Vote Bundle Text (940629-07)

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

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Victims of mentally disordered persons: Northern Ireland

Mr Paul Goggins

NC29

To move the following Clause:—

'(1) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.

(2) After section 69 (views on temporary release) insert—

"69A Information about discharge and leave of absence of mentally disordered persons

(1) The Secretary of State must make a scheme requiring the Secretary of State to make available to persons falling within subsection (2) information about—

(a) the discharge from hospital of, or

(b) the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

(2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

(3) A relevant determination is made in respect of a person if—

(a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

(b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

(4) The Secretary of State may from time to time make a new scheme or alterations to a scheme.

(5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

(a) his discharge from hospital, or

(b) the grant of leave of absence from hospital to him.

(6) A condition is relevant for the purposes of subsection (5) if it appears to the Secretary of State that it might affect a victim of an offence in respect of which the determination was made.

(7) A scheme may require the Secretary of State to take all reasonable steps to ascertain whether a person who appears to him to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

(8) The matters are—

(a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

(b) if so, what conditions.

(9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

(10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

(11) The other information may include, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

(12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

(13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

69B Views on leave of absence

(1) If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).

(2) Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

(a) the actual victim of the offence in respect of which the determination was made, or

(b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

(3) The Secretary of State must—

(a) have regard to the representations in deciding whether he should give his consent to leave of absence being granted, and

(b) inform the victim of any such decision.

(4) Section 69A(3) (relevant determination) applies for the purposes of this section.".

(3) In section 70 (supplementary), after subsection (3) insert—

"(4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5) In subsection (4) and section 69A(3)—

"restriction direction" has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;
"transfer direction" has the meaning given in Article 53(2) of that Order.

(6) In section 69A(3)—

"hospital order" has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
"restriction order" has the meaning given in Article 47(1) of that Order;
"sentence of imprisonment" has the meaning given in Article 53(5) of that Order.

(7) In sections 69A and 69B "leave of absence" means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.".'.

Surcharge payable on conviction

Paul Goggins

NC35

To move the following Clause:—

'(1) In Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c.44) (general provisions about sentencing), after section 161 insert—

"Surcharges

161A Court's duty to order payment of surcharge

(1) A court when dealing with a person for one or more offences must also (subject to subsections (2) and (3)) order him to pay a surcharge.

(2) Subsection (1) does not apply in such cases as may be prescribed by an order made by the Secretary of State.

(3) Where a court dealing with an offender considers—

(a) that it would be appropriate to make a compensation order, but

(b) that he has insufficient means to pay both the surcharge and appropriate compensation,

the court must reduce the surcharge accordingly (if necessary to nil).

(4) For the purposes of this section a court does not "deal with" a person if it—

(a) discharges him absolutely, or

(b) makes an order under the Mental Health Act 1983 in respect of him.

161B Amount of surcharge

(1) The surcharge payable under section 161A is such amount as the Secretary of State may specify by order.

(2) An order under this section may provide for the amount to depend on—

(a) the offence or offences committed,

(b) how the offender is otherwise dealt with (including, where the offender is fined, the amount of the fine),

This is not to be read as limiting section 330(3) (power to make different provision for different purposes etc)."

(2) In section 164 of that Act (fixing of fines), after subsection (4) insert—

"(4A) In applying subsection (3), a court must not reduce the amount of a fine on account of any surcharge it orders the offender to pay under section 161A, except to the extent that he has insufficient means to pay both."

(3) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (c.31) (cases where payment enforceable as on summary conviction), after paragraph 12 insert—

"13 Where under section 161A of the Criminal Justice Act 2003 a court orders the payment of a surcharge."

(4) In Schedule 5 to the Courts Act 2003 (c.39) (collection of fines), in paragraph 1(1) (application of Schedule), after "a fine" insert "or a surcharge imposed under section 161A of the Criminal Justice Act 2003".

(5) The Secretary of State may by order—

(a) make provision amending Schedule 5 (collection of fines) or Schedule 6 (discharge of fines by unpaid work) to the Courts Act 2003 in its application by virtue of subsection (3) or (4) to surcharges;

(b) make provision for any part of Schedule 5, or the whole or any part of Schedule 6, not to apply to surcharges;

Increase in maximum on-the-spot penalty for disorderly behaviour

Paul Goggins

NC36

To move the following Clause:—

'(1) In Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c.16) (on-the-spot penalties for disorderly behaviour), section 3 is amended as follows.

(2) In subsection (2) (maximum penalty that may be prescribed), at the end insert "plus a half of the relevant surcharge".

(3) After that subsection insert—

"(2A) The "relevant surcharge", in relation to a person of a given age, is the amount payable by way of surcharge under section 161A of the Criminal Justice Act 2003 by a person of that age who is fined the maximum amount for the offence.".'.

Higher fixed penalty for repeated road traffic offences

Paul Goggins

NC37

To move the following Clause:—

'(1) The Road Traffic Offenders Act 1988 (c.53) is amended as follows.

(2) In section 53 (amount of fixed penalty), after subsection (2) insert—

"(3) In particular, in relation to England and Wales an order made under subsection (1)(a) may prescribe a higher fixed penalty in a case where, in the period of three years ending with the date of the offence in question, the offender committed an offence for which—

(a) he was disqualified from driving, or

(b) penalty points were endorsed on the counterpart of any licence held by him."

(3) At the end of section 84 (regulations) (which becomes subsection (1)) insert—

"(2) The Secretary of State may by regulations provide that where—

(a) a conditional offer has been issued under section 75 of this Act,

(b) the amount of the penalty stated in the offer is not the higher amount applicable by virtue of section 53(3) of this Act, and

the fixed penalty clerk may issue a further notice (a "surcharge notice") requiring payment of the difference between the two amounts.

(3) Regulations under subsection (2) above may—

(a) provide for this Part of this Act to have effect, in cases to which the regulations apply, with such modifications as may be specified;

(b) make provision for the collection and enforcement of amounts due under surcharge notices.".'.