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7

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 11th October 2007

 

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

 

1-3 and 5

 

Public Bill Committee


 

Criminal Justice and Immigration Bill

 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Thursday 11th October (Standing Order

 

No. 83C):

 

That—

 

(1)  

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

 

16th October) meet—

 

(a)  

at 4.00 p.m. on Tuesday 16th October;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 18th October;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 23rd October;

 

(d)  

at 9.00 a.m. and 1.00 p.m. on Thursday 25th October;

 

(e)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 20th November;

 

(f)  

at 9.00 a.m. and 1.00 p.m. on Thursday 22nd November;

 

(g)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 27th November;

 

(h)  

at 9.00 a.m. and 1.00 p.m. on Thursday 29th November;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 16th October

Until no later than 1.00 p.m.

Ministry of Justice; Home Office

 
 

Tuesday 16th October

Until no later than 5.15 p.m.

Magistrates’ Association;

 
   

Probation Boards’ Association

 
 

Tuesday 16th October

Until no later than 6.15 p.m.

Police Federation of England and

 
   

Wales

 
 

Tuesday 16th October

Until no later than 7.00 p.m.

Stonewall

 
 

Thursday 18th October

Until no later than 10.25 a.m.

Youth Justice Board;

 
   

Children’s Society

 
 

Thursday 18th October

Until no later than 1.40 p.m.

Prison and Probation Ombudsman

 
 

Thursday 18th October

Until no later than 2.40 p.m.

Liberty

 
 

Thursday 18th October

Until no later than 4.00 p.m.

Local Government Association

 

 
 

Notices of Amendments: 11th October 2007                

8

 

Criminal Justice and Immigration Bill, continued

 
 

(3)  

the proceedings on consideration of the Bill in Committee shall be taken in

 

the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3;

 

Schedule 3; Clauses 4 to 6; Schedule 4; Clauses 7 to 23; Schedule 5; Clauses

 

24 to 29; Schedule 6; Clause 30; Schedule 7; Clauses 31 to 35; Schedule 8;

 

Clauses 36 to 48; Schedule 9; Clauses 49 and 50; Schedule 10; Clauses 51 to

 

53; Schedule 11; Clause 54; Schedule 12; Clauses 55 and 56; Schedule 13;

 

Clauses 57 to 72; Schedule 14; Clauses 73 and 74; Schedule 15; Clauses 75

 

to 80; Schedule 16; Clauses 81 to 103; Schedule 17; Clauses 104 to 107;

 

Schedule 18; Clauses 108 to 111; Schedule 19; Clause 112; Schedule 20;

 

Clauses 113 to 124; Schedules 21 and 22; Clause 125; Schedule 23; Clauses

 

126 to 129; new Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

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

 

conclusion at 7.00 p.m. on Thursday 29th November.

 

Mr David Hanson 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(9)].

 

Mr David Hanson

 

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.

 

Mr David Hanson

 

To move, That, at this and any subsequent meeting at which oral evidence is to be

 

heard, the Committee shall sit in private until the witnesses are admitted.

 

 

Amendment of the Criminal Law Act 1967

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Criminal Law Act 1967 (c.58) is amended as follows.

 

(2)    

In Section 3 (use of force in making arrest, etc.), after subsection (1), insert—

 

“(1A)    

Where a person uses force in the prevention of crime or in the defence of

 

persons or property on another who is in any building or part of a building

 

having entered as a trespasser or is attempting so to enter, that person


 
 

Notices of Amendments: 11th October 2007                

9

 

Criminal Justice and Immigration Bill, continued

 
 

shall not be guilty of any offence in respect of the use of that force

 

unless—

 

(a)    

the degree of force used was grossly disproportionate, and

 

(b)    

this was or ought to have been apparent to the person using such

 

force.

 

(1B)    

No prosecution shall be brought against a person subject to subsection

 

(1A) without the leave of the Attorney General.

 

(1C)    

In this section “building or part of a building” shall have the same

 

meaning as in section 9 of the Theft Act 1968 (c.60) (burglary).”.’.

 

Amendment of the Criminal Law Act (Northern Ireland) 1967

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Criminal Law Act (Northern Ireland) 1967 (c.18 NI)) is amended as follows.

 

(2)    

In Section 3 (use of force in making arrest, etc.), after subsection (1), insert—

 

“(1A)    

Where a person uses force in the prevention of crime or in the defence of

 

persons or property on another who is in any building or part of a building

 

having entered as a trespasser or is attempting so to enter, that person

 

shall not be guilty of any offence in respect of the use of that force

 

unless—

 

(a)    

the degree of force used was grossly disproportionate, and

 

(b)    

this was or ought to have been apparent to the person using such

 

force.

 

(1B)    

No prosecution shall be brought against a person subject to subsection

 

(1A) without the leave of the Attorney General.

 

(1C)    

In this section “building or part of a building” shall have the same

 

meaning as in section 9 of the Theft Act (Northern Ireland) 1969 (c.16

 

NI)) (burglary).”.’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

18

 

Clause  127,  page  83,  line  40,  at end insert—

 

‘(aa)    

section [Amendment of the Criminal Act (Northern Ireland) 1967];’.

 

Indeterminate sentences: determination of tariffs

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC4

 

To move the following Clause:—


 
 

Notices of Amendments: 11th October 2007                

10

 

Criminal Justice and Immigration Bill, continued

 
 

‘(1)    

Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6)

 

(determination of tariffs in cases where the sentence is not fixed by law) is

 

amended as follows.

 

(2)    

For subsections (2) to (4A) substitute—

 

“(1A)    

The court shall have a complete discretion to set the minimum period to

 

be served in custody by an offender subject to a discretionary life

 

sentence for public protection.

 

(1B)    

In setting that period the court must take into account—

 

(a)    

the seriousness of the offence,

 

(b)    

the danger to the public represented by the offender,

 

(c)    

the impact of the offence on the victim, his family and the local

 

community where the offence took place,

 

(d)    

the offender’s previous criminal record,

 

(e)    

the need for rehabilitation of the offender, and

 

(f)    

any other factor the court considers relevant.”.’.

 

Consecutive terms of imprisonment

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC5

 

To move the following Clause:—

 

‘(1)    

Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act

 

2003 (c.44) is amended as follows.

 

(2)    

For subsection (7) substitute—

 

“(6A)    

Where a court imposes two or more terms of imprisonment in accordance

 

with this section to be served consecutively, the court shall have

 

complete discretion to set the aggregate length of the terms of

 

imprisonment subject to a maximum of 65 weeks and may suspend all or

 

part of the total period of imprisonment.”.’.

 


 
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