House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd November 2007
496

Criminal Justice and Immigration Bill, continued

2
A person who has at any time been sentenced in the United Kingdom,

the Channel Islands or the Isle of Man—

(a)
to imprisonment for life, detention for life or custody for life,

(b)
to detention during her Majesty’s pleasure or during the

pleasure of the Secretary of State,

(c)
to imprisonment for public protection or detention for public

protection,

(d)
to an extended sentence under section 227 or 228 of the

Criminal Justice Act 2003 or section 210A of the Criminal

Procedure (Scotland) Act 1995, or

(e)
to a term of imprisonment of five years or more or a term of

detention of five years or more.

3
A person who at any time in the last 10 years has—

(a)
in the United Kingdom, the Channel Islands or the Isle of

Man—

(i)
served any part of a sentence of imprisonment or a

sentence of detention, or

(ii)
had passed on him a suspended sentence of

imprisonment or had made in respect of him a

suspended order for detention,

(b)
in England and Wales, had made in respect of him a

community order under section 177 of the Criminal Justice

Act 2003, a community rehabilitation order, a community

punishment order, a community punishment and

rehabilitation order, a drug treatment and testing order or a

drug abstinence order, or

(c)
had made in respect of him any corresponding order under the

law of Scotland, Northern Ireland, the Isle of Man or any of

the Channel Islands.

4
For the purposes of this Schedule—

(a)
a sentence passed by a court-martial is to be treated as having

been passed in the United Kingdom, and

(b)
a person is sentenced to a term of detention if, but only if—

(i)
a court passes on him, or makes in respect of him on

conviction, any sentence or order which requires him

to be detained in custody for any period, and

(ii)
the sentence or order is available only in respect of

offenders below a certain age,


and any reference to serving a sentence of detention is to be

construed accordingly.”’.

Public Bill Committee: 22nd November 2007
497

Criminal Justice and Immigration Bill, continued

Hatred on grounds of sexual orientation

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC49

To move the following Clause:—

‘(1)
Save where expressly limited by subsection (2) below, nothing in this section

affects any person’s right—

(a)
to respect for private and family life, his home and his correspondence;

(b)
to freedom of thought, conscience and religion, including the right to

change his religion or belief and freedom, either alone or in community

with others and in public or private, to manifest his religion or belief, in

worship, teaching, practice and observance;

(c)
to freedom of expression, including the freedom to hold opinions and to

receive and impart information and ideas without interference by any

person or public authority;

(d)
to freedom of peaceful assembly and to freedom of association with

others.

(2)
It is an offence whether by words or acts for any person to do, or to incite any

other person to do, any act with the intention of causing physical or mental harm

to any person or group of persons on the basis of hatred of their sexual orientation

or presumed sexual orientation.

(3)
In this section “words” and “acts” include the making known to any third party

of oral, written or printed words by any method of publication including

electronic, wireless or internet media, and an offence under this section may be

committed in a public or a private place.

(4)
Where a body corporate is guilty of an offence under this section and it is shown

that the offence was committed with the consent or connivance of a director,

manager, secretary or other similar officer of the body, or a person purporting to

act in any such capacity, he as well as the body corporate is guilty of the offence

and liable to be proceeded against and punished accordingly.

(5)
Where the affairs of the body corporate are managed by its members, subsection

(4) applies in relation to the acts and defaults of a member in connection with his

functions of management as it applies to a director.

(6)
No criminal proceedings under this section may be initiated or continued save by

the Crown and with the permission of the Attorney General.

(7)
A person guilty of an offence under this section shall be liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

two years, or a fine, or both; or

(b)
on summary conviction, to imprisonment for a term not exceeding six

months, or a fine not exceeding the statutory maximum, or both.’.

Public Bill Committee: 22nd November 2007
498

Criminal Justice and Immigration Bill, continued

Notification of tobacco offence

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC50


To move the following Clause:—

‘(1)
The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)
In section 7 (sale of tobacco, etc, to persons under 16) after subsection (1A)

insert—

“(1B)
If an offence under subsection (1) has been committed on any premises,

the person having management functions in respect of those premises

must be notified within 14 days.”’.

Purchase of tobacco by or on behalf of children

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC51


To move the following Clause:—

‘(1)
The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)
After section 12D (inserted by section [Persistent sales of tobacco to persons

under 18] of this Act) insert—

“12E
Purchase of tobacco by or on behalf of children

(1)
An individual aged under 18 commits an offence if he buys or attempts

to buy tobacco or cigarette papers.

(2)
But subsection (1) does not apply where the individual buys or attempts

to buy the tobacco or cigarette papers at the request of—

(a)
a constable, or

(b)
a weights and measures inspector who is acting in the course of

his duty.

(3)
A person commits an offence if he buys or attempts to buy tobacco on

behalf of an individual aged under 18.

(4)
Where a person is charged with an offence under subsection (3) it is a

defence that he had not reason to suspect that the individual was aged

under 18.

(5)
A person guilty of an offence under this section is liable on summary

conviction—

(a)
in the case of an offence under subsection (1), to a fine not

exceeding level 3 of the standard scale, and

Public Bill Committee: 22nd November 2007
499

Criminal Justice and Immigration Bill, continued

(b)
in the case of an offence under subsection (3), to a fine not

exceeding level 5 on the standard scale.”’.

Non-molestation orders

Mr Harry Cohen

NC52


To move the following Clause:—

‘(1)
Section 42 of the Family Law Act 196 (non-molestation orders) (c.27) is amended

as follows.

(2)
After subsection (2)(b) insert “; or

(c)
if a chief officer of police applies for an order to be made for the benefit

of a person associated with the respondent, provided that—

(i)
the respondent resides in the chief officer’s police area, or

(ii)
the chief officer believes the respondent is in, or is intending to

come to, that area.”

(3)
After subsection (8) insert—

“(9)
For the purposes of this section a person who is associated with the

respondent can include a person who the court is satisfied is at risk of

molestation from the respondent.”’.

Rehabilitation of persons convicted of offences committed under the age of 18

Mr David Heath

David Howarth

NC53


To move the following Clause:—

‘After section 1 of the Rehabilitation of Offenders Act 1974 insert—

“1A
Rehabilitation of persons convicted of offences committed under the

age of 18

(1)
Subject to subject (2) below, where an individual has been convicted of

any offence or offences and where these were committed before the

individual attained the age of 18, then on reaching the age of 18 that

individual should automatically be treated as a rehabilitated person.

(2)
A person shall not be treated as a rehabilitated person for the purposes of

this Act under subsection (1) if the individuals offending behaviour

before the age of 18 is deemed to be serious or persistent.

(3)
The Secretary of State shall by regulations set out the criteria and

procedures for any decisions under subsection (2).

Public Bill Committee: 22nd November 2007
500

Criminal Justice and Immigration Bill, continued

(4)
Regulations made under subsection (3) shall be subject to annulment in

pursuance of either House of Parliament.”.’.

Conditional discharge

Mr David Heath

David Howarth

NC54


To move the following Clause:—

‘In the Crime and Disorder Act 1998, omit section 66(4).’.

Anti-social behaviour orders: reporting restrictions

Mr David Heath

David Howarth

NC55


To move the following Clause:—

‘(1)
Omit sections 1(10D), 1(10E) (anti-social behaviour orders) and 1C(9C) (orders

on conviction in criminal proceedings) of the Crime and Disorder Act 1998

(c.37).

(2)
In section 1c(9) of that Act (orders about anti-social behaviour on conviction in

criminal proceedings) omit ‘(10D), (10E)’.

(3)
After section 49(2)(d) of the Children and Young Persons Act 1933 (c.12)

(restrictions on reports of proceedings in which children or young persons are

concerned) insert—

“(e)
any proceedings under the Crime and Disorder Act 1998.”.’.

Anti-social behaviour orders

Mr David Heath

David Howarth

nc56

To move the following Clause:—

‘(1)
Section 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and

disorder) is amended as follows.

(2)
In subsection (7) at the end insert “or in the case of persons under 18 not less than

three months”.

(3)
In subsection (10) after “if without reasonable excuse a person” insert “over the

age of 18 years”.

Public Bill Committee: 22nd November 2007
501

Criminal Justice and Immigration Bill, continued

(4)
In subsection (10) at the end insert “or

(c)
in the case of a person below the age of 18 years, a reprimand,

warning, youth conditional warning or any sentence of the court

commensurate with the seriousness of the offence other than

imprisonment,”.

(5)
In subsection (11) after “Where a person” insert “over the age of 18 years”.’.

Restrictions on custodial sentences for offenders aged under 18

Mr David Heath

David Howarth

nc57

To move the following Clause:—

‘(1)
In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general

restrictions on imposing discretionary custodial sentences), after “general

restrictions on imposing discretionary custodial sentences”, insert “on offenders

aged 18 or above”.

(2)
In section 152(1) of that Act after “where a person”, insert “aged 18 or above”.

(3)
After section 152 of that Act insert—

“152A
Restrictions on custodial sentences for offenders aged under 18

(1)
Notwithstanding anything in this or any other Act, a court shall only pass

a sentence of custody on a person under the age of 18 as a measure of last

resort and where—

(a)
the offence committed caused or could reasonably have been

expected to cause serious physical or mental harm to another or

others, and

(b)
a custodial sentence is necessary to protect the public from a

demonstrable and imminent risk of serious physical or mental

harm.

(2)
The court shall state in open session its reasons for passing any sentence

of custody under this section.”.

(4)
In section 90 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a)
after the words “the court shall”, omit “(notwithstanding anything in this

or any other Act)”; and

(b)
after the words “at the time the offence was committed” insert “and if the

conditions set out in section 152A of the Criminal Justice Act 2003 are

met”.

(5)
In section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000, before

the words “the court may” insert “and if the conditions set out in section 152A of

the Criminal Justice Act 2003 are met.”.

(6)
In section 100 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a)
in subsection (1)(a) omit “sections 226 and 228 of the Criminal Justice

Act 2003”;

(b)
for subsection (1)(b) there is substituted—

“(b)
the court is of the opinion that the conditions set out in

section 152A of the Criminal Justice Act 2003 are met”.

Public Bill Committee: 22nd November 2007
502

Criminal Justice and Immigration Bill, continued

(7)
In the Criminal Justice Act 2003, omit sections 226 and 228.’.

Pre-sentence reports and other requirements for persons under the age of 18

Mr David Heath

David Howarth

nc58

To move the following Clause:—

‘(1)
At the end of section 156 of the Criminal Justice Act 2003 (c. 44) (procedural

requirements for imposing community sentences and discretionary custodial

sentences: pre-sentence reports and other requirements) insert—

“(9)
All provisions of this section are subject to the requirements of section

156A below in relation to offenders aged under 18.”.

(2)
After section 156 insert—

“156A
Pre-sentence reports and other requirements for persons aged under

18 before a custodial sentence may be imposed

(1)
A court shall not pass a sentence of custody on a person under the age of

18 unless it has obtained and considered a pre-sentence report which

includes information from the relevant local authority stating—

(a)
the circumstances relating to the offender and the offence or

offences of which the offender has been convicted,

(b)
whether the offender appears to be a child in need as set out in

section 17 of the Children Act 1989, and if so details of the

offender’s needs as assessed by the local authority, and

(c)
the services the local authority has provided to meet the needs of

the child or young person.

(2)
The court may require the attendance at court of a senior offical of the

relevant local authority or any other local authority in order to determine

what further services may be provided which may prevent or avoid the

need for a custodial sentence.

(3)
The court may not pass a custodial sentence unless it is satisfied—

(a)
if the offender is a child in need, that services have been provided

by the local authority which were appropriate or sufficient to

meet the child’s needs, and

(b)
that the provision of further, or any, services by the local

authority would not prevent or avoid the need for a custodial

sentence,


unless a custodial sentence is necessary to protect the public from an

imminent and demonstrable risk of serious physical or mental harm.

(4)
Each local authority must submit an annual report to the Secretary of

State and the Lord Chancellor setting out the numbers and circumstances

of all the children who have been sentenced to custody from that local

authority area.

(5)
For the purposes of this section “relevant local authority” means the local

authority in which the offender was habitually resident at the time of