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| | manager, secretary or other similar officer of the body, or a person purporting to |
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| | act in any such capacity, he as well as the body corporate is guilty of the offence |
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| | and liable to be proceeded against and punished accordingly. |
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| | (5) | Where the affairs of the body corporate are managed by its members, subsection |
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| | (4) applies in relation to the acts and defaults of a member in connection with his |
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| | functions of management as it applies to a director. |
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| | (6) | No criminal proceedings under this section may be initiated or continued save by |
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| | the Crown and with the permission of the Attorney General. |
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| | (7) | A person guilty of an offence under this section shall be liable— |
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| | (a) | on conviction on indictment, to imprisonment for a term not exceeding |
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| | two years, or a fine, or both; or |
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| | (b) | on summary conviction, to imprisonment for a term not exceeding six |
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| | months, or a fine not exceeding the statutory maximum, or both.’. |
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| |
| | Notification of tobacco offence |
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| To move the following Clause:— |
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| | ‘(1) | The Children and Young Persons Act 1933 (c. 12) is amended as follows. |
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| | (2) | In section 7 (sale of tobacco, etc, to persons under 16) after subsection (1A) |
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| | |
| | “(1B) | If an offence under subsection (1) has been committed on any premises, |
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| | the person having management functions in respect of those premises |
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| | must be notified within 14 days.”’. |
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| |
| | Purchase of tobacco by or on behalf of children |
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| To move the following Clause:— |
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| | ‘(1) | The Children and Young Persons Act 1933 (c. 12) is amended as follows. |
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| | (2) | After section 12D (inserted by section [Persistent sales of tobacco to persons |
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| | under 18] of this Act) insert— |
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| | “12E | Purchase of tobacco by or on behalf of children |
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| | (1) | An individual aged under 18 commits an offence if he buys or attempts |
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| | to buy tobacco or cigarette papers. |
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| | (2) | But subsection (1) does not apply where the individual buys or attempts |
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| | to buy the tobacco or cigarette papers at the request of— |
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| | |
| | (b) | a weights and measures inspector who is acting in the course of |
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| | |
| | (3) | A person commits an offence if he buys or attempts to buy tobacco on |
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| | behalf of an individual aged under 18. |
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| | (4) | Where a person is charged with an offence under subsection (3) it is a |
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| | defence that he had not reason to suspect that the individual was aged |
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| | |
| | (5) | A person guilty of an offence under this section is liable on summary |
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| | |
| | (a) | in the case of an offence under subsection (1), to a fine not |
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| | exceeding level 3 of the standard scale, and |
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| | (b) | in the case of an offence under subsection (3), to a fine not |
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| | exceeding level 5 on the standard scale.”’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 42 of the Family Law Act 1996 (non-molestation orders) (c.27) is |
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| | |
| | (2) | After subsection (2)(b) insert “; or |
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| | (c) | if a chief officer of police applies for an order to be made for the benefit |
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| | of a person associated with the respondent, provided that— |
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| | (i) | the respondent resides in the chief officer’s police area, or |
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| | (ii) | the chief officer believes the respondent is in, or is intending to |
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| | |
| | (3) | After subsection (8) insert— |
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| | “(9) | For the purposes of this section a person who is associated with the |
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| | respondent can include a person who the court is satisfied is at risk of |
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| | molestation from the respondent.”’. |
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| | Rehabilitation of persons convicted of offences committed under the age of 18 |
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| To move the following Clause:— |
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| | ‘After section 1 of the Rehabilitation of Offenders Act 1974 insert— |
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| | “1A | Rehabilitation of persons convicted of offences committed under the |
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| | |
| | (1) | Subject to subject (2) below, where an individual has been convicted of |
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| | any offence or offences and where these were committed before the |
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| | individual attained the age of 18, then on reaching the age of 18 that |
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| | individual should automatically be treated as a rehabilitated person. |
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| | (2) | A person shall not be treated as a rehabilitated person for the purposes of |
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| | this Act under subsection (1) if the individuals offending behaviour |
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| | before the age of 18 is deemed to be serious or persistent. |
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| | (3) | The Secretary of State shall by regulations set out the criteria and |
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| | procedures for any decisions under subsection (2). |
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| | (4) | Regulations made under subsection (3) shall be subject to annulment in |
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| | pursuance of either House of Parliament.”.’. |
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| To move the following Clause:— |
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| | ‘In the Crime and Disorder Act 1998, omit section 66(4).’. |
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| |
| | Anti-social behaviour orders: reporting restrictions |
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| To move the following Clause:— |
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| | ‘(1) | Omit sections 1(10D), 1(10E) (anti-social behaviour orders) and 1C(9C) (orders |
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| | on conviction in criminal proceedings) of the Crime and Disorder Act 1998 |
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| | |
| | (2) | In section 1C(9) of that Act (orders about anti-social behaviour on conviction in |
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| | criminal proceedings) omit “(10D), (10E)”. |
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| |
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| | (3) | After section 49(2)(d) of the Children and Young Persons Act 1933 (c.12) |
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| | (restrictions on reports of proceedings in which children or young persons are |
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| | |
| | “(e) | any proceedings under the Crime and Disorder Act 1998.”.’. |
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| |
| | Anti-social behaviour orders |
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| To move the following Clause:— |
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| | ‘(1) | Section 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and |
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| | disorder) is amended as follows. |
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| | (2) | In subsection (7) at the end insert “or in the case of persons under 18 not less than |
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| | |
| | (3) | In subsection (10) after “if without reasonable excuse a person” insert “over the |
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| | |
| | (4) | In subsection (10) at the end insert “or |
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| | (c) | in the case of a person below the age of 18 years, a reprimand, |
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| | warning, youth conditional warning or any sentence of the court |
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| | commensurate with the seriousness of the offence other than |
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| | |
| | (5) | In subsection (11) after “Where a person” insert “over the age of 18 years”.’. |
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| |
| | Restrictions on custodial sentences for offenders aged under 18 |
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| To move the following Clause:— |
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| | ‘(1) | In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general |
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| | restrictions on imposing discretionary custodial sentences), after “general |
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| | restrictions on imposing discretionary custodial sentences”, insert “on offenders |
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| | |
| | (2) | In section 152(1) of that Act after “where a person”, insert “aged 18 or above”. |
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| | (3) | After section 152 of that Act insert— |
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| | “152A | Restrictions on custodial sentences for offenders aged under 18 |
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| | (1) | Notwithstanding anything in this or any other Act, a court shall only pass |
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| | a sentence of custody on a person under the age of 18 as a measure of last |
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| | |
| | (a) | the offence committed caused or could reasonably have been |
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| | expected to cause serious physical or mental harm to another or |
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| | |
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| |
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| | (b) | a custodial sentence is necessary to protect the public from a |
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| | demonstrable and imminent risk of serious physical or mental |
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| | |
| | (2) | The court shall state in open session its reasons for passing any sentence |
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| | of custody under this section.”. |
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| | (4) | In section 90 of the Powers of Criminal Courts (Sentencing) Act 2000— |
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| | (a) | after the words “the court shall”, omit “(notwithstanding anything in this |
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| | |
| | (b) | after the words “at the time the offence was committed” insert “and if the |
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| | conditions set out in section 152A of the Criminal Justice Act 2003 are |
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| | |
| | (5) | In section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000, before |
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| | the words “the court may” insert “and if the conditions set out in section 152A of |
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| | the Criminal Justice Act 2003 are met.”. |
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| | (6) | In section 100 of the Powers of Criminal Courts (Sentencing) Act 2000— |
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| | (a) | in subsection (1)(a) omit “sections 226 and 228 of the Criminal Justice |
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| | |
| | (b) | for subsection (1)(b) there is substituted— |
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| | “(b) | the court is of the opinion that the conditions set out in |
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| | section 152A of the Criminal Justice Act 2003 are met”. |
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| | (7) | In the Criminal Justice Act 2003, omit sections 226 and 228.’. |
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| |
| | Pre-sentence reports and other requirements for persons under the age of 18 |
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| To move the following Clause:— |
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| | ‘(1) | At the end of section 156 of the Criminal Justice Act 2003 (c. 44) (procedural |
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| | requirements for imposing community sentences and discretionary custodial |
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| | sentences: pre-sentence reports and other requirements) insert— |
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| | “(9) | All provisions of this section are subject to the requirements of section |
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| | 156A below in relation to offenders aged under 18.”. |
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| | (2) | After section 156 insert— |
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| | “156A | Pre-sentence reports and other requirements for persons aged under |
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| | 18 before a custodial sentence may be imposed |
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| | (1) | A court shall not pass a sentence of custody on a person under the age of |
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| | 18 unless it has obtained and considered a pre-sentence report which |
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| | includes information from the relevant local authority stating— |
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| | (a) | the circumstances relating to the offender and the offence or |
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| | offences of which the offender has been convicted, |
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| | (b) | whether the offender appears to be a child in need as set out in |
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| | section 17 of the Children Act 1989, and if so details of the |
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| | offender’s needs as assessed by the local authority, and |
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| | (c) | the services the local authority has provided to meet the needs of |
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| | the child or young person. |
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| |
| |
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| | (2) | The court may require the attendance at court of a senior offical of the |
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| | relevant local authority or any other local authority in order to determine |
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| | what further services may be provided which may prevent or avoid the |
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| | need for a custodial sentence. |
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| | (3) | The court may not pass a custodial sentence unless it is satisfied— |
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| | (a) | if the offender is a child in need, that services have been provided |
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| | by the local authority which were appropriate or sufficient to |
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| | meet the child’s needs, and |
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| | (b) | that the provision of further, or any, services by the local |
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| | authority would not prevent or avoid the need for a custodial |
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| | |
| | | unless a custodial sentence is necessary to protect the public from an |
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| | imminent and demonstrable risk of serious physical or mental harm. |
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| | (4) | Each local authority must submit an annual report to the Secretary of |
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| | State and the Lord Chancellor setting out the numbers and circumstances |
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| | of all the children who have been sentenced to custody from that local |
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| | |
| | (5) | For the purposes of this section “relevant local authority” means the local |
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| | authority in which the offender was habitually resident at the time of |
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| | committing the offence or offences in relation to which sentencing is |
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| | being considered by the court. In the event that the offender is no longer |
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| | resident in that locla authority area at the time of sentencing, or if there is |
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| | any doubt as to the relevant local authority, the court may of its own |
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| | volition or upon the request of any party determine which is the relevant |
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| | |
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| | Appeals against designation |
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| To move the following Clause:— |
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| | ‘(1) | A designated person may appeal against his designation. |
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| | (2) | The Secretary of State must make regulations about appeals under this section. |
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| | (3) | Regulations under this section are to be made by statutory instrument and are |
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| | subject to amendment in pursuance of a resolution of either House of |
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| To move the following Schedule:— |
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