| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
| back to previous text | |
|
Mr Graham Allen 175 Page 87, line 31 [Clause 152], at end insert 'which shall include as Deputy Chairman the Secretary of State for the Home Department, or a person whom he nominates in his stead, and the chairman of the appropriate committee of the House of Commons, or a person whom he nominates in his stead, who, together with the Lord Chief Justice, shall comprise the Executive Committee of the Council.'.
Mr Graham Allen 476 Page 87, line 31 [Clause 152], at end insert—'(1A) From the date when this section of the Criminal Justice Act 2003 comes into force, the Sentencing Guidelines Council shall determine all guidelines for sentencing and neither the Secretary of State nor the Lord Chief Justice may publish sentencing guidelines without the consent of the Sentencing Guidelines Council.'.
Mr Graham Allen 176 Page 87, line 34 [Clause 152], at end insert 'and the chairman of the appropriate committee of the House of Commons.'.
Mr Graham Allen 177 Page 87, line 35 [Clause 152], leave out subsection (4) and insert—'(4) The other members of the Council shall include at least one of each of the following—
Mr Secretary Blunkett 198 Page 87, line 41 [Clause 152], leave out subsections (5) to (8) and insert—'(4A) The judicial members must include a Circuit judge, a District Judge (Magistrates' Courts) and a lay justice. (4B) A person is eligible for appointment as a non-judicial member if he appears to the Secretary of State to have experience in one or more of the following areas—
(4D) The non-judicial members must include at least one person appearing to the Secretary of State to have experience in each area. (4E) The Lord Chief Justice must appoint one of the judicial members or non-judicial members to be deputy chairman of the Council. (4F) In relation to any meeting of the Council from which the Lord Chief Justice is to be absent, he may nominate any person eligible for appointment as a judicial member to act as a member on his behalf at the meeting. (4G) In this section and section (Sentencing Guidelines Council: supplementary provisions) "lay justice" means a justice of the peace who is not a District Judge (Magistrates' Courts).' As Amendments to Mr Secretary Blunkett's proposed Amendment (No. 198) (Page 87, line 41 [Clause 152]):
Mr Douglas Hogg (a) Line 1, after 'include', insert 'a judge of the High Court,'.
Mr Douglas Hogg (b) Line 14, after 'person', insert '(but in respect of the non-judicial member appointed pursuant to paragraph (d) of section (4B) above not more than one)'.
Mr Graham Allen 178 Page 87, line 41 [Clause 152], leave out subsection (5).
Mr Secretary Blunkett 199 Page 88, line 21 [Clause 153], after 'remuneration' insert 'or expenses'.
Mr Graham Allen 181 Page 88, line 31 [Clause 154], at end insert—'(1A) The Sentencing Guidelines Council shall issue a list of Standard Band sentences for offences in particular categories requested by the Home Secretary or Lord Chief Justice, which shall be available to the public in the Annual Report of the Council and in whatever other formats are agreed by the Council. (1B) The Standard Band sentence shall be applied in the context of guidelines issued by the Council and with full judicial discretion which, where exercised, shall be explained in writing.'.
Mr Graham Allen 179 Page 88, line 32 [Clause 154], leave out from 'State' to '(a)' in line 33 and insert ', Lord Chancellor or the chairman of the appropriate committee of the House of Commons must first propose to the Sentencing Advisory Panel that it prepares a report and recommendation prior to any consideration by the Council of any proposal—'.
Mr Graham Allen 183 Page 89, line 11 [Clause 154], leave out 'and'.
Mr Graham Allen 184 Page 89, line 13 [Clause 154], at end insert 'and—
Mr Graham Allen 180 Page 89, line 28 [Clause 154], at end insert—
Mr Graham Allen 173 Page 89, line 31 [Clause 154], at end insert—'(8A) When all appropriate consultations have been made, the judicial element of the Council will retire and deliberate over the preparation or revision of sentencing guidelines or allocation guidelines.'.
Mr Oliver Letwin 25 Page 89, line 33, [Clause 154], leave out 'as definitive guidelines.'.
Mr Graham Allen 182 Page 89, line 33 [Clause 154], after 'appropriate', insert 'and if the Lord Chief Justice so consents,'.
Mr Oliver Letwin 26 Page 89, line 33, [Clause 154], at end insert—'(10) The guidelines shall be laid before each House of Parliament and examined by the appropriate committee of the House, which shall report thereon if it thinks fit. (11) The guidelines shall come into force only after approval by both Houses of Parliament.'.
Mr Graham Allen 185 Page 89, line 37 [Clause 155], at end insert 'and receive a report and recommendation before consideration begins.'.
Mr Graham Allen 186 Page 90, line 8 [Clause 155], at end insert—'(5) In carrying out its functions the Panel shall have regard to the purposes of sentencing set out in section 127 of this Act.'.
Mr Graham Allen 187 Page 90, line 10 [Clause 156], after '(1)', insert 'Judges shall have discretion in the determination of all sentences. However,'.
Mr Secretary Blunkett 200 Page 90, line 23 [Clause 157], leave out 'the Council is first constituted' and insert 'section 152 comes into force'.
Mr Secretary Blunkett 201 Page 90, line 24 [Clause 157], leave out 'the Council is first constituted' and insert 'that section comes into force'.
Mr Graham Allen 188 Page 90, line 27 [Clause 157], at end add 'and produce a version, in ordinary language, available to the public, free, upon request.'.
Mr Secretary Blunkett 223 Page 91, line 26 [Clause 158], after 'law' insert '(provision relating to sentencing for such an offence being made by section (Duty to give reasons))'.
Mr Secretary Blunkett 430 Page 91, line 27 [Clause 158], after 'imposed' insert 'under section 51A(2) of the Firearms Act 1968 (c.27) or'.
Mr Secretary Blunkett 262 Page 205, line 20 [Schedule 7], leave out '(2)' and insert '(2)(b)'.
Mr Secretary Blunkett 263 Page 207, line 43 [Schedule 8], leave out sub-paragraph (3) and insert—
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
