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Mandatory life sentences: transitional cases
Mr Secretary Blunkett
NC37
To move the following Clause:—
'Schedule (Mandatory life sentences: transitional cases) (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.'.
Interpretation of Chapter
Mr Secretary Blunkett
NC38
To move the following Clause:—
'In this Chapter—
"court" includes a court-martial;
"guidelines" has the same meaning as in section 156(1);
"life sentence" means—
a sentence of imprisonment for life, a sentence of detention during Her Majesty's pleasure, or
a sentence of custody for life passed before the commencement of section 61(1) of the Criminal Justice and Court Services Act 2000 (c.43) (which abolishes that sentence).'.
Increase in penalties for certain driving-related offences causing death
Mr Secretary Blunkett
NC39
To move the following Clause:—
'(1) In section 12A of the Theft Act 1968 (c.60) (aggravated vehicle-taking), in subsection (4), for 'five years' there is substituted 'fourteen years'.
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c.53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).
(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c.52) (causing death by dangerous driving), in column 4, for "10 years" there is substituted "14 years".
(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for "10 years" there is substituted "14 years".
(5) This section does not affect the penalty for any offence committed before the commencement of this section.'.
As an Amendment to Mr Secretary Blunkett's proposed New Clause (NC39) (Increase in penalties for certain driving-related offences causing death):
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
(a)
Line 11, at end insert—
'(4A) In the entry relating to section 2 of that Act (dangerous driving), in column 3, after 'Summarily', insert ', except in cases involving death or serious injury.'.
Minimum sentence for certain firearms offences
Mr Secretary Blunkett
NC46
To move the following Clause:—
'After section 51 of the Firearms Act 1968 (c.27) there is inserted the following section—
| | "51A | Minimum sentence for certain offences under s. 5 |
(1) This section applies where—
| (a) | an individual is convicted of— |
| (i) | an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) of this Act, or |
| (ii) | an offence under section 5(1A)(a) of this Act, and |
| (b) | the offence was committed after the commencement of this section and at a time when he was aged 16 or over. |
(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
(3) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.
(4) In this section "appropriate custodial sentence (or order for detention)" means—
| (a) | in relation to England and Wales— |
| (i) | in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and |
| (ii) | in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000; |
| (b) | in relation to Scotland— |
| (i) | in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, |
| (ii) | in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995 (c.46), and |
| (iii) | in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act. |
(5) In this section "the required minimum term" means—
| (a) | in relation to England and Wales— |
| (i) | in the case of an offender who was aged 18 or over when he committed the offence, five years, and |
| (ii) | in the case of an offender who was under 18 at that time, three years, and |
| (b) | in relation to Scotland— |
| (i) | in the case of an offender who was aged 21 or over when he committed the offence, five years, and |
| (ii) | in the case of an offender who was aged under 21 at that time, three years.".' |
Amendments to Mr Secretary Blunkett's proposed New Clause (NC46) (Minimum sentence for certain firearms offences):
Mr Douglas Hogg
(a)
Leave out lines 14 and 15 and insert 'it would be unjust to do so'.
Mr Douglas Hogg
(b)
Line 52, at end insert—
'(6) This section shall have no application to any offence of possession of a firearm where the place at which the individual was in possession of that firearm was that individual's place of residence.'.
Certain firearms offences to be triable only on indictment
Mr Secretary Blunkett
NC47
To move the following Clause:—
'In Part 1 of Schedule 6 to the Firearms Act 1968 (c.27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—
| "Section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (c) | Possessing or distributing prohibited weapons or ammunition. | On indictment | 10 years or a fine, or both. |
| Section 5(1)(b) | Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary | 6 months or a fine of the statutory maximum, or both |
| | (b) On indictment | 10 years or a fine or both. |
| Section 5(1A)(a) | Possessing or distributing firearm disguised as other object. | On indictment | 10 years or a fine, or both. |
| Section 5(1A)(b), (c), (d), (e), (f) or (g) | Possessing or distributing other prohibited weapons | (a) Summary | 6 months or a fine of the statutory maximum, or both |
| | (b) On indictment | 10 years or a fine, or both.''.' |
Power to sentence young offender to detention in respect of certain firearms offences: England and Wales
Mr Secretary Blunkett
NC48
To move the following Clause:—
'(1) Section 91 of the Sentencing Act (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.
(2) After subsection (1) there is inserted—
"(1A) Subsection (3) below also applies where—
| (a) | a person aged under 18 is convicted on indictment of an offence— |
| (i) | under subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or |
| (ii) | under subsection (1A)(a) of that section, |
| (b) | the offence was committed after the commencement of section 51A of that Act and at a time when he was aged 16 or over, and |
| (c) | the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence)." |
(3) After subsection (4) there is inserted—
"(5) Where subsection (2) of section 51A of the Firearms Act 1968 requires the imposition of a sentence of detention under this section for a term of at least the required minimum term (within the meaning of that section), the court shall sentence the offender to be detained for such period, of at least that term but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.".'.
Power to sentence young offender to detention in respect of certain firearms offences: Scotland
Mr Secretary Blunkett
NC49
To move the following Clause:—
'(1) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows.
(2) In section 49(3) (children's hearing for purpose of obtaining advice as to treatment of child), at the end there is added "except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A of the Firearms Act 1968 it shall itself dispose of the case".
(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—
"(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A of the Firearms Act 1968.".'.
Power by order to exclude application of minimum sentence to those under 18
Mr Secretary Blunkett
NC50
To move the following Clause:—
'(1) The Secretary of State may by order—
| (a) | amend section 51A(1)(b) of the Firearms Act 1968 (c.27) by substituting for the word "16" the word "18", |
| (b) | repeal section 91(1A)(c) and (5) of the Sentencing Act, |
| (c) | amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 (c.46) by repealing the exception to that subsection, |
| (d) | repeal section 208(2) of that Act, and |
| (e) | make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d). |
(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.'.
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