House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

1

House of Commons

Tuesday 26th June 2007

Public Bill Committee Proceedings

Serious Crime Bill [Lords]

[First and second SITTINGS]

Mr Vernon Coaker

Agreed to

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

26th June) meet—

(a)
at 4.30 p.m. on Tuesday 26th June;

(b)
at 9.00 a.m. and 2.00 p.m. on Thursday 28th June;

(c)
at 10.30 a.m. and 4.30 p.m. on Tuesday 3rd July;

(d)
at 9.00 a.m. and 2.00 p.m. on Thursday 5th July;

(e)
at 10.30 a.m. and 4.30 p.m. on Tuesday 10th July;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 3;

Schedule 1; Clause 4; Schedule 13; Clauses 5 to 36; Schedule 2; Clauses 37

to 46; Schedule 3; Clauses 47 to 49; Schedule 4; Clauses 50 to 56; Schedule

5; Clauses 57 and 58; Schedule 6; Clauses 59 to 67; Schedule 7; Clause 68;

Schedules 8 and 9; Clauses 69 to 71; Schedule 10; Clauses 72 and 73;

Schedule 11; Clauses 74 to 77; Schedule 12; Clauses 78 to 81; Schedule 14;

Clause 82; Schedule 15; Clauses 83 to 85; new Clauses; new Schedules;

remaining proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 10th July.

Mr Vernon Coaker has given notice of his intention to move a motion in the terms of

the Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Public Bill Committee Proceedings: 26th June 2007
2

Serious Crime Bill-[Lords], continued

Mr Vernon Coaker

To move, That, subject to the discretion of the Chairman, any written evidence received

by the Committee shall be reported to the House for publication.

Agreed to

Mr Jeremy Browne

Mr Crispin Blunt

Negatived on division  1

Clause  1,  page  1,  line  6,  after ‘satisfied’, insert ‘beyond reasonable doubt’.

Nick Herbert

Mr Crispin Blunt

Not called  16

Clause  1,  page  1,  line  6,  leave out ‘satisfied’ and insert ‘certain’.

Mr Douglas Hogg

Not called  51

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

Nick Herbert

Mr Crispin Blunt

Not called  17

Clause  1,  page  1,  line  8,  leave out ‘has reasonable grounds to believe’ and insert ‘is

satisfied’.

Mr Jeremy Browne

Mr Douglas Hogg

Not called  2

Clause  1,  page  1,  line  12,  after ‘satisfied’, insert ‘beyond reasonable doubt’.

Mr Douglas Hogg

Not called  52

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

Mr Douglas Hogg

Negatived on division  53

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

proportionate’.

Clause Agreed to on division.

Mr Douglas Hogg

Negatived on division  54

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

Mr Douglas Hogg

Not called  55

Clause  2,  page  2,  line  22,  at end insert ‘in respect of which he has been sentenced

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

Public Bill Committee Proceedings: 26th June 2007
3

Serious Crime Bill-[Lords], continued

Mr Douglas Hogg

Withdrawn  57

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

Mr Douglas Hogg

Negatived on division  58

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

Mr Douglas Hogg

Not called  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’.

Mr Jeremy Browne

Negatived on division  3

Clause  2,  page  2,  line  25,  after ‘has’, insert ‘conducted himself in a way that was

unreasonable in the circumstances and, by doing so, has’.

Mr Douglas Hogg

Not called  60

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

Mr Douglas Hogg

Not called  61

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

Mr Douglas Hogg

Not called  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

Not called  56

Clause  2,  page  2,  line  27,  at end insert—

‘(1A)
For the purposes of subsection (1) an immediate term of imprisonment of not less

than seven years shall include—

(a)
a mandatory life sentence; and

(b)
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

Not called  63

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

Mr Jeremy Browne

Negatived on division  4

Clause  2,  page  2,  line  33,  leave out paragraph (b).

Public Bill Committee Proceedings: 26th June 2007
4

Serious Crime Bill-[Lords], continued

Mr Douglas Hogg

Not called  64

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

Mr Douglas Hogg

Not called  65

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

Mr Douglas Hogg

Not called  66

Clause  2,  page  2,  line  45,  at end insert ‘knowingly and intentionally’.

Mr Douglas Hogg

Not called  67

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

Mr Douglas Hogg

Not called  68

Clause  2,  page  3,  line  2,  at end 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

Not called  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

Not called  137

Clause  2,  page  3,  line  8,  at end insert ‘in respect of which a court would have been

entitled to impose an immediate sentence of imprisonment of not less than seven years or

a mandatory or discretionary life sentence’.

Mr Douglas Hogg

Not called  70

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

Mr Jeremy Browne

Not called  8

Clause  2,  page  3,  line  19,  leave out subparagraph (ii).

Mr Douglas Hogg

Not called  151

Clause  2,  page  3,  line  23,  leave out subsection (6).

Public Bill Committee Proceedings: 26th June 2007
5

Serious Crime Bill-[Lords], continued

Mr Douglas Hogg

Not called  71

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

Mr Douglas Hogg

Not called  79

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

Clause Agreed to on division.

Mr Douglas Hogg

Not called  72

Clause  3,  page  3,  line  31,  at end insert ‘knowingly and intentionally’.

Mr Douglas Hogg

Not called  73

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

Mr Douglas Hogg

Not called  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(1A) of this Act applies’.

Mr Douglas Hogg

Not called  75

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

Mr Douglas Hogg

Not called  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(1A) of this Act applies’.

Mr Douglas Hogg

Not called  77

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

Mr Douglas Hogg

Not called  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(1A)

of this Act applies.’.

Mr Douglas Hogg

Not called  80

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

Public Bill Committee Proceedings: 26th June 2007
6

Serious Crime Bill-[Lords], continued

Mr Douglas Hogg

Not called  81

Clause  3,  page  4,  line  7,  at end insert ‘knowingly and intentionally’.

Mr Douglas Hogg

Not called  82

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

Mr Douglas Hogg

Not called  83

Clause  3,  page  4,  line  8,  at end 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(1A) of this Act applies.’.

Mr Douglas Hogg

Not called  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(1A) of this Act applies.’.

Mr Douglas Hogg

Not called  85

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

Mr Douglas Hogg

Not called  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—

(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(1A) of this Act applies.’.

Clause Agreed to.

Mr Vernon Coaker

Agreed to  24

Schedule  1,  page  48,  line  25,  at end insert—

Public Bill Committee Proceedings: 26th June 2007
7

Serious Crime Bill-[Lords], continued

‘Armed robbery etc.

4A  (1)
An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where

the use or threat of force involves a firearm, an imitation firearm or an

offensive weapon.

      (2)
An offence at common law of an assault with intent to rob where the assault

involves a firearm, imitation firearm or an offensive weapon.

      (3)
In this paragraph—

“firearm” has the meaning given by section 57(1) of the Firearms Act 1968

(c. 27);

“imitation firearm” has the meaning given by section 57(4) of that Act;

“offensive weapon” means any weapon to which section 141 of the

Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.’.

Nick Herbert

Mr Crispin Blunt

Not called  23

Schedule  1,  page  48,  line  25,  at end insert—



     ‘Robbery using an offensive weapon or firearm

4A
An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged

that, at some time during the commission of the offence, the defendant had in

his possession a weapon specified by the Secretary of State under section

141(2) of the Criminal Justice Act 1988 (c. 33), or a firearm or imitation

firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).’.

Mr Vernon Coaker

Agreed to  25

Schedule  1,  page  48,  line  27,  leave out ‘either’ and insert ‘any’.

Mr Vernon Coaker

Agreed to  26

Schedule  1,  page  48,  line  31,  at end insert—

‘(c)
section 329 (acquisition, use and possession of criminal property).’.

Mr Vernon Coaker

Agreed to  27

Schedule  1,  page  48,  line  33,  at beginning insert—

      ‘()
An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).’.

Mr Vernon Coaker

Agreed to  28

Schedule  1,  page  48,  line  42,  at end insert—

‘Offences in relation to public revenue

6A  (1)
An offence under section 170 of the Customs and Excise Management Act

1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within

paragraph 1(2)(c) or 3(1)(b) above.

      (2)
An offence under section 72 of the Value Added Tax Act 1994 (c. 23)

(fraudulent evasion of VAT etc.).

      (3)
An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent

evasion of income tax).