Public Bill Committee: 18th October 2007

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Criminal Justice and Immigration Bill, continued

Mr David Hanson

63

Schedule  23,  page  229,  line  19,  at end insert—

‘Children (Prescribed Orders —

In regulation 8(1)—

Northern Ireland, Guernsey and

(a)	sub-paragraph (a)(ii);

Isle of Man) Regulations 1991

(b)	sub-paragraph (b)(i), (ii), (iv) and (v); and

(S.I. 1991/ 2032)

(c)	sub-paragraph (c)(ii) and (iii).’.

Mr David Hanson

64

Schedule  23,  page  229,  line  20,  column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’.

Mr David Hanson

65

Schedule  23,  page  229,  line  21,  at end insert—

	‘Children (Northern Ireland	Article 7(2) and (3).’.
	Consequential Amendments)
	Order 1995 (S.I. 1995/ 756)

Mr David Hanson

66

Schedule  23,  page  230,  line  42,  column 2, after ‘33,’ insert ‘, 34(b)’.

Mr David Hanson

67

Schedule  23,  page  230,  line  42,  column 2, after ‘33,’ insert ‘, 39’.

Mr David Hanson

68

Schedule  23,  page  230,  column 2, leave out line 43 and insert ‘, 131 and 132’.

Mr David Hanson

69

Schedule  23,  page  231,  line  8,  column 2, after ‘paragraphs’ insert ‘37(b),’.

Mr David Hanson

70

Schedule  23,  page  231,  line  40,  column 2, at end insert ‘14,’.

Mr David Hanson

71

Schedule  23,  page  231,  line  41,  column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and

(7),’.

Mr David Hanson

72

Schedule  23,  page  231,  line  42,  column 2, after ‘129’ insert ‘, 131(3)’.

Public Bill Committee: 18th October 2007

69

Criminal Justice and Immigration Bill, continued

Mr David Hanson

73

Schedule  23,  page  232,  line  18,  column 2,  at end insert—

‘Section 92(3).’.

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];’.

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

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70

Criminal Justice and Immigration Bill, continued

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).”.’.

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).”.’.

Public Bill Committee: 18th October 2007

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Criminal Justice and Immigration Bill, continued

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,

(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.”.’.

Public Bill Committee: 18th October 2007

72

Criminal Justice and Immigration Bill, continued

orders of the house [8th and 11th OCTOBER] 2007

That the following provisions shall apply to the Criminal Justice and Immigration Bill:

Committal

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 Thursday 29th November 2007.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

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.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [TUEsday 16th october 2007]

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

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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.

---

Revised 18 October 2007