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95

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 19th October 2007

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

48-73 and 75-93

 

Public Bill Committee


 

Criminal Justice and Immigration Bill

 

Mr David Heath

 

David Howarth

 

182

 

Clause  7,  page  5,  line  48,  at end insert—

 


 

‘“substance treatment requirement”, in relation to a youth rehabilitation order, has the

 

meaning given by paragraph 23A of Schedule 1;’.

 

Mr David Heath

 

David Howarth

 

183

 

Schedule  11,  page  161,  line  37,  leave out ‘more’ and insert ‘both’.

 

Mr Harry Cohen

 

184

 

Clause  64,  page  44,  line  38,  leave out ‘appears to have’ and insert ‘has’.

 

Mr Harry Cohen

 

185

 

Clause  64,  page  45,  line  2,  leave out ‘appears to have’ and insert ‘has’.

 

Mr Harry Cohen

 

186

 

Clause  64,  page  45,  line  9,  leave out ‘it appears that’.

 

Mr Harry Cohen

 

187

 

Clause  64,  page  45,  line  15,  leave out from ‘which’ to end and insert ‘results in a

 

person’s death or a life-threatening injury,’.


 
 

Notices of Amendments: 19th October 2007                

96

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Harry Cohen

 

188

 

Clause  64,  page  45,  line  16,  leave out from first ‘in’ to end.

 

Mr Harry Cohen

 

189

 

Clause  64,  page  45,  line  18,  leave out ‘or appears to involve’.

 

Mr Harry Cohen

 

190

 

Clause  64,  page  45,  line  20,  leave out ‘or appearing to perform’.

 

Mr Harry Cohen

 

191

 

Clause  64,  page  45,  line  22,  leave out ‘or appears to be’.

 

Mr Harry Cohen

 

192

 

Clause  65,  page  45,  line  37,  after ‘is’, insert—

 

‘(a)    

an image of an act to which all participants in the production have

 

consented,

 

(b)    

an image the production of which involves fictional or staged acts

 

performed by consenting actors,

 

(c)    

an image produced for the purpose of responsible education, or

 

(d)    

’.

 

Youth rehabilitation orders: report to Parliament

 

Mr Harry Cohen

 

nc19

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on—

 

(a)    

the administrative changes he proposes to put in place to further the

 

welfare and development of children subject to youth rehabilitation

 

orders, and

 

(b)    

arrangements for pre-court procedures and post-court joint working of

 

agencies with a view to minimising court involvement.’.

 

Child offenders: report to Parliament

 

Mr Harry Cohen

 

nc20

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on the level of increased funding for

 

youth offending teams and partner agencies involved in dealing with child

 

offenders.’.


 
 

Notices of Amendments: 19th October 2007                

97

 

Criminal Justice and Immigration Bill, continued

 
 

Restraint of child offenders: report to Parliament

 

Mr Harry Cohen

 

nc21

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on safe restraint practices for child

 

offenders.’.

 

Mr Harry Cohen

 

193

 

Clause  9,  page  6,  line  26,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

194

 

Clause  9,  page  6,  line  28,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

195

 

Clause  9,  page  6,  line  31,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

196

 

Clause  9,  page  7,  line  18,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

197

 

Clause  9,  page  7,  line  25,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

198

 

Clause  9,  page  7,  line  34,  leave out ‘18’ and insert ‘19’.

 

Orders to promote rehabilitation of persons paying for the sexual services of a prostitute

 

Mr Harry Cohen

 

nc22

 

To move the following Clause:—

 

‘(1)    

The Street Offences Act 1959 (c. 57) is amended as follows.

 

(2)    

After section 1A (inserted by section [Orders to promote rehabilitation] of this

 

Act) insert—

 

“1B    

Orders to promote rehabilitation of persons paying for the sexual

 

services of a prostitute who has been trafficked

 

(1)    

This subsection applies to any person who has paid for the sexual

 

services of a prostitute who has been trafficked.

 

(2)    

The court may make an order under this subsection requiring a person to

 

whom subsection (1) applies to attend three meetings with the person for

 

the time being specified in the order (“the supervisor”) or with such other

 

person as the supervisor may direct.


 
 

Notices of Amendments: 19th October 2007                

98

 

Criminal Justice and Immigration Bill, continued

 
 

(3)    

The purpose of any order under subsection (2) is to promote the person’s

 

rehabilitation by assisting him, through attendance at those meetings,

 

to—

 

(a)    

address the causes of his conduct, and

 

(b)    

find ways to cease engaging in such conduct in the future.

 

(4)    

Section 1A applies where a court proposes to make an order under

 

subsection (2) as if the person subject to the order were the offender.”’.

 

Protection of vulnerable persons following conviction

 

Mr Harry Cohen

 

nc23

 

To move the following Clause:—

 

‘(1)    

The Magistrates’ Courts Act 1980 (c. 43) is amended as follows.

 

(2)    

After section 11 insert—

 

“11A  

Protection of vulnerable persons following conviction

 

(1)    

Where a court has proceeded in the absence of an accused under section

 

11 and following conviction the court or its officers are informed or

 

discover that the convicted person falls into a vulnerable category as laid

 

down by page 9 of the National Standards for Enforcement Agents, no

 

further steps under a fines collection order or enforcement measure shall

 

be taken until the court has held an inquiry into the means and

 

circumstances of the convicted person in his/her presence.

 

(2)    

When conducting an inquiry into means and circumstances of the

 

convicted persons under subsection (1) the court shall also consider

 

whether any other occupant of the property in which the convicted person

 

resides falls into a vulnerable category.

 

(3)    

Where on having conducted the inquiries required by subsection (1) in

 

the presence of the convicted person who is subject to the fine, and

 

having considered the situation of any other occupant required by

 

subsection (2), the court may vary the level of fine imposed on the

 

convicted person or substitute it with another penalty it considers

 

appropriate.

 

(4)    

Where, on having conducted the inquiries required by subsection (1) in

 

the presence of the convicted person and having consdered the situation

 

of any other occupant as required by subsection (2), the court may place

 

such restrictions on enforcement as it sees fit and amend any fines

 

collection order as it sees fit, including withdrawing or cancelling the

 

order.

 

(5)    

Where the court or its officers are informed or discover that a convicted

 

person falls or is likely to fall into a vulnerable category any warrant of

 

distress issued will be suspended and returned to the court for further

 

consideration.”’.

 


 
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