House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

15

House of Commons

Notices of Amendments

given on

Wednesday 20th June 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

1-2, 3-5, 7-9 and 11-14

Public Bill Committee

Serious Crime Bill [Lords]

Mr Douglas Hogg

51

Clause  1,  page  1,  line  8,  leave out ‘it has reasonable grounds to believe that’.

Mr Douglas Hogg

52

Clause  1,  page  2,  line  1,  leave out ‘it has reasonable grounds to believe that’.

Mr Douglas Hogg

53

Clause  1,  page  2,  line  7,  leave out ‘appropriate’ and insert ‘necessary, just and

proportionate’.

Mr Douglas Hogg

54

Clause  2,  page  2,  line  22,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

55

Clause  2,  page  2,  line  22,  after ‘Wales’, insert ‘in respect of which he has been

sentenced to an immediate term of imprisonment of not less than seven years’.

Mr Douglas Hogg

56

Clause  2,  page  2,  line  22,  at end insert—

‘(ab)
for the purposes of paragraph (a) an immediate term of imprisonment of

not less than seven years shall include—

(i)
a mandatory life sentence; and

Notices of Amendments: 20th June 2007
16

Serious Crime Bill–[ [], continued

(ii)
a discretionary life sentence and a sentence for imprisonment for

public protection in respect of which the court has specified that

a period of seven years shall have expired before the case is

considered by the Parole Board.’.

Mr Douglas Hogg

57

Clause  2,  page  2,  line  23,  leave out paragraphs (b) and (c).

Mr Douglas Hogg

58

Clause  2,  page  2,  line  23,  after ‘has’, insert ‘knowingly and intentionally’.

Mr Douglas Hogg

59

Clause  2,  page  2,  line  24,  after ‘Wales’, insert ‘in respect of which that person has

been sentenced to an immediate term of imprisonment of not less than seven years and to

whom paragraph (ab) shall apply’.

Mr Douglas Hogg

60

Clause  2,  page  2,  line  25,  after ‘has’, insert ‘knowingly and intentionally’.

Mr Douglas Hogg

61

Clause  2,  page  2,  line  26,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

62

Clause  2,  page  2,  line  27,  at end insert ‘in respect of which a court would be entitled

to impose an immediate term of imprisonment of not less than seven years or a mandatory

or discretionary life sentence’.

Mr Douglas Hogg

63

Clause  2,  page  2,  line  28,  leave out subsection (2).

Mr Douglas Hogg

64

Clause  2,  page  2,  line  36,  leave out subsection (3).

Mr Douglas Hogg

65

Clause  2,  page  2,  line  44,  leave out subsection (4).

Mr Douglas Hogg

66

Clause  2,  page  2,  line  45,  after ‘he’, insert ‘knowingly and intentionally’.

Mr Douglas Hogg

67

Clause  2,  page  3,  line  1,  leave out ‘a serious’ and insert ‘an’.

Notices of Amendments: 20th June 2007
17

Serious Crime Bill–[ [], continued

Mr Douglas Hogg

68

Clause  2,  page  3,  line  2,  after ‘Wales’, insert ‘in respect of which he has been

sentenced to an immediate term of imprisonment—

(i)
of not less than seven years, or

(ii)
for an indeterminate period in respect of which he is ordered to

serve a period of not less than seven years in custody.’.

Mr Douglas Hogg

69

Clause  2,  page  3,  line  4,  after ‘Wales’, insert ‘in respect of which he has been

sentenced to an immediate term of imprisonment—

(i)
of not less than seven years, or

(ii)
for an indeterminate period in respect of which he is ordered to

serve a period of not less than seven years in custody.’.

Mr Douglas Hogg

70

Clause  2,  page  3,  line  9,  leave out subsection (5).

Mr Douglas Hogg

71

Clause  2,  page  3,  line  26,  leave out subsection (7).

Mr Douglas Hogg

72

Clause  3,  page  3,  line  31,  after ‘he’, insert ‘knowingly and intentionally’.

Mr Douglas Hogg

73

Clause  3,  page  3,  line  32,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

74

Clause  3,  page  3,  line  32,  at end insert ‘in respect of which he has been sentenced

to an immediate term of imprisonment of not less than seven years and to whom section

2(1)(ab) of this Act applies’.

Mr Douglas Hogg

75

Clause  3,  page  3,  line  33,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

76

Clause  3,  page  3,  line  34,  after ‘Ireland’, insert ‘in respect of which that person has

been sentenced to an immediate term of imprisonment of not less than seven years and to

whom section 2(1)(ab) of this Act applies’.

Mr Douglas Hogg

77

Clause  3,  page  3,  line  36,  leave out ‘a serious’ and insert ‘an’.

Notices of Amendments: 20th June 2007
18

Serious Crime Bill–[ [], continued

Mr Douglas Hogg

78

Clause  3,  page  3,  line  37,  leave out ‘(whether or not such an offence was

committed)’ and insert ‘in respect of which that person has been sentenced to an

immediate term of imprisonment of not less than seven years and to whom section

2(1)(ab) of this Act applies.’.

Mr Douglas Hogg

79

Clause  2,  page  2,  line  38,  after ‘the’, insert ‘knowing and intentional’.

Mr Douglas Hogg

80

Clause  3,  page  3,  line  38,  leave out subsection (2).

Mr Douglas Hogg

81

Clause  3,  page  4,  line  7,  after ‘he’, insert ‘knowingly and intentionally’.

Mr Douglas Hogg

82

Clause  3,  page  4,  line  8,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

83

Clause  3,  page  4,  line  8,  after ‘Ireland’, insert ‘in respect of which he has been

sentenced to—

(i)
an immediate term of imprisonment of not less than seven years,

or

(ii)
a mandatory or discretionary life sentence


and, in respect of an offence committed in England and Wales, section

2(1)(ab) of this Act applies.’.

Mr Douglas Hogg

84

Clause  3,  page  4,  line  10,  after ‘Ireland’, insert ‘in respect of which he has been

sentenced to—

(iii)
an immediate term of imprisonment of not less than seven years,

or

(iv)
a mandatory or discretionary life sentence


and, in respect of an offence committed in England and Wales, section

2(1)(ab) of this Act applies.’.

Mr Douglas Hogg

85

Clause  3,  page  4,  line  12,  leave out ‘a serious’ and insert ‘an’.

Mr Douglas Hogg

86

Clause  3,  page  4,  line  13,  leave out ‘(whether or not such an offence was

committed)’ and insert ‘in respect of which that person has been sentenced to—

Notices of Amendments: 20th June 2007
19

Serious Crime Bill–[ [], continued

(v)
an immediate term of imprisonment of not less than seven years,

or

(vi)
a mandatory or discretionary life sentence


and, in respect of an offence committed in England and Wales, section

2(1)(ab) of this Act applies.’.

Mr Douglas Hogg

87

Clause  5,  page  5,  line  5,  leave out subsection (2).

Mr Douglas Hogg

88

Clause  5,  page  5,  line  7,  leave out ‘ignore’.

Mr Douglas Hogg

89

Clause  5,  page  5,  line  8,  before ‘any’, insert ‘ignore’.

Mr Douglas Hogg

90

Clause  5,  page  5,  line  10,  leave out ‘subject to this’ and insert ‘have regard to’.

Mr Douglas Hogg

91

Clause  5,  page  5,  line  15,  leave out ‘ignore’.

Mr Douglas Hogg

92

Clause  5,  page  5,  line  16,  before ‘any’, insert ‘ignore’.

Mr Douglas Hogg

93

Clause  5,  page  5,  line  18,  leave out ‘subject to this’ and insert ‘have regard to’.

Mr Douglas Hogg

94

Clause  5,  page  5,  line  12,  leave out subsection (3).

Mr Douglas Hogg

95

Clause  5,  page  5,  line  20,  leave out subsection (4).

Mr Douglas Hogg

96

Clause  6,  page  5,  leave out lines 22 to 24 and insert—

‘(1)
The Court may make orders specified in subsections (3), (4) and (5) below.’.

Mr Douglas Hogg

97

Clause  6,  page  5,  line  29,  leave out ‘Examples of’.

Notices of Amendments: 20th June 2007
20

Serious Crime Bill–[ [], continued

Mr Douglas Hogg

98

Clause  6,  page  5,  line  31,  after ‘orders’, insert ‘may’.

Mr Douglas Hogg

99

Clause  6,  page  5,  line  40,  leave out ‘Examples of’.

Mr Douglas Hogg

100

Clause  6,  page  5,  line  42,  after ‘orders’, insert ‘may’.

Mr Douglas Hogg

101

Clause  6,  page  6,  line  4,  leave out ‘Examples of’.

Mr Douglas Hogg

102

Clause  6,  page  6,  line  5,  after ‘orders’, insert ‘may’.

Mr Douglas Hogg

103

Clause  6,  page  6,  line  25,  leave out from ‘orders’ to ‘prohibitions’ in line 27 and

insert ‘may not include’.

Mr Douglas Hogg

104

Clause  10,  page  7,  line  20,  at end insert—

‘(1A)
No serious crime prevention order shall be made unless the High Court is satisfied

that it would be fair to the person making representations under subsection (1) and

was proportionate having regard to the interests of that person and to the public

interest.’.

Mr Douglas Hogg

105

Clause  10,  page  7,  line  26,  at end insert—

‘(2A)
No variation of a serious crime order may be made unless the High Court is

satisfied that the variation would be fair to the person making representations

under subsection (2) and was proportionate having regard to the interests of that

person and to the public interest.’.

Mr Douglas Hogg

106

Clause  10,  page  7,  line  32,  at end insert—

‘(3A)
No serious crime order shall be discharged, in whole or in part, if the High Court

considers the discharge to be unfair to the person making representations under

subsection (3) or to any person affected by it, or disproportionate having regard

to the interests of any person and to the public interest.’.

Notices of Amendments: 20th June 2007
21

Serious Crime Bill–[ [], continued

Mr Douglas Hogg

107

Clause  11,  page  8,  line  7,  at end insert—

‘(1A)
The subject of a serious crime prevention order is not bound by it unless, not less

than 56 days before the date on which the application for the making of the order

was heard, the subject was served with a notice setting out the terms of the

proposed order together with a copy of all the written evidence and a summary of

all the oral evidence that would be relied upon.’.

Mr Douglas Hogg

108

Clause  11,  page  8,  line  11,  at end insert ‘but if a court is satisfied that the subject of

a serious crime prevention order has not received that notice and is not otherwise aware

of its terms, the notice shall be deemed not to have been served.’.

Mr Douglas Hogg

109

Clause  15,  page  9,  line  29,  at end insert ‘or non-disclosure is authorised under any

other enactment’.

Mr Douglas Hogg

110

Clause  17,  page  10,  line  15,  leave out ‘5’ and insert ‘1’.

Mr Douglas Hogg

111

Clause  17,  page  10,  line  24,  leave out ‘does not’ and insert ‘shall’.

Mr Douglas Hogg

112

Clause  17,  page  10,  line  25,  at end insert ‘unless a period of not less than 12 months

has elapsed since the date when the order, or any provision of an order, ceases to be in

force.’.

Mr Douglas Hogg

103

Clause  18,  page  10,  line  29,  before ‘The’, insert ‘Subject to subsection (4)’.

Mr Douglas Hogg

114

Clause  18,  page  11,  line  4,  at end insert—

‘(4A)
If a change in circumstances is identified under subsection (4), the court may vary

the serious crime prevention order to the extent that the court considers that the

order has become unfair to the subject of the order or that the terms of the order

are disproportionate having regard to that person’s interests or to the public

interest.’.

Mr Douglas Hogg

115

Clause  19,  page  11,  line  41,  at end insert—

‘(3A)
If a change in circumstances is identified under subsection (3) and the court

considers that the order or any provision thereof has—

(a)
become unfair to the subject of the order, or