(43-49)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  43  )
211
Page 152, leave out lines 4 to 8 and insert “12 months”
Clause 268
212
Page 152, leave out lines 32 to 36 and insert “to 12 months”
Clause 270
213
Page 153, line 23, at end insert—

“(4A)
Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order

1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is

amended in accordance with subsections (4B) and (4C).

(4B)
In the entry relating to Article 9 of the Road Traffic (Northern Ireland)

Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily

injury by dangerous driving), in column 4, for “10 years” there is

substituted “14 years”.

(4C)
In the entry relating to Article 14 of that Order (causing death or grievous

bodily injury by careless driving when under the influence of drink or

drugs), in column 4, for “10 years” there is substituted “14 years”.”
After Clause 270
214
Insert the following new Clause—

“Increase in penalties for offences under section 174 of the Road Traffic Act 1988

(1)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)

(prosecution and punishment of offences), in the entry relating to section

174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding

material information), for columns (3) and (4) there is substituted—

"(a)
Summarily
(a)
6 months

or the

statutory

maximum

or both

(b)
On
(b)
2 years or a

indictment
fine or

both.”

(2)
Section 267(4) (increase in maximum term that may be imposed on

summary conviction of offence triable either way) has effect in relation to

the entry amended by subsection (1) as it has effect in relation to any other

enactment contained in an Act passed before this Act.

(3)
This section does not apply in relation to any offence committed before the

commencement of this section.”
Clause 271
215
Page 153, line 34, after “(ae)” insert “, (af)”

(  44  )

Clause 272
216
Page 155, line 4, column 1, after “(ae)” insert “, (af)”
Clause 273
217
Page 155, line 36, after “(ae)” insert “, (af)”
After Clause 275
218
Insert the following new Clause—


“Sentencing for firearms offences in Northern Ireland

Schedule (Sentencing for firearms offences in Northern Ireland) (which contains

amendments of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/

155 (N.I. 2)) relating to sentencing) shall have effect.”
Clause 276
219
Page 156, line 40, leave out from “of” to “prohibition” in line 4 on page 157 and

insert—

“(a)
an offence under subsection (2) or (3) above committed in Great

Britain in connection with a prohibition or restriction on the

importation of any weapon or ammunition that is of a kind

mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or

(1A)(a) of the Firearms Act 1968,

(aa)
any such offence committed in Northern Ireland in connection with

a prohibition or restriction on the importation of any weapon or

ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac),

(ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order

1981, or

(b)
any such offence committed in connection with the”
220
Page 157, line 10, leave out from “of” to “prohibition” in line 15 and insert—

“(a)
an offence under subsection (2) or (3) above committed in Great

Britain in connection with a prohibition or restriction on the

exportation of any weapon or ammunition that is of a kind

mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or

(1A)(a) of the Firearms Act 1968,

(aa)
any such offence committed in Northern Ireland in connection with

a prohibition or restriction on the exportation of any weapon or

ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac),

(ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order

1981, or

(b)
any such offence committed in connection with the”
221
Page 157, line 21, leave out from “of” to “prohibitions” in line 25 and insert—

“(a)
an offence under subsection (2) or (3) above committed in Great

Britain in connection with a prohibition or restriction on the

importation or exportation of any weapon or ammunition that is of

a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or

(c) or (1A)(a) of the Firearms Act 1968,

(aa)
any such offence committed in Northern Ireland in connection with

a prohibition or restriction on the importation or exportation of any

(  45  )

weapon or ammunition that is of a kind mentioned in Article

6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms

(Northern Ireland) Order 1981, or

(b)
any such offence committed in connection with the”
After Clause 276
222
Insert the following new Clause—

“Duration of directions under Mental Health Act 1983 in relation to offenders

(1)
Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to

prisoners under sentence) is amended as follows.

(2)
In subsection (1), for “the expiration of that person’s sentence” there is

substituted “his release date”.

(3)
For subsections (2) and (3) there is substituted—

“(2)
A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously

done so, on his release date.

(3)
In this section, references to a person’s release date are to the day (if

any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or other institution

in which he might have been detained if the transfer direction had

not been given; and in determining that day there shall be

disregarded—

(a)
any powers that would be exercisable by the Parole Board if

he were detained in such a prison or other institution, and

(b)
any practice of the Secretary of State in relation to the early

release under discretionary powers of persons detained in

such a prison or other institution.”.”
223
Insert the following new Clause—

“Access to Parole Board for certain patients serving prison sentences

In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients

subject to restriction directions) after subsection (5) there is inserted—

“(5A)
Where the tribunal have made a recommendation under subsection

(1)(b) above in the case of a patient who is subject to a restriction

direction or a limitation direction—

(a)
the fact that the restriction direction or limitation direction

remains in force does not prevent the making of any

application or reference to the Parole Board by or in respect

of him or the exercise by him of any power to require the

Secretary of State to refer his case to the Parole Board, and

(b)
if the Parole Board make a direction or recommendation by

virtue of which the patient would become entitled to be

released (whether unconditionally or on licence) from any

prison or other institution in which he might have been

detained if he had not been removed to hospital, the

restriction direction or limitation direction shall cease to

(  46  )

have effect at the time when he would become entitled to be

so released.””
224
Insert the following new Clause—

“Duration of directions under Mental Health (Northern Ireland) Order 1986 in

relation to offenders

(1)
Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended

as follows.

(2)
In paragraph (1), for “the expiration of that person’s sentence” there is

substituted “his release date”.

(3)
For paragraphs (2) and (3) there is substituted—

“(2)
A restriction direction in the case of a person serving a sentence of

imprisonment shall cease to have effect, if it has not previously

done so, on his release date.

(3)
In this Article, references to a person’s release date are to the day (if

any) on which he would be entitled to be released (whether

unconditionally or on licence) from any prison or juvenile justice

centre in which he might have been detained if the transfer

direction had not been given; and in determining that day any

powers that would be exercisable by the Sentence Review

Commissioners or the Life Sentence Review Commissioners if he

were detained in such a prison or juvenile justice centre shall be

disregarded.””
225
Insert the following new Clause—

“Access to Sentence Review Commissioners and Life Sentence Review

Commissioners for certain Northern Ireland patients

In Article 79 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/

595 (N.I. 4)) (restricted patients subject to restriction directions) after

paragraph (5) there is inserted—

“(5A)
Where the tribunal have made a recommendation under paragraph

(1)(b) in the case of a patient who is subject to a restriction

direction—

(a)
the fact that the restriction direction remains in force does

not prevent—

(i)
the making of any application or reference to the Life

Sentence Review Commissioners by or in respect of

him or the exercise by him of any power to require

the Secretary of State to refer his case to those

Commissioners, or

(ii)
the making of any application by him to the

Sentence Review Commissioners, and

(b)
if—

(i)
the Life Sentence Review Commissioners give a

direction by virtue of which the patient would

become entitled to be released (whether

unconditionally or on licence) from any prison or

(  47  )

juvenile justice centre in which he might have been

detained if the transfer direction had not been given,

or

(ii)
the Sentence Review Commissioners grant a

declaration by virtue of which he would become so

entitled,


the restriction direction shall cease to have effect at the time

at which he would become so entitled.”.”
After Clause 277
226
Insert the following new Clause—


“Disqualification from working with children

Schedule (Disqualification from working with children) (which contains

amendments of Part 2 of the Criminal Justice and Court Services Act 2000

(c. 43) relating to disqualification orders under that Part) shall have effect.”
Clause 279
227
Page 159, line 22, leave out from “produce” to end of line 23 and insert—

“(a)
any such licence held by him together with its counterpart; or

(b)
in the case where he holds a Community licence (within the

meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his

Community licence and its counterpart (if any).”
228
Page 159, leave out lines 27 and 28 and insert—


““counterpart”—

(a)
in relation to a driving licence, has the meaning given in

relation to such a licence by section 108(1) of that Act; and

(b)
in relation to a Community licence, has the meaning given

by section 99B of that Act.”
Clause 281
229
Page 160, line 7, leave out “to 82” and insert “and 81”
Clause 283
230
Page 160, line 27, leave out from beginning to “or”
231
Page 160, line 41, after “more)” insert “except in Chapter 7”
232
Page 161, line 3, leave out from beginning to “or”
233
Page 161, line 18, leave out from beginning to “or”
234
Page 161, line 27, leave out from “order” to “or” in line 28
After Clause 283
235
Insert the following new Clause—

(  48  )

“Duty of probation officers to consult with magistrates

It shall be the duty of the chief officer of each probation area—

(a)
to establish consultation arrangements with local magistrates’

courts committees and local communities,

(b)
to assist the probation service in the performance of its duties of

reducing offending, and

(c)
to supervise offenders in the community.”
After Clause 284
236
Insert the following new Clause—

“Enforcement of regulations implementing Community legislation on

endangered species

(1)
In this section—


“the 1972 Act” means the European Communities Act 1972 (c. 68);


“relevant Community instrument” means—

(a)
Council Regulation 338/97/EC on the protection of species

of wild fauna and flora by regulating the trade therein, and

(b)
Commission Regulation 1808/01/EC on the

implementation of the Council Regulation mentioned in

paragraph (a).

(2)
Regulations made under section 2(2) of the 1972 Act for the purpose of

implementing any relevant Community instrument may, notwithstanding

paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable

on conviction on indictment with imprisonment for a term not exceeding

five years.

(3)
In relation to Scotland and Northern Ireland, regulations made under

section 2(2) of the 1972 Act for the purpose of implementing any relevant

Community instrument may, notwithstanding paragraph 1(1)(d) of

Schedule 2 to the 1972 Act, create offences punishable on summary

conviction with imprisonment for a term not exceeding six months.

(4)
In Scotland, a constable may arrest without a warrant a person—

(a)
who has committed or attempted to commit an offence under

regulations made under section 2(2) of the 1972 Act for the purpose

of implementing any relevant Community instrument, or

(b)
whom he has reasonable grounds for suspecting to have committed

or to have attempted to commit such an offence.

(5)
Until the coming into force of paragraph 3 of Schedule 23 (which amends

paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—

(a)
with the omission of the words “in relation to Scotland and

Northern Ireland”, and

(b)
as if, in relation to England and Wales, the definition of “relevant

Community instrument” also included Council Directive 92/43/

EEC on the conservation of natural habitats and wild fauna and

flora as amended by the Act of Accession to the European Union of

Austria, Finland and Sweden and by Council Directive 97/62/EC.

(6)
Any reference in this section to a Community instrument is to be read—

(a)
as a reference to that instrument as amended from time to time, and

(  49  )

(b)
where any provision of that instrument has been repealed, as

including a reference to any instrument that re-enacts the repealed

provision (with or without amendment).”
After Clause 289
237
Insert the following new Clause—

“Extension of investigations by Criminal Cases Review Commission in England

and Wales

(1)
Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order

investigations by Criminal Cases Review Commission) is amended as

follows.

(2)
In subsection (1) after “conviction” there is inserted “or an application for

leave to appeal against conviction,”.

(3)
In paragraph (a) of that subsection—

(a)
at the beginning there is inserted “in the case of an appeal,”, and

(b)
for “case”, in both places where it occurs, there is substituted

“appeal”.

(4)
After paragraph (a) of that subsection there is inserted—

“(aa)
in the case of an application for leave to appeal, the matter

is relevant to the determination of the application and

ought, if possible, to be resolved before the application is

determined;”.

(5)
After that subsection there is inserted—

“(1A)
A direction under subsection (1) above may not be given by a single

judge, notwithstanding that, in the case of an application for leave

to appeal, the application may be determined by a single judge as

provided for by section 31 of this Act.”

(6)
After subsection (4) there is inserted—

“(5)
In this section “respondent” includes a person who will be a

respondent if leave to appeal is granted.””
238
Insert the following new Clause—

“Extension of investigations by Criminal Cases Review Commission in

Northern Ireland

(1)
Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

(power to order investigations by Criminal Cases Review Commission) is

amended as follows.

(2)
In subsection (1) after “conviction” there is inserted “or an application for

leave to appeal against conviction,”.

(3)
In paragraph (a) of that subsection—

(a)
at the beginning there is inserted “in the case of an appeal,”, and

(b)
for “case”, in both places where it occurs, there is substituted

“appeal”.