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Public Bill Committee: 23rd October 2007                

145

 

Criminal Justice and Immigration Bill, continued

 
 

Restraint of child offenders: report to Parliament

 

Mr Harry Cohen

 

nc21

 

Parliamentary Star - white    

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.’.

 


 

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

 

Mr Harry Cohen

 

nc22

 

Parliamentary Star - white    

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.

 

(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.”’.

 



 
 

Public Bill Committee: 23rd October 2007                

146

 

Criminal Justice and Immigration Bill, continued

 
 

Protection of vulnerable persons following conviction

 

Mr Harry Cohen

 

nc23

 

Parliamentary Star - white    

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.”’.

 


 

Provision of attendance centres

 

Mr David Heath

 

David Howarth

 

NC24

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 221 of the Criminal Justice Act 2003 (c. 44) (provision of attendance

 

centres) is amended as follows.


 
 

Public Bill Committee: 23rd October 2007                

147

 

Criminal Justice and Immigration Bill, continued

 
 

(2)    

In subsection (1) after “provide attendance centres”, insert “for offenders aged 18

 

and under 21; and through the Youth Justice Board to provide funding for

 

attendance centres for offenders aged 10 and under 18”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

Youth offending teams may provide attendance centres for offenders

 

aged 10 and under 18.”.

 

(4)    

In subsection (2) for “25” substitute “21”.

 

(5)    

In subsection (3) after “centres”, insert “for offenders aged 18 and under 21”.

 

(6)    

After subsection (3) insert—

 

“(4)    

For the purpose of providing attendance centres, youth offending teams

 

may make arrangements with any authority or organisation for the use of

 

their premises.”’.

 

 

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.

 

 

orders of the committee [16th and 18th 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;


 
 

Public Bill Committee: 23rd October 2007                

148

 

Criminal Justice and Immigration Bill, continued

 
 

(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 3.45 p.m.

Local Government Association

 
 

Thursday 18th October

Until no later than 4.30 p.m.

Evangelical Alliance

 
 

(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.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Mr David Hanson

 

177

 

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


 
 

Public Bill Committee: 23rd October 2007                

149

 

Criminal Justice and Immigration Bill, continued

 
 

‘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.

 


 
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