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Session 2002 - 03
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(  31  )

 

Clause 101

126

Leave out Clause 101

Clause 102

127

Leave out Clause 102

Clause 103

128

Leave out Clause 103

Clause 104

129

Leave out Clause 104

Clause 105

130

Leave out Clause 105

Clause 106

131

Leave out Clause 106

Clause 107

132

Leave out Clause 107

Clause 110

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

 

2003”

Clause 114

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.”

Clause 124

135

Page 79, line 11, at end insert—


 

(  32  )

 
 

“( )   

all the parties to the retrial agree otherwise;”

Clause 129

136

Page 81, line 17, leave out subsection (2)

After Clause 138

137

Insert the following new Clause—

 

        

“Increase in sentence for offence aggravated by reference to disability or

 

sexual orientation

 

(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

 

the victim, or

 

(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

 

orientation, or

 

(ii)   

by hostility towards persons who have a disability or a

 

particular disability.

 

(3)   

The court—

 

(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

 

circumstances.

 

(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.”

Clause 146

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.”

Clause 147

139

Page 89, line 10, at end insert—


 

(  33  )

 
 

“(5)   

This section shall not come into effect before the national roll-out of the

 

“custody plus order” under sections 174 and 175.”

Clause 148

140

Leave out Clause 148

Clause 149

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

Clause 152

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—

 

(a)   

is in their care, or

 

(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

 

(c. 41);

 

   

“local authority” and “parental responsibility” have the same

 

meanings as in that Act;

 

   

“social services functions”, in relation to a local authority, has the

 

meaning given by section 1A of the Local Authority Social Services

 

Act 1970 (c. 42).”

Clause 153

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—


 

(  34  )

 
 

“(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—

 

(a)   

is in their care, or

 

(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.”

Clause 154

148

Page 92, line 17, after “sentence” insert “or a suspended sentence”

Clause 155

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”

Clause 159

150

Page 95, line 24, after “with” insert “such”

Clause 160

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

 

Prosecutions.”

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.”

Clause 179

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


 

(  35  )

 
 

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.””

After Clause 180

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

 

effect.”

After Clause 185

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)

 

shall have effect.”

Clause 192

161

Page 114, leave out line 22

Clause 198

162

Page 116, line 33, leave out “relevant” and insert “community order or suspended

 

sentence”

Clause 202

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

 

not been made”

Clause 203

164

Page 121, line 12, leave out “relevant” and insert “community order or suspended

 

sentence”


 
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Revised 18 November 2003