19

House of Commons

Tuesday 16th October 2007

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Criminal Justice and Immigration Bill

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Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

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

Public Bill Committee: 16th October 2007

20

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.

Public Bill Committee: 16th October 2007

21

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

1

Clause  1,  page  1,  line  5,  leave out ‘or before’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

2

Clause  1,  page  2,  line  21,  leave out ‘or (b)’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

3

Clause  4,  page  3,  line  22,  leave out subsection (3).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

4

Clause  4,  page  3,  line  30,  leave out subsection (4).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

5

Clause  5,  page  3,  line  45,  after ‘offender’s’, insert ‘, or his immediate family’s,’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

6

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

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

7

Clause  5,  page  4,  line  8,  at end insert ‘written’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

8

Clause  5,  page  4,  line  11,  after ‘officer’, insert ‘in writing’.

Public Bill Committee: 16th October 2007

22

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

15

Clause  5,  page  4,  line  11,  at end insert—

‘(5A)

Any instructions given in accordance with subsection (5)(a) must be recorded in

the offender’s probation records.

(5B)	A copy of instructions recorded in accordance with subsection (5A) shall be

provided to the offender on request.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

9

Clause  9,  page  7,  line  1,  after ‘of’, insert ‘financial compensation or other

appropriate’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

10

Page  7,  line  35,  leave out Clause 10.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

11

Page  8,  line  6,  leave out Clause 11.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

16

Page  8,  line  17,  leave out Clause 12.

Public Bill Committee: 16th October 2007

23

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

17

Page  9,  line  7,  leave out Clause 13.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

12

Clause  15,  page  10,  line  17,  at end add—

‘(2A)

For the avoidance of doubt there is a rebuttable presumption that any such

prisoner will be removed from the United Kingdom following his release without

prejudice to any existing rights not to be, or protections from being, removed

under British or European Union law.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

13

Clause  16,  page  10,  line  35,  at end insert ‘, subject to the agreement of a Crown

Court judge’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

14

Clause  16,  page  11,  line  25,  leave out subsection (10).

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 Law Act (Northern Ireland) 1967];’.

Public Bill Committee: 16th October 2007

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Criminal Justice and Immigration Bill, continued

New Clauses

Unlicensed on-street racing

John Hemming

NC1

To move the following Clause:—

‘(1)	The Police Reform Act 2002 (c.30) is amended as follows.

(2)	After section 59(2) insert—

“(2A)

A constable in uniform shall also have the powers set out in subsection

(3) where he has reasonable grounds for believing that a motor vehicle—

(a)	is acting with others in a way which appears to have involved, or

is likely to involve, unlicensed on-street racing, and

(b)	is causing, or is likely to cause, alarm, distress or annoyance of

members of the public.”.’.

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

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).”.’.

Public Bill Committee: 16th October 2007

25

Criminal Justice and Immigration Bill, continued

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).”.’.

Indeterminate sentences: determination of tariffs

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC4

To move the following Clause:—

‘(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,

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Revised 16 October 2007