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—

      (a) a court revokes a person's bail under this Part, and

      (b) that person is not before the court when his bail is revoked,

    the court must order him to surrender himself forthwith to the custody of the court.

    (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—

      (a) Sunday,

      (b) Christmas Day,

      (c) Good Friday,

      (d) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c.80) in the part of the United Kingdom where the person is for the time being detained.'.


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—

          "(c) in respect of which, in proceedings where he has been found to be unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him."

    (4)   In section 63(8) for "Part 1" substitute "Part 1A".

    (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)—

      (a) for "33" substitute "31", and

      (b) for "An" substitute "Subject to the provisions of this Part of this Act, an".

    (7)   In section 69(4)—

      (a) for "34(2)" substitute "32(2), and

      (b) for "33(1B)" substitute "31(1B)".

    (8)   In section 72(1) for "preferred" substitute "presented".

    (9)   After section 72(6) insert—

          "(6A)   Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is to be tried in accordance with subsection (1) as if—

          (a) he had been committed for trial for the offence in question, and

          (b) the reference in paragraph (2)(a) of that Article to a magistrates' court included a reference to the Court of Appeal."

    (10)   In section 79(1) for the words from the beginning to "does" substitute "Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c.26) do".

    (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—

      ""police force" means—

          (a) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

          (b) the Ministry of Defence Police,

          (c) any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)), or

          (d) any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c.16);".

          (14)   Omit section 81(2).'.


      NEW CLAUSES NOS. 30 TO 39 AND 46 TO 51

      Determination 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—

          (a) the seriousness of the offence, or of the combination of the offence and any one or more offences associated with it, and

          (b) the effect of any direction which it would have given under section 222 (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment.

          (4)   If the offender was 21 or over when he committed the offence and the court is of the opinion that, because of the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2), the court must order that the early release provisions are not to apply to the offender.

          (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—

          (a) the general principles set out in Schedule (Determination of minimum term in relation to mandatory life sentence), and

          (b) any guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule (Determination of minimum term in relation to mandatory life sentence).

          (6)   The Secretary of State may by order amend Schedule (Determination of minimum term in relation to mandatory life sentence).'.

      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—

          (a) state which of the starting points in Schedule (Determination of minimum term in relation to mandatory life sentence) it has chosen and its reasons for doing so, and

          (b) state its reasons for any departure from that starting point.'.


      Appeals

         

      Mr Secretary Blunkett

      NC32

      To move the following Clause:—

        'In section 9 of the Criminal Appeal Act 1968 (c.19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—

              "(1A)   In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section (Determination of minimum term in relation to mandatory life sentence) of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section (Interpretation of Chapter) of that Act), that is fixed by law.".'.


      Review of minimum term on reference by Attorney General

         

      Mr Secretary Blunkett

      NC33

      To move the following Clause:—

        'In section 36 of the Criminal Justice Act 1988 (c.33) (reviews of sentencing) after subsection (3) there is inserted—

              "(3A)   Where a reference under this section relates to an order under subsection (2) of section (Determination of minimum term in relation to mandatory life sentence) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.".'.



       
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