House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Notices of Amendments: 18th October 2007
89

Criminal Justice and Immigration Bill, continued

‘Commissioner’.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

159

Clause  37,  page  26,  line  34,  leave out subsection (7).

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

160

Clause  37,  page  26,  line  42,  leave out subsection (10).

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

161

Schedule  6,  page  154,  line  30,  leave out ‘send’ and insert ‘lay’.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

162

Schedule  6,  page  154,  line  30,  leave out ‘to the Secretary of State’ and insert

‘before both Houses of Parliament’.

Mr David Heath

David Howarth

163

Clause  1,  page  1,  line  8,  at end insert ‘for a maximum of 3 years’.

Mr David Heath

David Howarth

164

Clause  1,  page  1,  line  5,  after ‘aged’, insert ‘over 10 and’.

Mr David Heath

David Howarth

165

Clause  1,  page  1,  line  5,  after ‘aged’, insert ‘over 12 and’.

Mr David Heath

David Howarth

166

Clause  1,  page  1,  line  5,  after ‘aged’, insert ‘over 14 and’.

Notices of Amendments: 18th October 2007
90

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

167

Clause  1,  page  2,  line  10,  after ‘Schedule),’, insert—

‘(ma)
a substance treatment requirement (see paragraph 23A of that

Schedule).’.

Mr David Heath

David Howarth

168

Schedule  1,  page  97,  line  30,  at end insert—

‘Substance treatment requirement

23A(2)
In this Part of the Act, “substance treatment requirement”, in relation to a youth

rehabilitation order, means a requirement that the offender must submit, during

a period or periods specified in the order, to treatment, by or under the direction

of a person so specified having the necessary qualifications (“the treatment

provider”), with a view to the reduction or elimination of the offender’s

dependency on or propensity to misuse substances.

      (3)
A court may not include a substance treatment requirement in a youth

rehabilitation order unless it is satisfied—

(a)
that the offender is dependent on, or has a propensity to misuse,

substances, and

(b)
that the offender’s dependency on or propensity is such as requires and

may be susceptible to treatment.

      (4)
The treatment required during a period specified under sub-paragraph (1) must

be such one of the following kinds of treatment as may be specified in the

youth rehabilitation order—

(a)
treatment as a resident in such institution or place as may be specified

in the order, or

(b)
treatment as a non-resident at such institution or place, and at such

intervals, as may be so specified, but the order must not otherwise

specify the nature of the treatment.

      (5)
A court may not include a substance treatment requirement in a youth

rehabilitation order unless—

(a)
the court has been notified by the Secretary of State that arrangements

for implementing substance treatment requirements are in force in the

local justice area in which the offender resides or is to reside,

(b)
the court is satisfied that arrangements have been or can be made for

the treatment intended to be specified in the order (including, where

the offender is to be required to submit to treatment as a resident,

arrangements for the reception of the offender),

(c)
the requirement has been recommended to the court as suitable for the

offender by a member of a youth offending team or by an officer of a

local probation board, and

(d)
where the offender is aged 14 or over at the time that the requirement

is imposed, the offender has expressed willingness to comply with the

requirement.

      (6)
In this paragraph “substance” means any substance, whether in liquid, solid or

gaseous form.’.

Notices of Amendments: 18th October 2007
91

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

169

Schedule  1,  page  100,  line  37,  at end insert—

‘Emotional and intellectual maturity

27A
Before making a youth rehabilitation order, the court must obtain and consider

information about the offender’s age and emotional and intellectual maturity.’.

Mr David Heath

David Howarth

170

Schedule  1,  page  100,  line  37,  at end insert—

‘Welfare and well-being

27B
Before making a youth rehabilitation order, the court must obtain and consider

information about what requirements would be in the best interests of the

welfare and well-being of the child.’.

Mr David Heath

David Howarth

171

Schedule  1,  page  86,  line  22,  at end insert—

‘(aa)
that the imposition of a fostering requirement would tend to improve

the circumstances in which the offender was living, and’.

Mr David Heath

David Howarth

172

Clause  5,  page  3,  line  39,  after ‘take’, insert ‘reasonable’.

Mr David Heath

David Howarth

173

Clause  5,  page  4,  line  11,  at end insert ‘within a reasonable period of time’.

Mr David Heath

David Howarth

174

Schedule  1,  page  86,  line  19,  at end insert ‘, after considering advice from

children’s services and the youth offending team,’.

Detention of persons believed to have committed an immigration offence

Mr Philip Hollobone

NC17

To move the following Clause:—

‘(1)
If a constable has reasonable grounds to believe that a person (“P”)—

(a)
has committed an offence under the Immigration Acts, and

(b)
has not taken reasonable steps to regularize his immigration status with

the Borders and Immigration Agency,

Notices of Amendments: 18th October 2007
92

Criminal Justice and Immigration Bill, continued

he must immediately detain P in custody,

(2)
P may be detained until—

(a)
the Borders and Immigration Agency has assumed responsibility for P, or

(b)
the period of 48 hours has elapsed,

whichever is the earlier.

(3)
The constable must, immediately after detaining P, inform the Borders and

Immigration Agency of the circumstances.

(4)
The Borders and Immigration Agency must—

(a)
ensure that an officer of the Agency meets P, and

(b)
take all other reasonable steps to determine P’s immigration status,

within 48 hours of P’s being detained.’.

Offences under football banning order

Mr Philip Hollobone

NC18

To move the following Clause:—

‘If a constable has reasonable grounds to believe that a person (“P”) is about to

breach the terms of a football banning order, he may require P to present his

passport.’.

Mr David Hanson

175

Clause  13,  page  9,  leave out lines 27 to 29 and insert—

‘(1A)
Subsection (1) applies to a court sentencing a person to—

(a)
a term of imprisonment for an offence committed before 4 April 2005, or

(b)
a term of imprisonment of less than 12 months for an offence committed

on or after that date,


as it applies to the imposition of any other term of imprisonment.’.

Mr David Hanson

176

Clause  13,  page  9,  line  34,  at end insert—

‘(5)
Any saving by virtue of which section 84 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released

prisoners) continues to apply in certain cases (despite the repeal of that section by

the Criminal Justice Act 2003) shall cease to have effect.’.

Mr David Hanson

177

Schedule  21,  page  220,  line  5,  at end insert—

‘8A
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) has effect subject

to the following amendments.’.

Mr David Hanson

178

Schedule  21,  page  220,  line  6,  leave out from ‘19(4)’ to end of line.

Notices of Amendments: 18th October 2007
93

Criminal Justice and Immigration Bill, continued

Mr David Hanson

179

Schedule  21,  page  220,  line  10,  at end insert—

‘9A
In section 116 (power to order return to prison where offence committed

during original sentence), in subsection (7), for “section 84 above” substitute

“section 265 of the Criminal Justice Act 2003 (restriction on consecutive

sentences for released prisoners)”.’.

Mr David Hanson

180

Schedule  21,  page  221,  line  15,  at end insert—

‘Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving

Provisions) Order 2005 (S.I. 2005/950)

17A
In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003

(Commencement No. 8 and Transitional and Saving Provisions) Order 2005

(saving from certain provisions of the Criminal Justice Act 2003 for sentences

of imprisonment of less than 12 months), for “sections 244 to 268” substitute

“sections 244 to 264 and 266 to 268”.’.

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