|
|
|
|
|
126 | |
|
127 | |
|
128 | |
|
129 | |
|
130 | |
|
131 | |
|
132 | |
|
133 | Page 70, line 34, leave out from “not” to “or” in line 35 and insert “obtained |
|
| pursuant to a request under section 7 of the Crime (International Co-operation) Act |
|
| |
|
134 | Leave out Clause 114 and insert the following new Clause— |
|
| “Additional requirement for admissibility of multiple hearsay |
|
| (1) | A hearsay statement is not admissible to prove the fact that an earlier |
|
| hearsay statement was made unless— |
|
| (a) | either of the statements is admissible under section 110, 112 or 113, |
|
| (b) | all parties to the proceedings so agree, or |
|
| (c) | the court is satisfied that the value of the evidence in question, |
|
| taking into account how reliable the statements appear to be, is so |
|
| high that the interests of justice require the later statement to be |
|
| admissible for that purpose. |
|
| (2) | In this section “hearsay statement” means a statement, not made in oral |
|
| evidence, that is relied on as evidence of a matter stated in it.” |
|
|
135 | Page 79, line 11, at end insert— |
|
|
|
|
|
| “( ) | all the parties to the retrial agree otherwise;” |
|
|
136 | Page 81, line 17, leave out subsection (2) |
|
|
137 | Insert the following new Clause— |
|
| | “Increase in sentence for offence aggravated by reference to disability or |
|
| |
| (1) | This section applies where the court is considering the seriousness of an |
|
| offence committed in any of the circumstances mentioned in subsection (2). |
|
| (2) | Those circumstances are— |
|
| (a) | that, at the time of committing the offence, or immediately before or |
|
| after doing so, the offender demonstrated towards the victim of the |
|
| offence hostility based on— |
|
| (i) | the sexual orientation (or presumed sexual orientation) of |
|
| |
| (ii) | a disability (or presumed disability) of the victim, or |
|
| (b) | that the offence is motivated (wholly or partly)— |
|
| (i) | by hostility towards persons who are of a particular sexual |
|
| |
| (ii) | by hostility towards persons who have a disability or a |
|
| |
| |
| (a) | must treat the fact that the offence was committed in any of those |
|
| circumstances as an aggravating factor, and |
|
| (b) | must state in open court that the offence was committed in such |
|
| |
| (4) | It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) |
|
| whether or not the offender’s hostility is also based, to any extent, on any |
|
| other factor not mentioned in that paragraph. |
|
| (5) | In this section “disability” means any physical or mental impairment.” |
|
|
138 | Page 89, line 3, at end insert— |
|
| “(8) | This section shall not come into effect before the national roll-out of the |
|
| “custody plus order” under sections 174 and 175.” |
|
|
139 | Page 89, line 10, at end insert— |
|
|
|
|
|
| “(5) | This section shall not come into effect before the national roll-out of the |
|
| “custody plus order” under sections 174 and 175.” |
|
|
140 | |
|
141 | Page 89, line 40, leave out from “18” to first “the” in line 1 on page 90 |
|
142 | Page 90, line 20, leave out from “18” to first “the” in line 22 |
|
|
143 | Page 91, leave out line 28 and insert— |
|
| “( ) | to the offender or his counsel or solicitor, |
|
| ( ) | if the offender is aged under 18, to any parent or guardian of his |
|
| who is present in court, and” |
|
144 | Page 91, line 31, leave out subsection (3) and insert— |
|
| “(3) | If the offender is aged under 18 and it appears to the court that the |
|
| disclosure to the offender or to any parent or guardian of his of any |
|
| information contained in the report would be likely to create a risk of |
|
| significant harm to the offender, a complete copy of the report need not be |
|
| given to the offender or, as the case may be, to that parent or guardian.” |
|
145 | Page 91, line 41, at end insert— |
|
| “( ) | In relation to an offender aged under 18 for whom a local authority have |
|
| parental responsibility and who— |
|
| |
| (b) | is provided with accommodation by them in the exercise of any |
|
| social services functions, |
|
| | references in this section to his parent or guardian are to be read as |
|
| references to that authority. |
|
| ( ) | In this section and section 153— |
|
| | “harm” has the same meaning as in section 31 of the Children Act 1989 |
|
| |
| | “local authority” and “parental responsibility” have the same |
|
| |
| | “social services functions”, in relation to a local authority, has the |
|
| meaning given by section 1A of the Local Authority Social Services |
|
| |
|
146 | Page 92, line 9, leave out “to the offender or his counsel or solicitor” and insert— |
|
| “( ) | to the offender or his counsel or solicitor, and |
|
| ( ) | if the offender is aged under 18, to any parent or guardian of his |
|
| who is present in court.” |
|
147 | Page 92, line 11, leave out subsection (3) and insert— |
|
|
|
|
|
| “(3) | If the offender is aged under 18 and it appears to the court that the |
|
| disclosure to the offender or to any parent or guardian of his of any |
|
| information contained in the report would be likely to create a risk of |
|
| significant harm to the offender, a complete copy of the report need not be |
|
| given to the offender, or as the case may be, to that parent or guardian. |
|
| (4) | In relation to an offender aged under 18 for whom a local authority have |
|
| parental responsibility and who— |
|
| |
| (b) | is provided with accommodation by them in the exercise of any |
|
| social services functions, |
|
| | references in this section to his parent or guardian are to be read as |
|
| references to that authority.” |
|
|
148 | Page 92, line 17, after “sentence” insert “or a suspended sentence” |
|
|
149 | Page 93, line 24, leave out from “to” to end of line 25 and insert “a fine not |
|
| exceeding level 4 on the standard scale” |
|
|
150 | Page 95, line 24, after “with” insert “such” |
|
|
151 | Page 95, line 37, leave out “five” and insert “four” |
|
152 | Page 96, line 8, at end insert “and” |
|
153 | Page 96, line 9, leave out from “crime” to end of line 10 |
|
154 | Page 96, line 11, leave out subsection (5) and insert— |
|
| “(5) | The persons eligible for appointment as a non-judicial member by virtue of |
|
| experience of criminal prosecution include the Director of Public |
|
| |
155 | Page 96, line 19, at end insert— |
|
| “(8A) | The Secretary of State may appoint a person appearing to him to have |
|
| experience of sentencing policy and the administration of sentences to |
|
| attend and speak at any meeting of the Council.” |
|
|
156 | Page 106, line 11, leave out subsection (3) |
|
157 | Page 106, leave out lines 17 to 21 and insert— |
|
| “(4A) | For the purposes of this section a person shall also be deemed to be |
|
| unlawfully at large if, having been temporarily released in pursuance of an |
|
| intermittent custody order made under section 176 of the Criminal Justice |
|
| Act 2003, he remains at large at a time when, by reason of the expiry of the |
|
|
|
|
|
| period for which he was temporarily released, he is liable to be detained in |
|
| pursuance of his sentence.” |
|
158 | Page 106, line 21, at end insert— |
|
| “( ) | In section 23 of the Criminal Justice Act 1961 (c. 39) (prison rules), in |
|
| subsection (3) for “The days” there is substituted “Subject to subsection |
|
| (3A), the days” and after subsection (3) there is inserted— |
|
| “(3A) | In relation to a prisoner to whom an intermittent custody order |
|
| under section 176 of the Criminal Justice Act 2003 relates, the only |
|
| days to which subsection (3) applies are Christmas Day, Good |
|
| Friday and any day which under the Banking and Financial |
|
| Dealings Act 1971 is a bank holiday in England and Wales.”” |
|
|
159 | Insert the following new Clause— |
|
| | “Transfer of custody plus orders and intermittent custody orders to |
|
| Scotland or Northern Ireland |
|
| Schedule (Transfer of custody plus orders and intermittent custody orders to |
|
| Scotland or Northern Ireland) (transfer of custody plus orders and |
|
| intermittent custody orders to Scotland or Northern Ireland) shall have |
|
| |
|
160 | Insert the following new Clause— |
|
| | “Transfer of suspended sentence orders to Scotland or Northern Ireland |
|
| Schedule (Transfer of suspended sentence orders to Scotland or Northern Ireland) |
|
| (transfer of suspended sentence orders to Scotland or Northern Ireland) |
|
| |
|
161 | Page 114, leave out line 22 |
|
|
162 | Page 116, line 33, leave out “relevant” and insert “community order or suspended |
|
| |
|
163 | Page 120, line 21, leave out from “which” to end of line 22 and insert “he could have |
|
| been dealt with for that offence by the court which made the order if the order had |
|
| |
|
164 | Page 121, line 12, leave out “relevant” and insert “community order or suspended |
|
| |
|