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| Thursday 11th October 2007 |
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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Criminal Justice and Immigration Bill |
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| | Resolution of the Programming Sub-Committee |
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| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | agreed the following Resolution at its meeting on Thursday 11th October (Standing Order |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | (a) | at 4.00 p.m. on Tuesday 16th October; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 18th October; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 23rd October; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 25th October; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 20th November; |
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| | (f) | at 9.00 a.m. and 1.00 p.m. on Thursday 22nd November; |
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| | (g) | at 10.30 a.m. and 4.00 p.m. on Tuesday 27th November; |
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| | (h) | at 9.00 a.m. and 1.00 p.m. on Thursday 29th November; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | Until no later than 1.00 p.m. |
| Ministry of Justice; Home Office |
| | | | | Until no later than 5.15 p.m. |
| Magistrates’ Association; |
| | | | | | Probation Boards’ Association |
| | | | | Until no later than 6.15 p.m. |
| Police Federation of England and |
| | | | | | | | | | | Until no later than 7.00 p.m. |
| | | | | | Until no later than 10.25 a.m. |
| | | | | | | | | | | | Until no later than 1.40 p.m. |
| Prison and Probation Ombudsman |
| | | | | Until no later than 2.40 p.m. |
| | | | | | Until no later than 4.00 p.m. |
| Local Government Association |
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| | (3) | the proceedings on consideration of the Bill in Committee shall be taken in |
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| | the following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3; |
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| | Schedule 3; Clauses 4 to 6; Schedule 4; Clauses 7 to 23; Schedule 5; Clauses |
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| | 24 to 29; Schedule 6; Clause 30; Schedule 7; Clauses 31 to 35; Schedule 8; |
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| | Clauses 36 to 48; Schedule 9; Clauses 49 and 50; Schedule 10; Clauses 51 to |
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| | 53; Schedule 11; Clause 54; Schedule 12; Clauses 55 and 56; Schedule 13; |
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| | Clauses 57 to 72; Schedule 14; Clauses 73 and 74; Schedule 15; Clauses 75 |
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| | to 80; Schedule 16; Clauses 81 to 103; Schedule 17; Clauses 104 to 107; |
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| | Schedule 18; Clauses 108 to 111; Schedule 19; Clause 112; Schedule 20; |
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| | Clauses 113 to 124; Schedules 21 and 22; Clause 125; Schedule 23; Clauses |
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| | 126 to 129; new Clauses; new Schedules; remaining proceedings on the Bill; |
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| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 7.00 p.m. on Thursday 29th November. |
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| | Mr David Hanson has given notice of his intention to move a motion in the terms of the |
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| | Resolution of the Programming Sub-Committee [Standing Order No. 83C(9)]. |
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| | To move, That, subject to the discretion of the Chairman, any written evidence received |
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| | by the Committee shall be reported to the House for publication. |
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| | To move, That, at this and any subsequent meeting at which oral evidence is to be |
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| | heard, the Committee shall sit in private until the witnesses are admitted. |
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| | Amendment of the Criminal Law Act 1967 |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act 1967 (c.58) is amended as follows. |
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| | (2) | In Section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act 1968 (c.60) (burglary).”.’. |
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| | Amendment of the Criminal Law Act (Northern Ireland) 1967 |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act (Northern Ireland) 1967 (c.18 NI)) is amended as follows. |
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| | (2) | In Section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act (Northern Ireland) 1969 (c.16 |
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| Clause 127, page 83, line 40, at end insert— |
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| | ‘(aa) | section [Amendment of the Criminal Act (Northern Ireland) 1967];’. |
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| | Indeterminate sentences: determination of tariffs |
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| To move the following Clause:— |
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| | ‘(1) | Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) |
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| | (determination of tariffs in cases where the sentence is not fixed by law) is |
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| | (2) | For subsections (2) to (4A) substitute— |
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| | “(1A) | The court shall have a complete discretion to set the minimum period to |
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| | be served in custody by an offender subject to a discretionary life |
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| | sentence for public protection. |
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| | (1B) | In setting that period the court must take into account— |
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| | (a) | the seriousness of the offence, |
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| | (b) | the danger to the public represented by the offender, |
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| | (c) | the impact of the offence on the victim, his family and the local |
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| | community where the offence took place, |
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| | (d) | the offender’s previous criminal record, |
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| | (e) | the need for rehabilitation of the offender, and |
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| | (f) | any other factor the court considers relevant.”.’. |
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| | Consecutive terms of imprisonment |
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| To move the following Clause:— |
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| | ‘(1) | Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act |
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| | 2003 (c.44) is amended as follows. |
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| | (2) | For subsection (7) substitute— |
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| | “(6A) | Where a court imposes two or more terms of imprisonment in accordance |
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| | with this section to be served consecutively, the court shall have |
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| | complete discretion to set the aggregate length of the terms of |
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| | imprisonment subject to a maximum of 65 weeks and may suspend all or |
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| | part of the total period of imprisonment.”.’. |
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