Amendments proposed to the Serious Organised Crime and Police Bill - continued House of Commons

back to previous text
   

Caroline Flint

49

Clause     148,     page     113,     line     17,     after 'section', insert '1(3),'.

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

164

Clause     148,     page     113,     line     18,     at end insert—

      '(za) any regulations under section 27;'.


   

Caroline Flint

50

Clause     154,     page     116,     line     11,     at end insert—

    '( )   So far as they relate—

      (a) to sections 113 and 115 of the Police Act 1997 as those sections apply to Scotland;

      (b) to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001, to the Protection of Children (Scotland) Act 2003 and to the Criminal Justice (Scotland) Act 2003,

    section 150 and Schedule 16 come into force on such day as the Scottish Ministers may by order appoint.'.

   

Caroline Flint

261

Clause     154,     page     116,     line     11,     at end insert—

    '( )   So far as they have effect for the purpose of conferring functions on the Scottish Ministers, sections (Corresponding Scottish offence) and (Designated Scottish sites: access) come into force on such day as the Scottish Ministers may by order appoint.

    ( )   So far as it has effect in relation to any site designated under section (Corresponding Scottish offence) by the Scottish Ministers, section 121(3) comes into force on such day as the Scottish Ministers may by order appoint.'.


   

Caroline Flint

262

Clause     155,     page     117,     line     4,     leave out 'to' and insert ', 121 (except subsection (3)),'.

   

Caroline Flint

263

Clause     155,     page     117,     line     9,     after '70,' insert—

      '( ) sections (Corresponding Scottish offence), 121(3) and (Designated Scottish sites: access),'.

   

Caroline Flint

51

Clause     155,     page     117,     line     22,     leave out 'and repeals made by Schedules 14 and' and insert 'made by Schedule'.


REMAINING NEW CLAUSES

Aggravated and mitigated offences

   

Mr Tony McWalter

NC25

To move the following Clause:—

    '(1)   Provision shall be made for sentencing hearings to determine whether an offence should be regarded as aggravated or mitigated.

    (2)   Opportunities will be given to those who are victims of, or witnesses to, or who are interested parties in, an offence for which a person has been found guilty to make representations to the effect that the offence should be regarded as aggravated or as mitigated.

    (3)   A judge to whom representations are made to the effect that an offence should be regarded as aggravated or mitigated may convene a sentencing hearing.

    (4)   Prior to sentence, and after a determination that an accused person is guilty, the judge will make it clear to victims and witnesses that they have the right to submit that there be a sentencing hearing.

    (5)   Prior to a sentencing hearing, the judge will sentence the offender, but the judge has the power to direct that the sentence will be deemed provisional and subject to potential revision by a sentencing hearing.

    (6)   The outcome of a sentencing hearing may be—

      (a) that the offence is regarded as aggravated, in which case the judge has the power either

      (i) to impose a sentence of up to 40 % higher than the sentence passed at trial, if that sentence was custodial, or

      (ii) to impose a custodial sentence of up to six months, if the offence when not regarded as aggravated was deemed not to merit a custodial sentence; or

      (b) that the offence is regarded as mitigated, in which case he has the power to reduce sentence from that provisionally imposed by25 %, or to reduce a custodial sentence of six months or less to a non-custodial sentence; or

      (c) to affirm the original sentence (either because the case for regarding the offence as either aggravated or as mitigated has not been made, or because a case for regarding the offence as aggravated has been established, and a case for mitigation has also been established, and the judge deems that the elements or aggravation and mitigation are of roughly equal strength).

    (7)   A sentencing hearing is conducted by a judge, and its primary purpose is to hear from victims and witnesses their views as to whether they believe that justice has been done.

    (8)   Unless it is the express wish to those who are to make submissions to a sentencing hearing that their representation be heard in public, or in the presence of the offender, a sentencing hearing will be heard in camera and in the absence of the offender.

    (9)   Victims and witnesses may be accompanied to the hearing by a "Mackenzie friend", who can be their spokesperson if that is the wish of the person making representations.

    (10)   In this section "victim" means—

      (a) an individual against whom an offence has been committed, or

      (b) an individual who, while he or she is not the overt target of an offender's activity, is someone it is reasonable to regard as having borne deleterious consequences of the offender's activity, or

      (c) a member of a group which there is a strong reason to believe is a focus of attention for the offender's activity.

    (11)   In this section "witness" means a person who—

      (a) testified in proceedings dealing with an alleged offence, or

      (b) deems himself or herself to have been in a position to have borne testimony to an offence, whether or not that person was called to give such evidence.'.


   

Caroline Flint

286

Title,     line     8,     after 'warrants', insert 'and about parental compensation orders'.

   

Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

311

Title,     line     10,     after 'Scotland;', insert 'to make provision in connection with economic damage to companies;'.


ORDER OF THE HOUSE [7TH DECEMBER 2004]

That the following provisions shall apply to the Serious Organised Crime and Police Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th January.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of the interruption on that day.

Programming Committee

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings to a consideration and Third Reading.

Programming of proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [11th JANUARY 2005, AS AMENDED]

That—

    (1)   during proceedings on the Serious Organised Crime and Police Bill, in addition to its first meeting at 9.25 a.m. on Tuesday 11th January, the Standing Committee shall meet at—

      (a) 2.30 p.m. on Tuesday 11th January, and

      (b) 9.10 a.m. and 2.30 p.m. on Thursday 13th January, Tuesday 18th January and Thursday 20th January;

    (2)   the Bill be considered in the following order, namely, Clause 1; Schedule 1; Clauses 2 to 50, Schedule 2; Clauses 51 and 52, Schedule 3; Clause 53; Schedule 4; new Clauses and new Schedules relating to Part 1; Clauses 54 to 74, Schedule 5; Clauses 75 to 90, Schedule 6; Clauses 91 to 100; new Clauses and new Schedules relating to Part 2; Clauses 101 and 102, Schedule 7; Clauses 103 to 113, Schedules 8 and 9; Clauses 114 and 115, new Clauses and new Schedules relating to Part 3; Clauses 120 to 122; Clauses 125 to 128; Clauses 134 to 136, Schedule 11; Clause 137, Schedule 12; Clause 138, Schedule 13; Clauses 139 and 140, Schedule 14; Clauses 141 to 147, Schedule 15; Clauses 116 to 119, Schedule 10; Clauses 123 and 124; Clauses 129 to 133; new Clauses and new Schedules relating to Parts 4 and 5; Clauses 148 to 150, Schedule 16; Clauses 151 to 155; remaining new Clauses and new Schedules; remaining proceedings on the Bill;

    (3)   proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 6.55 p.m. on Thursday 20th January.


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2005
Prepared 18 Jan 2005