S.C.D.
Amendment Paper as at
Thursday 10th July 2003
STANDING COMMITTEE D
New Amendments handed in are marked thus *
COURTS BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [26th June 2003].
Christopher Leslie
149
Clause 36, page 17, line 12, after '2(1)' insert 'or provided under a contract made by virtue of section 2(4)'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
47
Clause 36, page 17, line 12, leave out 'and'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
48
Clause 36, page 17, line 13, at end insert 'and
| (c) | provided with training as a fines officer by the Lord Chancellor.'. |
Christopher Leslie
150
Clause 36, page 17, line 14, leave out subsections (2) to (8).
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
49
Clause 36, page 17, line 34, leave out subsection (8).
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
50
Clause 36, page 17, line 39, at end insert—
'(9) The Lord Chancellor may by order make fines collections regulations.
(10) No order may be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
51
Schedule 3, page 66, line 28, at end insert—
'( ) For the avoidance of doubt, where this Schedule applies, the court may reserve to itself any case which shall not then be subject to enforcement through the fines collection scheme.'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
52
Schedule 3, page 66, line 35, at end insert—
'( ) After a collection order has been made the court may require the fines officer identified in it under the provisions of sub-paragraph (2)(a) to report back to the court at any time required by the court which has made the collection order.'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
53
Schedule 3, page 69, line 8, leave out from 'determined' to end of line 9 and insert 'by the court at the time of setting the initial terms of the collection order.'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
54
Schedule 3, page 69, line 10, leave out sub-paragraph (4).
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
55
Schedule 3, page 70, line 38, at end insert—
'(2A) For the avoidance of doubt any action taken to enforce a clamping order shall not be licensable conduct for the purposes of the Private Security Industry Act 2001 (c 12).'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
56
Schedule 3, page 70, line 39, after 'except', insert 'by a court and'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
57
Schedule 3, page 73, line 22, at end insert ', and
| ( ) | has been notified to the court which imposed the fine.'. |
Christopher Leslie
154
Page 66, line 1, leave out Schedule 3.
Christopher Leslie
151
Clause 95, page 46, line 42, at end insert—
'( ) Amend section 20A of the Criminal Justice Act 1991 (c.53) (false statements as to financial circumstances) as follows.
( ) After subsection (1) insert—
"(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale."
( ) In subsection (2)(b), after "may impose", insert "and how it should be paid".'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
159
*Clause 96, page 48, line 10, at end insert—
'(9) The Lord Chancellor shall indemnify all High Sheriffs against any and all damages and costs arising from any litigation which may be brought against them which may result from the application of section 97(2).'.
Christopher Leslie
156
Clause 105, page 57, leave out lines 19 and 20.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
136
Clause 105, page 57, line 41, at end insert—
'(10) In this Act "legal executive" means a Fellow of the Institute of Legal Executives.'.
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
101
Clause 106, page 58, line 4, after '(3)', insert 'or under section 93 (award of costs against third parties)'.
Christopher Leslie
152
Clause 106, page 58, line 11, leave out paragraph (c).
Christopher Leslie
153
Clause 106, page 58, line 18, at end insert—
| '( ) | an order under section (Collection of fines and discharge of fines by unpaid work)(7) to (9) (power to make permanent provision about collection of fines and discharge of fines by unpaid work);'. |
NEW CLAUSES
Recovery of fines etc. by deductions from income support: failure to provide information
Christopher Leslie
NC3
To move the following Clause:—
'(1) Amend section 24 of the Criminal Justice Act 1991 (c.53) (power to make regulations about recovery of fines etc. by deductions from income support) as follows.
(2) In subsection (2), after paragraph (a) insert—
| "(aa) | provision that the court may require the offender to provide prescribed information in connection with an application;". |
(3) After subsection (2) insert—
Collection of fines and discharge of fines by unpaid work
Christopher Leslie
NC4
To move the following Clause:—
'(1) Schedule (Collection of fines) contains provisions about the collection of fines.
(2) Schedule (Discharge of fines by unpaid work) contains provisions about the discharge of fines by means of unpaid work.
(3) Subsections (4) to (9) apply in relation to each of those Schedules.
(4) The Schedule is to have effect only in accordance with—
| (a) | subsections (5) and (6) (pilot schemes), or |
| (b) | subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots). |
(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to a local justice area, or particular local justice areas, for the period specified in the order.
(6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.
(7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—
| (a) | in all local justice areas, and |
(8) "The relevant period" means—
| (a) | if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order; |
| (b) | if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date. |
(9) An order under subsection (7) may make such amendments of—
| (b) | any other enactments, |
as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).'.
Interpretation of sections 52 and 53
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
NC1
To move the following Clause:—
'In sections 52 and 53 the term "any person" does not include judges, barristers, solicitors and justices of the peace who are present in, or seeking to enter, a court building for the purposes of their duties.'.
Court of Appeal: Attorney General's power to refer unduly lenient sentences
Mr William Cash
Mr Nick Hawkins
Angela Watkinson
NC2
To move the following Clause:—
'In section 35(3) of the Criminal Justice Act 1988 (c. 33) (scope of Part IV) after paragraph (b)(ii) there is inserted—
| (iii) | for an offence under section 9 of the Theft Act 1968 (c. 60) (burglary).".'. |
