|
| |
| | |
| | |
| |
| | | ‘A detailed central record shall be kept of every order made, varied or discharged |
|
| | | |
| | |
| | | Review of serious crime prevention orders |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | The Secretary of State must appoint a person (“the independent reviewer”) to |
|
| | | conduct an independent review of the operation of this Part. |
|
| | | (2) | In conducting a review under subsection (1) above the independent reviewer shall |
|
| | | have regard to the desirability of minimising the use of serious crime prevention |
|
| | | orders except where they are necessary to protect the public by preventing, |
|
| | | restricting or disrupting involvement in serious crime in circumstances where |
|
| | | prosecutions cannot otherwise be pursued. |
|
| | | (3) | The independent reviewer must send the Secretary of State a report on the |
|
| | | outcome of a review under subsection (1) before the end of a period of 12 months |
|
| | | beginning with the day on which this Act is passed, and before the end of each |
|
| | | subsequent period of 12 months beginning with the day on which the first report |
|
| | | was sent to the Secretary of State. |
|
| | | (4) | The Secretary of State must lay before Parliament a copy of each report received |
|
| | | under subsection (3) above.’. |
|
| | |
| | | Limitation of serious crime prevention orders |
|
| | |
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Part 1 of this Act and any orders made under it shall expire at the end of the period |
|
| | | of 12 months beginning with the day on which this Act is passed unless the |
|
| | | Secretary of State makes a renewal order under subsection (2) below. |
|
| | | (2) | No renewal order may be made by the Secretary of State unless it has been laid |
|
| | | before, and approved by a resolution of, each House of Parliament. |
|
| | | (3) | A renewal order made under subsection (2) above shall expire at the end of the |
|
| | | period of 12 months beginning with the day on which the order is made unless it |
|
| | | is renewed by a further renewal order. |
|
| | | (4) | No order may be made under this section unless a report has been laid before |
|
| | | Parliament under section [Review of serious crime prevention orders] above.’. |
|
| | |
|
| |
| | |
| | |
| |
| | | Institution of proceedings for an offence under this Part |
|
| | |
| | | |
| | 
| To move the following Clause:— |
|
| | | ‘(1) | Any provision to which this section applies has effect with respect to an offence |
|
| | | under this Part as it has effect with respect to the anticipated offence. |
|
| | | (2) | This section applies to provisions made by or under an enactment (whenever |
|
| | | |
| | | (a) | provide that proceedings may not be instituted or carried on otherwise |
|
| | | than by, or on behalf or with the consent of, any person (including any |
|
| | | provision which also makes exceptions to the prohibition); |
|
| | | (b) | confer power to institute proceedings; |
|
| | | (c) | confer power to seize and detain property; |
|
| | | (d) | confer a power of forfeiture, including any power to deal with anything |
|
| | | |
| | | (3) | In relation to an offence under section 43— |
|
| | | (a) | the reference in subsection (1) to the anticipated offence is to be read as |
|
| | | a reference to any offence specified in the indictment; and |
|
| | | (b) | each of the offences specified in the indictment must be an offence in |
|
| | | respect of which the prosecutor has power to institute proceedings. |
|
| | | (4) | Any consent to proceedings required as a result of this section is in addition to |
|
| | | any consent required by section 50.’. |
|
| | |
| | | No individual liability in respect of corporate manslaughter |
|
| | |
| | | |
| | | To move the following Clause:— |
|
| | | ‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 |
|
| | | (c. 00) (no individual liability for offences under that Act) after subsection (1) |
|
| | | |
| | | “(1A) | An individual cannot be guilty of an offence under Part 2 of the Serious |
|
| | | Crime Act 2007 (encouraging or assisting crime) by reference to an |
|
| | | offence of corporate manslaughter.”’. |
|
| | |
| | | Order of the House [12th June 2007] |
|
| | | That the following provisions shall apply to the Serious Crime Bill [Lords]: |
|
| | | |
| | | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | | Proceedings in Public Bill Committee |
|
| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
|
| |
| | |
| | |
| |
| | | concluded) be brought to a conclusion on Tuesday 10th July 2007. |
|
| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | | |
| | | 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 interruption on that day. |
|
| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | | proceedings on consideration and Third Reading. |
|
| | | |
| | | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | | consideration of any message from the Lords) may be programmed. |
|
| | |
| | | |
| | |
| | | |
| | Clause 24, page 15, line 7, before ‘not’ insert ‘to discharge or’.
|
|
| | |
| | |
| | This Amendment was withdrawn on Thursday 21st June 2007. |
|
| | |
|
