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Public Bill Committee: 29th November 2007                

712

 

Criminal Justice and Immigration Bill, continued

 
 

“(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—

 

“(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.”.’.

 



 
 

Public Bill Committee: 29th November 2007                

713

 

Criminal Justice and Immigration Bill, continued

 
 

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

 

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.’.

 



 
 

Public Bill Committee: 29th November 2007                

714

 

Criminal Justice and Immigration Bill, continued

 
 

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

 

(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.’.

 



 
 

Public Bill Committee: 29th November 2007                

715

 

Criminal Justice and Immigration Bill, continued

 
 

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—

 

“(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:—


 
 

Public Bill Committee: 29th November 2007                

716

 

Criminal Justice and Immigration Bill, continued

 
 

‘(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.

 

(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:—


 
 

Public Bill Committee: 29th November 2007                

717

 

Criminal Justice and Immigration Bill, continued

 
 

‘(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.”’.

 


 

Extension of a referral order

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

nc15

 

To move the following Clause:—

 

‘(1)    

Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended

 

as follows.

 

(2)    

In paragraph 5(1) for “power” substitute “powers”.

 

(3)    

For paragraph 5(2) substitute—

 

“(2)    

Those powers are the powers to revoke the referral order (or each of the

 

referral orders) or extend it by up to 3 months.”.

 

(4)    

In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order

 

for an offence specified in sub-paragraph (4).”.


 
 

Public Bill Committee: 29th November 2007                

718

 

Criminal Justice and Immigration Bill, continued

 
 

(5)    

In paragraph 5(6) after “The appropriate court may not exercise the” insert

 

“revocation”.’.

 


 

Accommodation in which persons aged under 18 may be detained

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC16

 

To move the following Clause:—

 

‘(1)    

No person aged under 18 shall be detained in a young offender institution or a

 

secure training centre unless the Secretary of State certifies that he can be

 

detained safely.

 

(2)    

In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000

 

(meaning of “youth detention accommodation”)—

 

(a)    

omit paragraphs (a) and (b); and

 

(b)    

in paragraph (c) after “by order specify” insert “but not including a secure

 

training centre or young offender institution”.

 

(3)    

At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act

 

2000 (detention under sections 90 and 91: place of detention etc.) substitute the

 

full stop for a comma.

 

(4)    

At the end of section 92(1) insert “provided that such place is not a secure training

 

centre or young offender institution”.

 

(5)    

Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969.

 

(6)    

Omit section 98 of the Crime and Disorder Act 1998.’.

 


 

Detention of persons believed to have committed an immigration offence

 

Mr Philip Hollobone

 

NC17

 

To move the following Clause:—

 

‘(1)    

If a constable has reasonable grounds to believe that a person (“P”)—

 

(a)    

has committed an offence under the Immigration Acts, and

 

(b)    

has not taken reasonable steps to regularize his immigration status with

 

the Borders and Immigration Agency,

 

he must immediately detain P in custody.

 

(2)    

P may be detained until—

 

(a)    

the Borders and Immigration Agency has assumed responsibility for P, or

 

(b)    

the period of 48 hours has elapsed,

 

whichever is the earlier.

 

(3)    

The constable must, immediately after detaining P, inform the Borders and

 

Immigration Agency of the circumstances.

 

(4)    

The Borders and Immigration Agency must—


 
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