Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued | House of Commons |
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Paul Goggins 97 Schedule 7, page 40, line 27, at end insert
'Criminal Justice Act 1991 (c. 53)
"(3A) This section applies in relation to a surcharge imposed under section 161A of the Criminal Justice Act 2003 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.".'.
Mr Paul Goggins 64 Schedule 7, page 40, line 32, at end insert
Mrs Cheryl Gillan 26 Schedule 7, page 41, leave out lines 14 to 16 and insert'"(4A) A court considering whether to make an occupation order shall also consider whether to exercise the power conferred by subsection (2)(b) and, whenever violence has been used or threatened, or where there is a risk of significant harm to the applicant or any relevant child, must use the power conferred by subsection (2)(b) to make a non-molestation order.".'.
Mrs Cheryl Gillan 17 Schedule 7, page 41, line 14, leave out from 'shall' to end of line 16 and insert 'use the power conferred by subsection (2)(b) to make a non-molestation order, whenever violence has been used or threatened, or where there is a risk of significant harm to the applicant or any relevant child'.
Mr Paul Goggins 65 Schedule 7, page 41, line 33, at end insert
Mrs Cheryl Gillan 16 Schedule 7, page 42, line 16, at end insert'(4) In paragraph (b) of the definition of "relative" in section 63(1) of Part 4 of the Family Law Act 1996, insert "cousins".'.
Paul Goggins 111 Schedule 7, page 42, line 31, at end insert
"(4) A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of
Paul Goggins 98 Schedule 7, page 43, line 6, at end insert
'Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
"(4A) Where an order is made in respect of a person under subsection (3) or (4) above, the Court of Appeal or House of Lords shall make such order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or such variation of the order of the Crown Court under that section, as is necessary to secure that the person's liability under that section is the same as it would be if he were being dealt with by the Crown Court."
"(1A) Where but for this subsection a court would order a child or young person to pay a surcharge under section 161A of the Criminal Justice Act 2003, the court shall order that the surcharge be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied
(a) before paragraph (a) insert
(b) in paragraph (d), for "or compensation" substitute ",compensation or surcharge".'.
Mr David Heath 123 Schedule 7, page 43, line 6, at end insert
'Access to Justice Act 1999
Mr Paul Goggins 75 Schedule 7, page 43, line 7, at end insert
Mr Paul Goggins 76 Schedule 7, page 43, line 8, leave out from '4' to '(offences'.
Paul Goggins 112 Schedule 7, page 43, leave out lines 16 to 22 and insert
(a) in the definition of "admitted to a hospital", for paragraph (c) substitute
"(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;";
(b) in the definition of "detained in a hospital", for paragraph (c) substitute
"(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;";
(c) in the definition of "restriction order", for paragraph (c) substitute
"(c) a direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;".
"(1A) A reference to a provision specified in paragraph (a) of the definition of "admitted to a hospital", "detained in a hospital" or "restriction order" includes a reference to the provision as it applies by virtue of
Mr Paul Goggins 66 Schedule 7, page 43, line 32, at end insert
Mr Paul Goggins 67 Schedule 7, page 43, line 38, at end insert
Paul Goggins 99 Schedule 7, page 44, line 2, at end insert
""compensation order" has the meaning given by section 130(1) of the Sentencing Act;".'.
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