House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Consideration of Bill: 9th January 2008
245

Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

159

Page  286,  line  33  [Schedule  32],  at end insert—

‘Children and Young Persons Act 1969 (c. 54)

4B  (8)
Section 23AA of the Children and Young Persons Act 1969 (electronic

monitoring of remand conditions) is amended as follows.

      (9)
In subsection (4)—

(a)
paragraph (a) is omitted; and

(b)
in paragraph (b), for “those arrangements” substitute “arrangements

currently available in each local justice area which is a relevant area”.

    (10)
In subsection (8) for “Subsections (8) to (10) of section 3AA” substitute

“Subsections (4) to (7) of section 3AC”.’.

Secretary Jack Straw

161

Page  287,  line  8  [Schedule  32],  at end insert—

Mental Health Act 1983 (c.20)

6ZA
In section 37 of the Mental Health Act 1983 (powers of court to order hospital

admission or guardianship), in subsection (1A)(c) for “any of sections 225 to

228” substitute “section 225(2) or 226(2)”.’.

Secretary Jack Straw

162

Page  287,  line  26  [Schedule  32],  leave out from beginning to ‘(offence’ and

insert—

‘7A
The Criminal Justice Act 1988 has effect subject to the following amendments.

7B
In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of

sections 225 to 228” substitute “section 225(2) or 226(2)”.

8
In section 160(1)’.

Secretary Jack Straw

220

Page  288,  line  4  [Schedule  32],  at end insert—

    ‘( )
In section 43(5) (young offenders), for “under this Part” substitute “under any

provision of this Part other than section 33(1A)”. ’.

Secretary Jack Straw

221

Page  288,  line  9  [Schedule  32],  at end insert—

Consideration of Bill: 9th January 2008
246

Criminal Justice and Immigration Bill, continued

    ‘( )
In section 46B(5) (re-entry into United Kingdom of offender removed early

from prison), after “subsections (1)” insert “, (1A)”.’.

Secretary Jack Straw

163

Page  289,  line  38  [Schedule  32],  at end insert—

‘19A
In section 12 (absolute and conditional discharge), in subsection (1) for

“section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.’.

Secretary Jack Straw

222

Page  290,  line  2  [Schedule  32],  after ‘original sentence)’ insert ‘—

(a)
in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991

(early release of prisoners)” substitute “under any provision of Part 2 of

the Criminal Justice Act 1991 (early release of prisoners) other than

section 33(1A)”, and’.

Secretary Jack Straw

164

Page  290,  line  4  [Schedule  32],  at end insert—

‘22A
In section 130 (compensation orders), in subsection (2) for “section 225, 226,

227 or 228” substitute “section 225(2) or 226(2)”.

22B
In section 146 (driving disqualification for any offence), in subsection (2) for

“section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.

22C
In section 164 (further interpretative provisions), in subsection (3)(c) for “any

of sections 225 to 228” substitute “section 225(2) or 226(2)”.’.

Secretary Jack Straw

165

Page  291,  line  32  [Schedule  32],  at end insert—

‘32A
In section 142 (purposes of sentencing), in subsection (2)(c) for “any of

sections 225 to 228” substitute “section 225(2) or 226(2) of this Act”.

32B
In section 150 (circumstances in which community sentence not available), in

paragraph (d) for “any of sections 225 to 228” to the end substitute “section

225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment

for life or detention for life)”.

32C
In section 152 (general restrictions on imposing custodial sentences), in

subsection (1)(b) for “any of sections 225 to 228” substitute “section 225(2) or

226(2)”.

32E
In section 153 (length of discretionary custodial sentences: general provision),

in subsection (1), omit “or falling to be”.

32F
In section 163 (general power of Crown Court to fine) for “any of sections 225

to 228” substitute “section 225(2) or 226(2)”.

Consideration of Bill: 9th January 2008
247

Criminal Justice and Immigration Bill, continued

32G
In section 224 (meaning of “specified offence” etc), in subsection (3) the

definition of relevant offence is omitted.

32H
In section 305 (interpretation of Part 12), in subsection (4)—

(a)
for paragraphs (c) and (d) substitute—

“(c)
a sentence falls to be imposed under subsection (2) of

section 225 if the court is obliged to pass a sentence

of imprisonment for life under that subsection;

(d)
a sentence falls to be imposed under subsection (2) of

section 226 if the court is obliged to pass a sentence

of detention for life under that subsection;”, and

(b)
paragraph (e) is omitted.’.

Secretary Jack Straw

166

Page  291,  line  40  [Schedule  32],  at end insert—

‘34A
In section 330(5) (orders subject to the affirmative procedure) after “section

223,” insert—

“section 227(6),

section 228(7)”.’.

Secretary Jack Straw

223

Page  296,  line  8  [Schedule  33],  at end insert—

‘9A
Nothing in the amendments made by section (Early release of certain long-

term prisoners under Criminal Justice Act 1991) affects the operation of Part

2 of the Criminal Justice Act 1991 (c. 53) in relation to a long-term prisoner

within the meaning of that Part who (for the purposes of that Part) has served

one-half of his sentence before the commencement of that section.’.

Secretary Jack Straw

224

Page  296,  line  8  [Schedule  33],  at end insert—

‘9B
The amendments made by subsections (3) and (5) of section (Release of fine

defaulters and contemnors under Criminal Justice Act 1991) do not apply in

relation to any person who is released on licence under section 36(1) of the

Criminal Justice Act 1991 (c. 53) before the commencement of section

(Release of fine defaulters and contemnors under Criminal Justice Act 1991).’.

Secretary Jack Straw

225

Page  296,  line  8  [Schedule  33],  at end insert—

‘9C
The amendment made by subsection (1) of section (Recall of certain prisoners

released under Criminal Justice Act 1991) applies in relation to any person

who is recalled under section 254(1) of the Criminal Justice Act 2003 (c. 44)

on or after the commencement of section (Recall of certain prisoners released

Consideration of Bill: 9th January 2008
248

Criminal Justice and Immigration Bill, continued

under Criminal Justice Act 1991) but it is immaterial when the person was

released on licence under Part 2 of the Criminal Justice Act 1991 (c. 53).’.

Secretary Jack Straw

227

Page  306,  line  47  [Schedule  34],  column 2 at beginning insert—

‘In section 45—

(a)
in subsection (3), subsection (2) of the

substituted text, and

(b)
subsection (4).’.

Secretary Jack Straw

167

Page  307,  line  21  [Schedule  34],  at end insert—

‘In section 153(1), the words “or falling to be”.

In section 224(3), the definition of “relevant

offence”.

In section 227(1)(a), the words “, other than a serious

offence, ”.

In section 228—

(a)
in subsection (1)(b)(ii), the words from “or

by section 226(3)” to the end, and

(b)
subsection (3)(a) and the word “and”

immediately following it.

In section 229—

(a)
in subsection (2) the words from the

beginning to “18”, and

(b)
subsections (3) and (4).

Section 234.

In section 247—

(a)
in subsection (2), the word “and” (at the end

of paragraph (a)) and paragraph (b), and

(b)
subsections (3), (4), (5) and (6).’.

Secretary Jack Straw

168

Page  307,  line  42  [Schedule  34],  at end insert—

‘Section 305(4)(e).

Schedules 16 and 17.’.

Consideration of Bill: 9th January 2008
249

Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

160

Page  309,  line  3  [Schedule  34],  at end insert—

‘Children and Young Persons Act
Section 23AA(4)(a).

1969 (c. 54)

Bail Act 1976 (c. 63)
Section 3AA(6) to (10) and (12).’.

Remaining proceedings

Amendments consequential on Part 5

Secretary Jack Straw

NC3

To move the following Clause:—

‘(1)
In Schedule 3 to the Parliamentary Commissioner Act 1967 (c. 13) (matters not

subject to investigation) after paragraph 13 (as inserted by paragraph 1(3) of

Schedule 10 to this Act) insert—

“14
Any matter which falls within the complaints or deaths remit of the

Northern Ireland Commissioner for Prison Complaints (within the

meaning of Part 5 of the Criminal Justice and Immigration Act 2008).”

(2)
Subsection (1) has no effect in relation to any matter which the Parliamentary

Commissioner for Administration has started to investigate before the

commencement of that subsection.

(3)
In section 31(4) of the Data Protection Act 1998 (c. 29) (exceptions to data

protection requirements for ombudsmen), after paragraph (a)(vi) (but before the

“or” immediately following it) insert—

“(via)
the Northern Ireland Commissioner for Prison

Complaints;”.

(4)
In section 76(1) of the Freedom of Information Act 2000 (c. 36) (disclosure of

information between Information Commissioner and ombudsmen) in the Table at

the appropriate place insert—

“The Northern
Part 5 of the

Ireland
Criminal

Commissioner
Justice and

for Prison
Immigration

Complaints.
Act 2008.”

(5)
In Part 7 of Schedule 1 to that Act (public authorities) at the appropriate place

insert “The Northern Ireland Commissioner for Prison Complaints”.’.

Consideration of Bill: 9th January 2008
250

Criminal Justice and Immigration Bill, continued

Referral orders: power to revoke a referral order

Secretary Jack Straw

NC4

To move the following Clause:—

‘(1)
Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory

and discretionary referral of young offenders) is amended as follows.

(2)
After section 27 insert—

“Referrals back to court in the interests of justice

27A
Revocation of referral order where offender making good progress

etc.

(1)
This section applies where, having regard to circumstances which have

arisen since a youth offender contract took effect under section 23 above,

it appears to the youth offender panel to be in the interests of justice for

the referral order (or each of the referral orders) to be revoked.

(2)
The panel may refer the offender back to the appropriate court requesting

it—

(a)
to exercise only the power conferred by sub-paragraph (2) of

paragraph 5 of Schedule 1 to this Act to revoke the order (or each

of the orders); or

(b)
to exercise both—

(i)
the power conferred by that sub-paragraph to revoke the

order (or each of the orders); and

(ii)
the power conferred by sub-paragraph (4) of that

paragraph to deal with the offender for the offence in

respect of which the revoked order was made.

(3)
The circumstances in which the panel may make a referral under

subsection (2) above include the offender’s making good progress under

the contract.

(4)
Where—

(a)
the panel makes a referral under subsection (2) above in relation

to any offender and any youth offender contract, and

(b)
the appropriate court decides not to exercise the power conferred

by paragraph 5(2) of Schedule 1 to this Act in consequence of

that referral,


the panel may not make a further referral under that subsection in relation

to that offender and contract during the relevant period except with the

consent of the appropriate court.

(5)
In subsection (4) above “the relevant period” means the period of 3

months beginning with the date on which the appropriate court made the

decision mentioned in paragraph (b) of that subsection.”

(3)
In paragraph 1(1) of Schedule 1 (youth offender panels: further court

proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.’.

Consideration of Bill: 9th January 2008
251

Criminal Justice and Immigration Bill, continued

Referral orders: extension of period for which young offender contract has effect

Secretary Jack Straw

NC5

To move the following Clause:—

‘(1)
Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory

and discretionary referral of young offenders) is amended as follows.

(2)
After section 27A (as inserted by section (Referral orders: power to revoke a

referral order) above) insert—

“27B
Extension of period for which young offender contract has effect

(1)
This section applies where at any time—

(a)
a youth offender contract has taken effect under section 23 above

for a period which is less than twelve months;

(b)
that period has not ended; and

(c)
having regard to circumstances which have arisen since the

contract took effect, it appears to the youth offender panel to be

in the interests of justice for the length of that period to be

extended.

(2)
The panel may refer the offender back to the appropriate court requesting

it to extend the length of that period.

(3)
The requested period of extension must not exceed three months.”

(3)
In Schedule 1 (youth offender panels: further court proceedings), after Part 1

insert—

“Part 1ZA

Referral back to appropriate court: extension of period for which

contract has effect

Introductory

9ZB(1)
This Part of this Schedule applies where a youth offender panel refers

an offender back to the appropriate court under section 27B of this Act

with a view to the court extending the period for which the offender’s

youth offender contract has effect.

      (2)
For the purposes of this Part of this Schedule and that section the

appropriate court is—

(a)
in the case of an offender aged under 18 at the time when (in

pursuance of the referral back) the offender first appears

before the court, a youth court acting in the local justice area

in which it appears to the youth offender panel that the

offender resides or will reside; and

(b)
otherwise, a magistrates’ court (other than a youth court)

acting in that area.

Mode of referral back to court

9ZC
The panel shall make the referral by sending a report to the appropriate

court explaining why the offender is being referred back to it.