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Mr David Heath
Mr Simon Hughes
57
*Page 61, line 7 [Schedule 1], after 'board', insert ', except the courts board for London,'.
Mr David Heath
Mr Simon Hughes
58
*Page 61, line 18 [Schedule 1], at end insert—
'2A The courts board for London must have—
| (a) | at least three members who are judges, |
| (b) | at least six members who are lay justices, each of whom is assigned to a local justice area the whole or part of which is included in the board's area, |
| (c) | at least six other members who are persons appearing to the Lord Chancellor to have appropriate knowledge or experience of the work of the courts in the area for which the board acts, and |
| (d) | at least six more members who are persons appearing to the Lord Chancellor to be representative of people living in the area, |
and may have other such members of a description mentioned in sub-paragraphs (a) to (d) as the Lord Chancellor considers appropriate.'.
Mr David Heath
Mr Simon Hughes
59
*Page 62, line 10 [Schedule 1], at end insert—
| '(c) | the establishment of consultation arrangements with local authorities in the area for which the board acts.'. |
Mr Christopher Leslie
41
Page 73, line 11 [Schedule 5], leave out 'a pecuniary penalty,' and insert 'any'.
Mr Christopher Leslie
42
Page 76, line 17 [Schedule 5], leave out paragraph (d) and insert—
'(d) specify the fines office to which the order is allocated, and'.
Mr Christopher Leslie
43
Page 76, line 22 [Schedule 5], leave out from 'means' to end of line 24 and insert 'any fines officer working at the fines office specified in the collection order'.
Mr Christopher Leslie
11
Page 88, line 19 [Schedule 6], leave out paragraph (a).
Mr Christopher Leslie
12
Page 88, [Schedule 6], leave out lines 23 and 24.
Mr Christopher Leslie
13
Page 88, line 35 [Schedule 6], after 'compensation', insert ', any pecuniary forfeiture'.
Mr Christopher Leslie
14
Page 89, line 15 [Schedule 6], at end insert—
| '(2) | A court which is considering the making of a work order may issue a summons requiring P to appear before the court.' |
Mr Christopher Leslie
15
Page 89, line 15 [Schedule 6], at end insert—
| '(3) | A magistrates' court which is considering the making of a work order may order P to give to the court, within a specified period, such a statement of his means as the court may require. |
| (4) | Subsections (2) to (4) of section 84 of the 1980 Act (offences in respect of statement of means) apply to an order made under sub-paragraph (3) as they apply to an order made under subsection (1) of that section.' |
Mr Christopher Leslie
16
Page 89, line 22 [Schedule 6], leave out from 'sum' to end of line 23.
Mr Christopher Leslie
17
Page 89, line 24 [Schedule 6], leave out paragraph (b) and insert—
'(b) specify a fines office to which the order is allocated, and'.
Mr Christopher Leslie
18
Page 89, line 33 [Schedule 6], leave out 'by' and insert 'not later than'.
Mr Christopher Leslie
19
Page 89, line 36 [Schedule 6], leave out from 'means' to end of line 38 and insert 'any fines officer working at the fines office specified in the work order'.
Mr Christopher Leslie
20
Page 90, line 17 [Schedule 6], leave out 'before' and insert 'not later than'.
Mr Christopher Leslie
21
Page 90, line 31 [Schedule 6], leave out 'magistrates' court' and insert 'relevant court'.
Mr Christopher Leslie
22
Page 90, line 34 [Schedule 6], leave out 'magistrates' court' and insert 'relevant court'.
Mr Christopher Leslie
23
Page 90, line 40 [Schedule 6], at end insert—
| '(2A) | The relevant court may of its own motion revoke a work order if it appears to the court that, because of a change in circumstances since the order was made, P is unlikely to be able to comply with the order.' |
Mr Christopher Leslie
24
Page 90, line 41 [Schedule 6], leave out sub-paragraph (3).
Mr Christopher Leslie
25
Page 91, line 1 [Schedule 6], leave out 'sub-paragraph (1) or (2)' and insert 'any of sub-paragraphs (1) to (2A)'.
Mr Christopher Leslie
26
Page 91, line 5 [Schedule 6], leave out 'magistrates''.
Mr Christopher Leslie
27
Page 91, line 8 [Schedule 6], leave out 'magistrates''.
Mr Christopher Leslie
28
Page 91, line 9 [Schedule 6], leave out 'or (2)' and insert ', (2) or (2A)'.
Mr Christopher Leslie
29
Page 91, line 17 [Schedule 6], leave out 'or (2)' and insert ', (2) or (2A)'.
Mr Christopher Leslie
30
Page 91, line 28 [Schedule 6], leave out 'magistrates''.
Mr Christopher Leslie
31
Page 91, line 30 [Schedule 6], leave out 'a justice of the peace' and insert 'the court'.
Mr Christopher Leslie
32
Page 91, line 34 [Schedule 6], leave out 'justice' and insert 'court'.
Mr Christopher Leslie
33
Page 92 [Schedule 6], leave out lines 3 to 22.
Mr Christopher Leslie
34
Page 127, line 22 [Schedule 8], leave out from beginning to second 'for' in line 23 and insert—
| '220 | (1) | Amend section 82 (restriction on power to impose imprisonment for default) as follows. |
| (2) | After subsection (4A) insert— |
"(4B) The cases in which the offender's default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—
| (a) | he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fine by unpaid work), or |
| (b) | he has without reasonable excuse failed to comply with such an order." |
| (3) | In subsection (5A),'. |
Mr Christopher Leslie
35
Page 127, line 26 [Schedule 8], at end insert—
| '221A | (1) | Amend section 85 (power to remit fine) as follows. |
| (2) | After subsection (2A) insert— |
"(2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fine by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order".
| (3) | In subsection (3), leave out "or (2A)" and insert ", (2A) or (2B)".' |
Mr Christopher Leslie
44
Page 145, line 16 [Schedule 8], at end insert—
| '371A | (1) | Amend Schedule 2 (police authorities established under section 3) as follows. |
| (2) | In paragraph 1(1)(c) and (2)(c), for "magistrates" substitute "lay justices". |
| (3) | For paragraphs 7 and 8 substitute— |
| | "7 | The members of a police authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the authority's area. |
| | 8 | They shall be appointed— |
(a) by the members of the police authority appointed under paragraph 2 or 5,
(b) from among persons on a short-list prepared in accordance with Schedule 3A."
(a) in paragraph (b) for "magistrate" substitute "lay justice", and
(b) in paragraph (c) after "Schedule 3" insert "or 3A".
| (5) | For paragraph 18(2) substitute— |
| "(2) | A lay justice appointed to be a member of a police authority under paragraph 8 shall cease to be a member of the authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority's area." |
(a) in paragraph (a), omit "or 8", and
(b) in paragraph (b), after "5" insert "or 8".
| (7) | For paragraph 27 substitute— |
| | "27 | In this Schedule, "lay justice" has the meaning given by section 9 of the Courts Act 2003." |
| 371B | (1) | Amend Schedule 2A (the Metropolitan Police Authority) as follows. |
| (2) | In paragraph 1(1)(c) and (2)(c), for "magistrates" substitute "lay justices". |
| (3) | For paragraph 5 substitute— |
| "5 | (1) | The members of the Metropolitan Police Authority referred to in paragraph 1(1)(c) or (2)(c) must be lay justices each of whom is assigned to a local justice area wholly or partly within the metropolitan police district. |
| (2) | They shall be appointed— |
(a) by the members of the Metropolitan Police Authority appointed under paragraph 2 or 3,
(b) from among persons on a short-list prepared in accordance with Schedule 3A."
| (4) | In paragraph 9(1)(d) for "magistrate for a commission area" substitute "lay justice assigned to a local justice area". |
| (5) | For paragraph 13(3) substitute— |
| "(3) | A lay justice appointed to be a member of the Metropolitan Police Authority under paragraph 5 shall cease to be a member of the Authority if he ceases to be a lay justice assigned to a local justice area wholly or partly within the metropolitan police district." |
(a) in paragraph (a), omit "or 5", and
(b) in paragraph (b), after "3" insert "or 5".
| (7) | For paragraph 22 substitute— |
| | "22 | In this Schedule, "lay justice" has the meaning given by section 9 of the Courts Act 2003." |
| 371C | (1) | Amend Schedule 3 (police authorities: selection of independent members) as follows. |
| (2) | In paragraph 1(1), after paragraph (b) insert— |
"for the purposes of paragraph 5 of Schedule 2 and paragraph 3(3) of Schedule 2A."
| (3) | After paragraph 1(4) insert— |
"(5) In this Schedule "selection panel" means a selection panel established under this Schedule."
| 371D | | After Schedule 3 insert— |
"SCHEDULE 3A
police authorities: selection of lay justice members
Lay justice selection panels
| 1 | (1) | There shall be a selection panel— |
(a) for each police area for the time being listed in Schedule 1, and
(b) for the police area constituted by the metropolitan police district,
for the purposes of paragraph 8 of Schedule 2 and paragraph 5 of Schedule 2A.
| (2) | Each selection panel shall consist of three members, one of whom shall be appointed by each of the following— |
(a) the designated members of the police authority for the area;
(b) the Secretary of State;
(c) the two members of the panel appointed by virtue of paragraphs (a) and (b).
| (3) | A designated member may be appointed as a member of a selection panel by virtue of paragraph (a) (but not paragraph (b) or (c)) of sub-paragraph (2). |
| (4) | In this Schedule, "designated member" means a member appointed under paragraph 2 or 5 of Schedule 2 or paragraph 2 or 3 of Schedule 2A. |
| (5) | Subject to paragaph 3, in this Schedule "selection panel" means a selection panel established under this Schedule. |
| 2 | | A person shall be disqualified for being appointed as or being a member of a selection panel if, by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A he is disqualified— |
(a) for being appointed under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A as a member of the police authority for the panel's area, or
(b) for being a member so appointed.
| 3 | | Paragraphs 3 to 7 of Schedule 3 apply in relation to selection panels established under this Schedule as they apply in relation to selection panels established under that Schedule. |
Functions of lay justice selection panels
| 4 | (1) | Where appointments of lay justices to a police authority are to be made under paragraph 8 of Schedule 2 or paragraph 5 of Schedule 2A, the selection panel for the authority's area shall prepare a short-list of candidates and send it to the police authority concerned. |
| (2) | Unless the selection panel are able to identify only a smaller number of suitable candidates, the number of candidates on the short-list shall be twice the number of appointments to be made. |
| (3) | A lay justice shall not be included on a short-list in relation to an authority if he is disqualified for being appointed as a member of that authority by virtue of paragraph 11 of Schedule 2 or paragraph 7 of Schedule 2A. |
| 5 | (1) | The Secretary of State may make regulations as to— |
(a) the procedures to be followed in relation to the selection of lay justices for inclusion on a short-list under paragraph 2, and
(b) the conduct of the proceedings of selection panels under this Schedule.
| (2) | Regulations under this paragraph may in particular— |
(a) make provision (including provision imposing time limits) as to the procedures to be adopted when inviting applications for inclusion on a short-list under paragraph 4 and for dealing with applications received, and
(b) provide for decisions of a selection panel under this Schedule to be taken by a majority of the members.
| (3) | Regulations under this paragraph may make different provision for different cases and circumstances. |
| (4) | A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
Procedure if too few candidates short-listed
| 6 | (1) | This paragraph applies where the number of persons on the lay justice selection panel's short-list is less than twice the number of appointments to be made. |
| (2) | The designated members may add to the short-list such number of candidates as, when added to the number short-listed by the selection panel, equals twice the number of appointments to be made.".'. |
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