clause:'(1) This section applies where after the commencement of this section a court passes a life sentence in circumstances where the sentence is fixed by law. (2) The court must, unless it makes an order under subsection (4), order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c.43) (referred to in this Chapter as "the early release provisions") are to apply to the offender as soon as he has served the part of his sentence which is specified in the order. (3) The part of his sentence is to be such as the court considers appropriate taking into account
(5) In considering under subsection (3) or (4) the seriousness of an offence (or of the combination of an offence and one or more offences associated with it), the court must have regard to
As an Amendment to Mr Secretary Blunkett's proposed New Clause (NC30) (Determination of minimum term in relation to mandatory life sentence):
Mr Graham Allen (a) Line 30, at end insert'(7) The Secretary of State shall not make an order under subsection (6) unless he has laid before each House of Parliament a statement from the Sentencing Guidelines Council giving its consent to the making of that order.'.
Duty to give reasons
Mr Secretary Blunkett NC31 To move the following Clause:'(1) Any court making an order under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence) must state in open court, in ordinary language, its reasons for deciding on the order made. (2) In stating its reasons the court must, in particular
Appeals
Mr Secretary Blunkett NC32 To move the following Clause:
Review of minimum term on reference by Attorney General
Mr Secretary Blunkett NC33 To move the following Clause:
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