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Public Bill Committee: 25th October 2007                

179

 

Criminal Justice and Immigration Bill, continued

 
 

Mr David Hanson

 

61

 

Schedule  23,  page  229,  line  2,  column 2,  leave out ‘paragraph’ and insert

 

‘paragraphs 15(b) and’.

 

Mr David Hanson

 

62

 

Schedule  23,  page  229,  line  11,  column 2,  at end insert—

  

‘In Schedule 13, paragraph 35(3).’.

 
 

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’.


 
 

Public Bill Committee: 25th October 2007                

180

 

Criminal Justice and Immigration Bill, continued

 
 

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)’.

 

Mr David Hanson

 

73

 

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

  

‘Section 92(3).’.

 
 

Mr David Hanson

 

181

 

Schedule  23,  page  232,  line  46,  at end insert—

 

‘Criminal Justice Act 2003

Paragraph 30 of Schedule 2.’.

 
 

(Commencement No. 8 and

  
 

Transitional and Saving

  
 

Provisions) Order 2005 (S.I.

  
 

2005/950

  
 


 

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: 25th October 2007                

181

 

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: 25th October 2007                

182

 

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,

 

(d)    

the offender’s previous criminal record,

 

(e)    

the need for rehabilitation of the offender, and


 
 

Public Bill Committee: 25th October 2007                

183

 

Criminal Justice and Immigration Bill, continued

 
 

(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.”.’.

 


 

Preconditions to imposing a youth rehabilitation order

 

Mr David Heath

 

David Howarth

 

nc6

 

To move the following Clause:—

 

‘(1)    

A court may not make a youth rehabilitation order in respect of an offender

 

unless—

 

(a)    

the offender was legally represented at the relevant time in court, or

 

(b)    

either of the conditions in subsection (2) is satisfied.

 

(2)    

Those conditions are—

 

(a)    

that the offender was granted a right to representation funded by the

 

Legal Services Commission as part of the Criminal Defence Service for

 

the purposes of the proceedings but the right was withdrawn because of

 

the offender’s conduct, or

 

(b)    

that the offender has been informed of the right to apply for such

 

representation for the purposes of the proceedings and has had the

 

opportunity to do so, but nevertheless refused or failed to apply.

 

(3)    

In this section “the relevant time” means the time when the court is considering

 

whether to make that order.’.

 



 
 

Public Bill Committee: 25th October 2007                

184

 

Criminal Justice and Immigration Bill, continued

 
 

Sentencing of young offenders

 

Mr David Burrowes

 

Mr Edward Garnier

 

Mr Nick Hurd

 

nc7

 

To move the following Clause:—

 

‘(1)    

Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty

 

and power to refer certain young offenders to youth offender panels) is amended

 

as follows.

 

(2)    

Omit subsection (2).

 

(3)    

In subsection (6) omit “(2) or”.

 

(4)    

In consequence of the amendments made by this section, the heading to section

 

16 becomes “Power to refer certain young offenders to youth offender panels”.

 

(5)    

Section 17 of that Act (the referral conditions) is amended as follows.

 

(6)    

In subsection (1)—

 

(a)    

for “16(2)” substitute “16(3)”, and

 

(b)    

for “compulsory” substitute “discretionary”.

 

(7)    

In subsection (1A) after “conditions”, insert “also”.

 

(8)    

In subsection (3)—

 

(a)    

omit “the compulsory referral conditions or”, and

 

(b)    

for “16(2) or (3) above (as the case may be)” substitute “16(3) above”.

 

(9)    

In section 19 of that Act (making of referral orders: effect on court’s other

 

sentencing powers) omit subsection (7).’.

 


 

Paying for sexual services

 

Mr Philip Hollobone

 

NC8

 

To move the following Clause:—

 

‘(1)    

A person (A) commits an offence if—

 

(a)    

he intentionally obtains for himself the sexual services of another person

 

(B), and

 

(b)    

before obtaining those services, he has made or promised payment for

 

those services to B or a third person, or knows that another person has

 

made or promised such a payment.

 

(2)    

In this section “payment” means any financial advantage, including the discharge

 

of an obligation to pay or the provision of goods or services (including sexual

 

services) gratuitously or at a discount.

 

(3)    

A person guilty of an offence under this section is liable on summary conviction,

 

to imprisonment for a term not exceeding 6 months or a fine not exceeding the

 

statutory maximum or both.’.

 



 
 

Public Bill Committee: 25th October 2007                

185

 

Criminal Justice and Immigration Bill, continued

 
 

Intensive supervision and surveillance order

 

Mr David Heath

 

David Howarth

 

NC9

 

To move the following Clause:—

 

‘(1)    

Where a person aged between 12 and 18 is convicted of an offence, the court by

 

or before which the person is convicted may in accordance with paragraph 2A of

 

Schedule 1 make an intensive supervision and surveillance order.

 

(2)    

But a court may only make an intensive supervision and surveillance order if—

 

(a)    

the court is dealing with the offender for an offence which is punishable

 

with imprisonment,

 

(b)    

the court is of the opinion that the offence, or the combination of the

 

offence and one or more offences associated with it, was so serious that,

 

but for paragraph 2A of Schedule 1, a custodial sentence would be

 

appropriate, and

 

(c)    

if the offender was aged under 15 at the time of conviction, the court is

 

of the opinion that the offender is a persistent offender.

 

(3)    

Schedule 1 makes further provision about intensive supervision and surveillance

 

orders.

 

(4)    

This section is subject to—

 

(a)    

sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions

 

on community sentences etc.), and

 

(b)    

the provisions of Parts 1 and 3 of Schedule 1.’.

 


 

Restriction on use of detention and training order

 

Mr David Heath

 

David Howarth

 

NC10

 

To move the following Clause:—

 

‘(1)    

In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b),

 

insert—

 

“(c)    

in relation to an offence committed after the commencement of section

 

[Intensive supervision and surveillance order] of the Criminal Justice

 

and Immigration Act 2008, unless he has previously received an

 

intensive supervision and surveillance order under that section.”.’.

 


 

Attendance centre orders

 

Mr David Heath

 

David Howarth

 

NC11

 

To move the following Clause:—


 
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