|
|
|
211 | Page 152, leave out lines 4 to 8 and insert “12 months” |
|
|
212 | Page 152, leave out lines 32 to 36 and insert “to 12 months” |
|
|
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 |
|
| |
| (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”.” |
|
|
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— |
|
|
| (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.” |
|
|
215 | Page 153, line 34, after “(ae)” insert “, (af)” |
|
|
|
|
|
|
216 | Page 155, line 4, column 1, after “(ae)” insert “, (af)” |
|
|
217 | Page 155, line 36, after “(ae)” insert “, (af)” |
|
|
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.” |
|
|
219 | Page 156, line 40, leave out from “of” to “prohibition” in line 4 on page 157 and |
|
| |
| “(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 |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
|
|
| 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” |
|
|
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 |
|
| |
| (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 |
|
|
|
|
|
| have effect at the time when he would become entitled to be |
|
| |
224 | Insert the following new Clause— |
|
| | “Duration of directions under Mental Health (Northern Ireland) Order 1986 in |
|
| |
| (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 |
|
| |
| (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 |
|
| |
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 |
|
| |
| (a) | the fact that the restriction direction remains in force does |
|
| |
| (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 |
|
| |
| (ii) | the making of any application by him to the |
|
| Sentence Review Commissioners, and |
|
| |
| (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 |
|
|
|
|
|
| juvenile justice centre in which he might have been |
|
| detained if the transfer direction had not been given, |
|
| |
| (ii) | the Sentence Review Commissioners grant a |
|
| declaration by virtue of which he would become so |
|
| |
| | the restriction direction shall cease to have effect at the time |
|
| at which he would become so entitled.”.” |
|
|
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.” |
|
|
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— |
|
| |
| (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.” |
|
|
229 | Page 160, line 7, leave out “to 82” and insert “and 81” |
|
|
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 |
|
|
235 | Insert the following new Clause— |
|
|
|
|
|
| “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 |
|
| |
| (c) | to supervise offenders in the community.” |
|
|
236 | Insert the following new Clause— |
|
| | “Enforcement of regulations implementing Community legislation on |
|
| |
| |
| | “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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
|
|
| (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).” |
|
|
237 | Insert the following new Clause— |
|
| “Extension of investigations by Criminal Cases Review Commission in England |
|
| |
| (1) | Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order |
|
| investigations by Criminal Cases Review Commission) is amended as |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (1) | Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) |
|
| (power to order investigations by Criminal Cases Review Commission) is |
|
| |
| (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 |
|
| |
|