House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd November 2007
482

Criminal Justice and Immigration Bill, continued

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

but

(b)
the Lord Chancellor is not required by section 78 or (Requests from other

member States: Northern Ireland) to give the documents to a designated

officer for a local justice area in England and Wales or to a clerk of petty

sessions for a petty sessions district in Northern Ireland.

(2)
If the certificate states that the person is normally resident or has property or a

source of income in Scotland, the Lord Chancellor must give the documents to

the central authority for Scotland.’.

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

Mr Philip Hollobone

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.

Public Bill Committee: 22nd November 2007
483

Criminal Justice and Immigration Bill, continued

(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

Mr Philip Hollobone

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—

Public Bill Committee: 22nd November 2007
484

Criminal Justice and Immigration Bill, continued

“(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.”.’.

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

Public Bill Committee: 22nd November 2007
485

Criminal Justice and Immigration Bill, continued

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.’.

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

Public Bill Committee: 22nd November 2007
486

Criminal Justice and Immigration Bill, continued

(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.’.

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—

Public Bill Committee: 22nd November 2007
487

Criminal Justice and Immigration Bill, continued

“(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:—

‘(1)
Section 62 of the Powers of Criminal Courts (Sentencing) Act 2000 (attendance

centre orders) is amended as follows.

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

(5)
After subsection (4) insert—

“(5) For the purpose of providing attendance centres, youth offending teams

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

their premises.”’.

Duty of court to inform local authority where a child is at risk of significant harm

Mr David Heath

David Howarth

NC12

To move the following Clause:—

‘(1)
Subsection (2) applies where—

(a)
it appears to a court, in relation to a child or young person, that there is

reasonable cause to suspect that the child or young person is suffering, or

is likely to suffer, significant harm, and

(b)
the court is not satisfied that an investigation is taking place under section

47 of the Children Act 1989 by a relevant local authority in relation to

that child or young person.

(2)
Where this subsection applies, the court shall forthwith—

(a)
inform all relevant local authorities that subsection (1) above is satisfied

in relation to the child or young person, and

(b)
request all relevant local authorities that an investigation be carried out

by them under section 47 of the Children Act 1989.

Public Bill Committee: 22nd November 2007
488

Criminal Justice and Immigration Bill, continued

(3)
In this section, a local authority is a “relevant local authority” if it is a local

authority in whose area—

(a)
the court is located, or

(b)
the child or young person lives.’.

Principal aim of the youth justice system

Mr David Heath

David Howarth

NC13

To move the following Clause:—

‘(1)
Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice

system) is amended as follows.

(2)
In subsection (1), after “preventing offending” insert “(including re-offending)”.

(3)
At end insert—

“(3)
Subsection (2) above is subject to section 142A(2) of the Criminal Justice

Act 2003 (which requires a court to have a regard primarily to the welfare

and well-being of offenders aged under 18 in accordance with its duties

under section 44 of the Children and Young Persons Act 1933).”.’.

Courts to have regard to the welfare and well-being of offenders under 18

Mr David Heath

David Howarth

nc14

To move the following Clause:—

‘(1)
Section 44 of the Children and Young Persons Act 1933 (principles to be

observed by all courts in dealing with children and young persons: general

considerations) is amended as follows.

(2)
In subsection (1) after “shall have regard to the welfare”, insert “and well-being”.

(3)
After subsection (1) insert—

“(1A)
In complying with their duties under subsection (1), courts shall have

regard in particular to the following matters—

(a)
in respect of welfare, the matters set out in section 1(3) of the

Children Act 1989; and

(b)
in respect of well-being, the matters set out in section 10(2) of the

Children Act 2004.”’.