Vote Bundle Text (940629-03)

Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued	House of Commons

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Paul Goggins

Schedule 7, page 40, line 27, at end insert—

'Criminal Justice Act 1991 (c. 53)

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support), after subsection (3) insert—

"(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

Schedule 7, page 40, line 32, at end insert—

'In section 10 of that Act (which makes equivalent provision for Northern Ireland), in subsection (7), for the words "a jury in Northern Ireland has returned" substitute "in Northern Ireland there has been".'.

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Vera Baird

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
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

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

Schedule 7, page 41, line 33, at end insert—

'( ) In subsection (4), for "it were an order of the court" substitute "the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking".'.

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

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—

'32A (1) Section 47 of the Crime (Sentences) Act 1997 (power to specify hospital units) is amended as follows.

(2) Omit subsections (1)(d) and (2)(c).

(3) For subsection (4) substitute—

"(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—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968,

(d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.".'.

Paul Goggins

Schedule 7, page 43, line 6, at end insert—

'Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 132 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders: appeals etc), after subsection (4) insert—

"(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."

In section 136 of that Act (power to order statement as to financial circumstances of parent or guardian), in subsection (1), for "or compensation" substitute ",compensation or surcharge".

(1) Section 137 of that Act (power to order parent or guardian to pay fine, costs or compensation) is amended as follows.

(2) In the heading, for "or compensation" substitute ", compensation or surcharge".

(3) After subsection (1) insert—

"(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) that the parent or guardian cannot be found; or

(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case."

(4) In subsection (3), for "subsections (1) and (2)" substitute "subsections (1) to (2)".

(1) Section 138 of that Act (fixing of fine or compensation to be paid by parent or guardian) is amended as follows.

(2) In the heading, for "or compensation" substitute ", compensation or surcharge".

(3) Before paragraph (a) of subsection (1) insert—

"(za) subsection (3) of section 161A of the Criminal Justice Act 2003 (surcharges) and subsection (4A) of section 164 of that Act (fixing of fines) shall have effect as if any reference in those subsections to the offender's means were a reference to those of the parent or guardian;".

In section 142(1) of that Act (power of Crown Court to order search of persons before it)—

(a) before paragraph (a) insert—

"(za) the Crown Court orders a person to pay a surcharge under section 161A of the Criminal Justice Act 2003,";

(b) in paragraph (d), for "or compensation" substitute ",compensation or surcharge".'.

Mr David Heath
Sandra Gidley

123

Schedule 7, page 43, line 6, at end insert—

'Access to Justice Act 1999

After section 13(1)(b) of the Access to Justice Act 1999 insert—

"(c) for victims of domestic violence".'.

Mr Paul Goggins

Schedule 7, page 43, line 7, at end insert—

'35A The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows.

35B Section 69 (duties in connection with victims of certain offences) (which is superseded by section [Victims of persons sentenced to imprisonment or detention]) is repealed.'.

Mr Paul Goggins

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—

'37 (1) Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(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) 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;".

(3) After that subsection insert—

"(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—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964,

(b) section 6 or 14 of the Criminal Appeal Act 1968,

(d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968."

In section 135 of that Act (interpretation: mentally disordered offenders), omit subsection (4)(c).'.

Mr Paul Goggins

Schedule 7, page 43, line 32, at end insert—

'( ) In paragraph 172, for "63" substitute "63A".'.

Mr Paul Goggins

Schedule 7, page 43, line 38, at end insert—

'39A In section 50 of that Act (application of Part 7 to Northern Ireland), in subsection (13), for paragraphs (a) to (c) substitute—

"(a) for "section 4A of the Criminal Procedure (Insanity) Act 1964" substitute "Article 49A of the Mental Health (Northern Ireland) Order 1986", and

(b) for "that section" substitute "that Article"."'.

Paul Goggins

Schedule 7, page 44, line 2, at end insert—

'In section 151 of that Act (community order for persistent offender previously fined), in subsection (5), after "compensation order" insert "or a surcharge under section 161A".

In section 305 of that Act (interpretation of Part 12), in subsection (1), insert at the appropriate place—

""compensation order" has the meaning given by section 130(1) of the Sentencing Act;".'.