Vote Bundle Text (930520-13)

Amendments proposed to the Criminal Justice Bill, As Amended - continued	House of Commons

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Mr Secretary Blunkett

434

Page 156, line 22 [Clause 279], at end insert—

Minimum sentence for certain firearms offences

Certain firearms offences to be triable only on indictment

Power by order to exclude application of minimum sentence to those under 18

Increase in penalty for offences relating to importation or exportation of certain firearms

Mr Secretary Blunkett

258

Page 156 [Clause 279], leave out lines 24 and 25.

Mr Secretary Blunkett

435

Page 156, line 28 [Clause 279], at end insert—

'(3A) Section (Power to sentence young offender to detention in respect of certain firearms offences: Scotland) extends to Scotland only.'

Mr Secretary Blunkett

473

Page 156, line 31 [Clause 279], at end insert—

'sections 63 to 69;sections 72 to 81 and (Application of Part 10 to Northern Ireland);Schedule 4.'.

Mr Secretary Blunkett

422

Page 156, line 31 [Clause 279], at end insert—

'(4A) Section (Armed forces: Part 10) has the same extent as section 31 of the Armed Forces Act 2001 (c.19).'.

Mr Secretary Blunkett

457

Page 156, line 31 [Clause 279], at end insert—

'(4A) Section 276(3A) extends to Northern Ireland only.'

Mr Secretary Blunkett

227

Page 156, line 37 [Clause 279], at end insert—

'(6A) Nothing in subsection (1) affects the extent of the provisions mentioned in subsection (6B) so far as relating to sentences passed by a court-martial.

(6B) Those provisions are—

(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.".'

As an Amendment to Mr Secretary Blunkett's proposed New Clause (NC45) (Limit on period of detention without charge of suspected terrorists):

Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell

(a)

Line 19, leave out 'fourteen' and insert 'ten'.

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—

(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.

(5) This section does not preclude an officer being guilty of murder or manslaughter.'.