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217

 

House of Commons

 
 

Wednesday 9th January 2008

 

Consideration of Bill

 

Criminal Justice and Immigration Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Criminal Justice

 

and Immigration Bill (Programme) (No. 3) [9th January].

 


 

New Clauses relating to section 127 of the criminal justice and public

 

order act 1994 and related amendments

 

Amendment of section 127 of the Criminal Justice and Public Order Act 1994

 

Secretary Jack Straw

 

NC36

 

To move the following Clause:—

 

‘(1)    

Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33)

 

(inducements to prison officers to withhold services or breach discipline) is

 

amended as follows.

 

(2)    

In subsection (1), for paragraph (a) substitute—

5

“(a)    

to take (or continue to take) any industrial action;”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

In subsection (1) “industrial action” includes the withholding of services

 

as a prison officer and any other action likely to affect the normal

 

working of a prison.”

10

(4)    

In subsection (4), after paragraph (a) insert—

 

“(aa)    

holds any post, other than as a chaplain or assistant chaplain, to

 

which he has been appointed for the purposes of section 7 of the

 

Prison Act 1952 (appointment of prison staff),”.’.

 

As an Amendment to Secretary Jack Straw’s proposed New Clause (Amendment to

 

section 127 of the Criminal Justice and Public Order Act 1994) (NC36):—


 
 

Consideration of Bill: 9th January 2008                  

218

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Neil Gerrard

 

Alan Simpson

 

Dr Ian Gibson

 

Mr Elfyn Llwyd

 

Hywel Williams

 

Jeremy Corbyn

 

Total signatories: 12

 

John McDonnell

 

Colin Burgon

 

John Austin

 

Peter Bottomley

 

Mike Wood

 

Mrs Ann Cryer

 

(a)

 

Parliamentary Star    

Line  8,  leave out from ‘officer’ to end of line 9.

 


 

Power to suspend the operation of section 127 of the Criminal Justice and Public Order

 

Act 1994

 

Secretary Jack Straw

 

NC37

 

To move the following Clause:—

 

After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33)

 

insert—

 

“127A

Power to suspend the operation of section 127

 

(1)    

The Secretary of State may make orders suspending, or later reviving, the

 

operation of section 127.

 

(2)    

An order under this section may make different provision in relation to

 

different descriptions of prison officer.

 

(3)    

The power to make orders under this section is exercisable by statutory

 

instrument subject to annulment in pursuance of a resolution of either

 

House of Parliament.”

 


 

Secretary Jack Straw

 

169

 

Page  120,  line  31  [Clause  175],  at end insert—

 

‘( )    

sections (Amendment of section 127 of the Criminal Justice and Public

 

Order Act 1994) and (Power to suspend the operation of section 127 of

 

the Criminal Justice and Public Order Act 1994).’

 


 

Secretary Jack Straw

 

170

 

Title,  line  9,  after ‘criminality;’ insert ‘to amend section 127 of the Criminal Justice and


 
 

Consideration of Bill: 9th January 2008                  

219

 

Criminal Justice and Immigration Bill, continued

 
 

Public Order Act 1994 and confer power to suspend the operation of that section;’.

 


 

New Clauses relating to self-defence and related amendments

 

Reasonable force for purposes of self-defence etc.

 

Secretary Jack Straw

 

NC6

 

To move the following Clause:—

 

‘(1)    

This section applies where in proceedings for an offence—

 

(a)    

an issue arises as to whether a person charged with the offence (“D”) is

 

entitled to rely on a defence within subsection (2), and

 

(b)    

the question arises whether the degree of force used by D against a person

5

(“V”) was reasonable in the circumstances.

 

(2)    

The defences are—

 

(a)    

the common law defence of self-defence; and

 

(b)    

the defences provided by section 3(1) of the Criminal Law Act 1967

 

(c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967

10

(c. 18 (N.I.)) (use of force in prevention of crime or making arrest).

 

(3)    

The question whether the degree of force used by D was reasonable in the

 

circumstances is to be decided by reference to the circumstances as D believed

 

them to be, and subsections (4) and (5) also apply in connection with deciding that

 

question.

15

(4)    

The degree of force used by D is not to be regarded as having been reasonable in

 

those circumstances if it was disproportionate in those circumstances.

 

(5)    

In deciding the question the following considerations are to be taken into account

 

(so far as relevant in the circumstances of the case)—

 

(a)    

that a person acting for a legitimate purpose may not be able to weigh to

20

a nicety the exact measure of any necessary action; and

 

(b)    

that evidence of a person’s having only done what the person honestly

 

and instinctively thought was necessary for a legitimate purpose

 

constitutes strong evidence that only reasonable action was taken by that

 

person for that purpose.

25

(6)    

Subsection (5) is not to be read as preventing other matters from being taken into

 

account where they are relevant to deciding the question mentioned in subsection

 

(3).

 

(7)    

This section is intended to clarify the operation of the existing defences

 

mentioned in subsection (2).

30

(8)    

For the purposes of references in this section to what D believed, it is immaterial

 

whether—

 

(a)    

any belief of D’s was mistaken, or

 

(b)    

(if it was mistaken) the mistake was reasonable.

 

(9)    

But subsection (3) does not enable D to rely on any mistaken belief attributable

35

to intoxication that was voluntarily induced.

 

(10)    

In this section—

 

(a)    

“legitimate purpose” means—

 

(i)    

the purpose of self-defence under the common law, or


 
 

Consideration of Bill: 9th January 2008                  

220

 

Criminal Justice and Immigration Bill, continued

 
 

(ii)    

the prevention of crime or effecting or assisting in the lawful

40

arrest of persons mentioned in the provisions referred to in

 

subsection (2)(b);

 

(b)    

references to self-defence include acting in defence of another person;

 

and

 

(c)    

references to the degree of force used are to the type and amount of force

45

used.’.

 

As an Amendment to Secretary Jack Straw’s proposed New Clause (Reasonable force

 

for purposes of self-defence etc.) (NC6):—

 

Lynne Jones

 

(a)

 

Parliamentary Star    

Line  32,  leave out from ‘mistaken’ to end of line 33.

 


 

Amendment of the Criminal Law Act 1967

 

Mr Nick Herbert

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

Miss Anne McIntosh

 

NC8

 

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.

 

(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).”.’.

 



 
 

Consideration of Bill: 9th January 2008                  

221

 

Criminal Justice and Immigration Bill, continued

 
 

Amendment of the Criminal Law Act (Northern Ireland) 1967

 

Mr Nick Herbert

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

Mr Philip Hollobone

 

Miss Anne McIntosh

 

NC9

 

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).”.’.

 


 

Secretary Jack Straw

 

102

 

Page  119,  line  46  [Clause  174],  at end insert—

 

‘(da)    

section (Reasonable force for purposes of self-defence etc.);’.

 


 

Mr Nick Herbert

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

125

 

Page  120,  line  2  [Clause  174],  at end insert—

 

‘(aa)    

section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’.

 

Secretary Jack Straw

 

103

 

Page  120,  line  22  [Clause  174],  at end insert—

 

‘(10)    

Nothing in this section restricts the operation of section (Reasonable force for

 

purposes of self-defence etc.) and paragraph 20A of Schedule 33 in their


 
 

Consideration of Bill: 9th January 2008                  

222

 

Criminal Justice and Immigration Bill, continued

 
 

application in relation to service offences (within the meaning of that

 

paragraph).’.

 


 

Secretary Jack Straw

 

113

 

Page  299,  line  17  [Schedule  33],  at end insert—

 

‘Reasonable force for purposes of self-defence etc.

 

20A(1)  

Section (Reasonable force for purposes of self-defence etc.) applies whether

 

the alleged offence took place before, or on or after, the date on which that

 

section comes into force.

 

      (2)  

But that section does not apply in relation to—

 

(a)    

any trial on indictment where the arraignment took place before that

 

date, or

 

(b)    

any summary trial which began before that date,

 

            

or in relation to any proceedings in respect of any trial within paragraph (a) or

 

(b).

 

      (3)  

Where the alleged offence is a service offence, that section similarly does not

 

apply in relation to—

 

(a)    

any proceedings before a court where the arraignment took place

 

before that date, or

 

(b)    

any summary proceedings which began before that date,

 

            

or in relation to any proceedings in respect of any proceedings within

 

paragraph (a) or (b).

 

      (4)  

For the purposes of sub-paragraph (3) summary proceedings are to be regarded

 

as beginning when the hearing of the charge, or (as the case may be) the

 

summary trial of the charge, begins.

 

      (5)  

In this paragraph—

 

“service offence” means—

 

(a)    

any offence against any provision of Part 2 of the Army Act 1955

 

(3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955

 

(3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957

 

(c. 53); or

 

(b)    

any offence under Part 1 of the Armed Forces Act 2006 (c. 52);

 

“summary proceedings” means summary proceedings conducted by a

 

commanding officer or appropriate superior authority.’.

 



 
 

Consideration of Bill: 9th January 2008                  

223

 

Criminal Justice and Immigration Bill, continued

 
 

New Clauses AND NEW SCHEDULES standing in the name of a minister of the

 

crown relating to sentencing, the release or recall of prisoners, or bail,

 

except those relating to the repatriation of prisoners act 1984 and

 

related amendments

 

Bail conditions: electronic monitoring

 

Secretary Jack Straw

 

NC25

 

To move the following Clause:—

 

‘Schedule (Electronic monitoring of persons released on bail subject to

 

conditions) makes provision in connection with the electronic monitoring of

 

persons released on bail subject to conditions.’

 


 

Credit for period of remand on bail: terms of imprisonment and detention

 

Secretary Jack Straw

 

NC26

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 (c. 44) is amended as follows.

 

(2)    

In section 237 (meaning of “fixed term prisoner”), in subsection (1B), after

 

“Armed Forces Act 2006)” insert “or section 240A”.

 

(3)    

In the italic heading before section 240, after “custody” insert “or on bail subject

 

to certain types of condition”.

 

(4)    

After section 240 insert—

 

“240A

Crediting periods of remand on bail: terms of imprisonment and

 

detention

 

(1)    

This section applies where—

 

(a)    

a court sentences an offender to imprisonment for a term in

 

respect of an offence committed on or after 4th April 2005,

 

(b)    

the offender was remanded on bail by a court in course of or in

 

connection with proceedings for the offence, or any related

 

offence, after the coming into force of section (Credit for period

 

of remand on bail: terms of imprisonment and detention) of the

 

Criminal Justice and Immigration Act 2008, and

 

(c)    

the offender’s bail was subject to a qualifying curfew condition

 

and an electronic monitoring condition (“the relevant

 

conditions”).

 

(2)    

Subject to subsection (4), the court must direct that the credit period is to

 

count as time served by the offender as part of the sentence.

 

(3)    

The “credit period” is the number of days represented by half of the sum

 

of—

 

(a)    

the day on which the offender’s bail was first subject to

 

conditions that, had they applied throughout the day in question,

 

would have been relevant conditions, and


 
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