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| |
| |
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| | (b) | amend or repeal an exception for the time being specified in that |
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| | |
| | (c) | specify further circumstances in which subsection (8) does not apply. |
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| | (7) | The power in subsection (6) may not be exercised so as to have the effect of |
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| | removing or limiting an exception contained in section (Northern Ireland |
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| | Commissioner for Prison Complaints: disclosure of information etc.)(3)(a) or (b) |
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| | |
| | (8) | The power under section 123(3)(c) to make consequential provision in an order |
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| | under this section includes power to modify this or any other Act or any |
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| | subordinate legislation, or any Northern Ireland legislation or instrument made |
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| | under Northern Ireland legislation, whenever passed or made. |
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| | (9) | Nothing in subsection (2), (4) or (7) prevents a power under this section being |
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| | used to remove any provision that is spent.’. |
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| |
| | Northern Ireland Commissioner for Prison Complaints: power to confer new functions |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by order make provision (whether by amending this |
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| | Part or otherwise) for or in connection with— |
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| | (a) | the conferring of additional functions on the Commissioner; |
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| | (b) | the conferring of functions on the Secretary of State in relation to any |
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| | additional function conferred on the Commissioner. |
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| | (2) | The power under section 123(3)(c) to make consequential provision in an order |
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| | under this section includes power to modify this or any other Act or any |
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| | subordinate legislation, or any Northern Ireland legislation or instrument made |
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| | under Northern Ireland legislation, whenever passed or made.’. |
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| |
| | Further amendments relating to appeals in criminal cases |
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| |
| | |
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| To move the following Clause:— |
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| | ‘Schedule (Appeals in criminal cases) amends the Criminal Appeal Act 1968 |
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| | (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts |
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| | relating to appeals in criminal cases.’. |
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| |
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| |
| |
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| | Amendments to armed forces legislation |
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| |
| | |
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| To move the following Clause:— |
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| | ‘Schedule (Amendments to armed forces legislation) contains— |
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| | (a) | amendments to armed forces legislation (which make provision for |
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| | service courts etc. corresponding to other provisions of this Act); and |
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| | (b) | transitional provision relating to certain of those amendments.’. |
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| |
| | Unlicensed on-street racing |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Police Reform Act 2002 (c.30) is amended as follows. |
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| | (2) | After section 59(2) insert— |
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| | “(2A) | A constable in uniform shall also have the powers set out in subsection |
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| | (3) where he has reasonable grounds for believing that a motor vehicle— |
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| | (a) | is acting with others in a way which appears to have involved, or |
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| | is likely to involve, unlicensed on-street racing, and |
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| | (b) | is causing, or is likely to cause, alarm, distress or annoyance of |
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| | members of the public.”.’. |
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| |
| | Amendment of the Criminal Law Act 1967 |
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| |
| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act 1967 (c. 58) is amended as follows. |
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| | (2) | In section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | |
| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | |
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| |
| |
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| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary).”.’. |
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| |
| | Amendment of the Criminal Law Act (Northern Ireland) 1967 |
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| |
| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Criminal Law Act (Northern Ireland) 1967 (c. 18 NI)) is amended as follows. |
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| | (2) | In section 3 (use of force in making arrest, etc.), after subsection (1), insert— |
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| | “(1A) | Where a person uses force in the prevention of crime or in the defence of |
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| | persons or property on another who is in any building or part of a building |
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| | having entered as a trespasser or is attempting so to enter, that person |
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| | shall not be guilty of any offence in respect of the use of that force |
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| | |
| | (a) | the degree of force used was grossly disproportionate, and |
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| | (b) | this was or ought to have been apparent to the person using such |
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| | |
| | (1B) | No prosecution shall be brought against a person subject to subsection |
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| | (1A) without the leave of the Attorney General. |
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| | (1C) | In this section “building or part of a building” shall have the same |
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| | meaning as in section 9 of the Theft Act (Northern Ireland) 1969 (c. 16 |
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| | |
| |
| | Indeterminate sentences: determination of tariffs |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | (determination of tariffs in cases where the sentence is not fixed by law) is |
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| | |
| | (2) | For subsections (2) to (4A) substitute— |
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|
|
| |
| |
|
| | “(1A) | The court shall have a complete discretion to set the minimum period to |
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| | be served in custody by an offender subject to a discretionary life |
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| | sentence for public protection. |
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| | (1B) | In setting that period the court must take into account— |
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| | (a) | the seriousness of the offence, |
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| | (b) | the danger to the public represented by the offender, |
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| | (c) | the impact of the offence on the victim, his family and the local |
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| | community where the offence took place, |
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| | (d) | the offender’s previous criminal record, |
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| | (e) | the need for rehabilitation of the offender, and |
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| | (f) | any other factor the court considers relevant.”.’. |
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| |
| | Consecutive terms of imprisonment |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act |
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| | 2003 (c. 44) is amended as follows. |
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| | (2) | For subsection (7) substitute— |
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| | “(6A) | Where a court imposes two or more terms of imprisonment in accordance |
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| | with this section to be served consecutively, the court shall have |
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| | complete discretion to set the aggregate length of the terms of |
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| | imprisonment subject to a maximum of 65 weeks and may suspend all or |
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| | part of the total period of imprisonment.”.’. |
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| |
| | Preconditions to imposing a youth rehabilitation order |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A court may not make a youth rehabilitation order in respect of an offender |
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| | |
| | (a) | the offender was legally represented at the relevant time in court, or |
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| | (b) | either of the conditions in subsection (2) is satisfied. |
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| | (2) | Those conditions are— |
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| | (a) | that the offender was granted a right to representation funded by the |
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| | Legal Services Commission as part of the Criminal Defence Service for |
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| |
| |
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| | the purposes of the proceedings but the right was withdrawn because of |
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| | the offender’s conduct, or |
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| | (b) | that the offender has been informed of the right to apply for such |
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| | representation for the purposes of the proceedings and has had the |
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| | opportunity to do so, but nevertheless refused or failed to apply. |
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| | (3) | In this section “the relevant time” means the time when the court is considering |
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| | whether to make that order.’. |
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| |
| | Sentencing of young offenders |
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| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty |
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| | and power to refer certain young offenders to youth offender panels) is amended |
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| | |
| | |
| | (3) | In subsection (6) omit “(2) or”. |
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| | (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”. |
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| | (5) | Section 17 of that Act (the referral conditions) is amended as follows. |
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| | |
| | (a) | for “16(2)” substitute “16(3)”, and |
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| | (b) | for “compulsory” substitute “discretionary”. |
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| | (7) | In subsection (1A) after “conditions”, insert “also”. |
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| | |
| | (a) | omit “the compulsory referral conditions or”, and |
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| | (b) | for “16(2) or (3) above (as the case may be)” substitute “16(3) above”. |
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| | (9) | In section 19 of that Act (making of referral orders: effect on court’s other |
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| | sentencing powers) omit subsection (7).’. |
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| |
| | Paying for sexual services |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person (A) commits an offence if— |
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| | (a) | he intentionally obtains for himself the sexual services of another person |
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| | |
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| |
| |
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| | (b) | before obtaining those services, he has made or promised payment for |
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| | those services to B or a third person, or knows that another person has |
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| | made or promised such a payment. |
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| | (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 |
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| | services) gratuitously or at a discount. |
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| | (3) | A person guilty of an offence under this section is liable on summary conviction, |
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| | to imprisonment for a term not exceeding 6 months or a fine not exceeding the |
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| | statutory maximum or both.’. |
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| |
| | Intensive supervision and surveillance order |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where a person aged between 12 and 18 is convicted of an offence, the court by |
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| | or before which the person is convicted may in accordance with paragraph 2A of |
|
| | Schedule 1 make an intensive supervision and surveillance order. |
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| | (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 |
|
| | |
| | (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 |
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| | |
| | (c) | if the offender was aged under 15 at the time of conviction, the court is |
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| | of the opinion that the offender is a persistent offender. |
|
| | (3) | Schedule 1 makes further provision about intensive supervision and surveillance |
|
| | |
| | (4) | This section is subject to— |
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| | (a) | sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions |
|
| | on community sentences etc.), and |
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| | (b) | the provisions of Parts 1 and 3 of Schedule 1.’. |
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| |
| | Restriction on use of detention and training order |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b), |
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| | |
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| |
| |
|
| | “(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 |
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| | intensive supervision and surveillance order under that section.”.’. |
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| |
| | |
| |
| |
| | |
| 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 |
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| | |
| | (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 |
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| | |
| |
| | Duty of court to inform local authority where a child is at risk of significant harm |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Subsection (2) applies where— |
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| | (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. |
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|