House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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)


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)


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