S.C.B.
Amendment Paper as at
Tuesday 18th October 2005
STANDING COMMITTEE B
New Amendments handed in are marked thus *
VIOLENT CRIME REDUCTION BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th October 2005].
Clause 1
Another Amendment (No. 5) proposed, in page 1, line 10, to leave out the words 'or disorderly'—(Mr Humfrey Malins).
Lynne Featherstone
John Thurso
110
Clause 1, page 1, line 9, at beginning insert 'Subject to subsection (4A) below,'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
4
Clause 1, page 1, line 9, after 'prohibition', insert 'or requirement'.
Lynne Featherstone
John Thurso
111
Clause 1, page 1, line 9, after 'is', insert 'appropriate in all the circumstances, and'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
Lynne Featherstone
John Thurso
5
Clause 1, page 1, line 10, leave out 'or disorderly'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
189
Clause 1, page 1, line 11, leave out 'while' and insert 'whether or not'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
169
Clause 1, page 1, line 11, at end insert 'and may impose conditions requiring the subject to take steps necessary to rehabilitate the subject'.
Lynne Featherstone
John Thurso
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
113
Clause 1, page 1, line 12, leave out 'must' and insert 'may'.
Lynne Featherstone
John Thurso
114
Clause 1, page 1, line 13, after 'considers', insert 'appropriate and'.
Lynne Featherstone
John Thurso
115
Clause 1, page 1, line 13, leave out 'that purpose' and insert 'the purpose mentioned in subsection (2)'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
7
Clause 1, page 2, line 2, after 'retail', insert 'for consumption on the premises'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
10
Clause 1, page 2, line 14, after 'training', insert 'or playing sport'.
Lynne Featherstone
John Thurso
116
Clause 1, page 2, line 17, at end insert—
'(4A) Before making a drinking banning order, a court must receive a report from an appropriate officer about the proposed subject of the order, which contains information about the subject and, in particular, about whether there is any reason to suspect that he may be—
| (a) | suffering from substance addiction (including alcohol dependence); |
| (b) | a person falling within section 1 of the Mental Health Act 1983 (c. 20); or |
| (c) | suffering from any other recognised physical or mental illness or condition which could either— |
| (i) | affect his ability to restrict his intake of alcohol; |
| (ii) | cause him to engage in criminal conduct while under the influence of alcohol; or |
| (iii) | affect his ability to comply with a drinking banning order. |
(4B) In subsection (5) above "an appropriate officer" means—
| (a) | where the proposed subject is aged 18 or over, an officer of the National Offender Management Service or a social worker of a local authority social services department, or |
| (b) | where the proposed subject is aged under 18, a social worker of a local authority social services department or a member of a youth offending team. |
(4C) If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection 5(a) to (c) above, the court shall not make a drinking banning order unless satisfied, on receipt of medical evidence, that—
| (a) | his ability to understand and comply with the order will not be significantly restricted by reason of his being a person falling within subsection (5)(a) to (c) above; and |
| (b) | compliance with the order, either alone or in combination to any other order or sentence to which he is subject, would not have a deleterious effect upon his mental or physical health.'. |
Lynne Featherstone
John Thurso
117
Clause 1, page 2, line 17, at end insert '; or
| (e) | from fulfilling dietary requirements.'. |
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
11
Clause 1, page 2, line 17, at end insert '; or
| (e) | from attending his normal place of worship.'. |
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
8
Clause 1, page 2, line 18, leave out 'two' and insert 'six'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
9
Clause 1, page 2, line 21, leave out 'two' and insert 'six'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
Lynne Featherstone
John Thurso
12
Clause 2, page 2, line 32, leave out '16' and insert '18'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
170
Clause 2, page 2, line 32, leave out '16' and insert '15'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
Lynne Featherstone
John Thurso
6
Clause 2, page 2, line 35, leave out 'or disorderly'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
15
Clause 2, page 2, line 41, leave out subsection (4).
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
13
Clause 2, page 2, line 44, after 'proved', insert 'to the criminal standard'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
171
Clause 2, page 2, line 44, after 'proved', insert 'beyond reasonable doubt'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
14
Clause 2, page 2, line 45, at end insert—
'(6) Persons subject to—
| (a) | an application under this section, or |
| (b) | proceedings for breach of an order pursuant to section 10, |
shall be entitled to legal aid for the purposes of representation.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
18
Clause 3, page 3, line 15, after 'proceedings', insert ', which shall be heard by a County Court judge within seven days of the application,'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
16
Clause 3, page 3, line 21, leave out ' or disorderly'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
Lynne Featherstone
John Thurso
17
Clause 3, page 3, line 40, leave out 'or disorderly'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
19
Clause 4, page 4, line 10, at end insert 'and cannot be made until the expiry of one quarter of the period of the order.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
183
Clause 4, page 4, line 14, leave out paragraph (a) and insert—
| '(a) | the court is satisfied that there has been a change in curcumstances such that either the order is no longer necessary, or that it is no longer appropriate, or both; or'. |
Lynne Featherstone
John Thurso
120
Clause 5, page 4, line 34, leave out subsection (5).
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
20
Clause 6, page 5, line 6, leave out from 'court' to end of line 7 and insert 'must issue a warrant without bail for his arrest.'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
21
Clause 6, page 5, line 9, leave out 'adequate' and insert '14 days,'.
Lynne Featherstone
John Thurso
121
Clause 6, page 5, line 15, leave out subsections (8) and (9).
Lynne Featherstone
John Thurso
122
Clause 7, page 6, line 2, leave out 'or disorderly'.
Hazel Blears
68
Clause 8, page 6, line 43, leave out subsection (3) and insert—
'(3) Where this section applies by virtue of subsection (1)(a), an application for an interim order against an individual—
| (a) | may be made without notice being given to that individual, and |
| (b) | may be heard in the absence of that individual.'. |
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
23
Clause 8, page 6, line 43, after 'may', insert 'not'.
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
22
Clause 8, page 6, line 44, leave out from 'made' to end of line 44 and insert 'after the expiry of 24 hours following notice in writing being served on the individual.'.
