House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th January 2008
29

Criminal Justice and Immigration Bill, continued

(2)
For the purposes of this section and section 151 an offence triable either

way that was tried summarily is to be regarded as punishable with

imprisonment only if it is so punishable by the sentencing court (and for

this purpose section 148(1) is to be disregarded).”

(2)
Section 151 of that Act (community order for persistent offender previously

fined) is amended as follows.

(3)
Before subsection (1) insert—

“(A1)
Subsection (2) provides for the making of a community order by the court

in respect of an offence committed by a person aged 16 or over (“the

current offence”) in cases where—

(a)
the current offence is punishable with imprisonment, but the

court would not otherwise form the opinion required by section

148(1); or

(b)
the current offence is not punishable with imprisonment.”

(4)
In subsection (1)—

(a)
at the beginning insert “Where the current offence is punishable with

imprisonment,”.

(b)
for paragraph (a) substitute—

“(a)
the offender was aged 16 or over when he was

convicted;”;

(c)
in paragraph (b) for “he” substitute “the offender”.

(5)
After subsection (1) insert—

“(1A)
Where the current offence is not punishable with imprisonment,

subsection (2) applies where—

(a)
the offender was aged 16 or over when he was convicted; and

(b)
on three or more previous occasions the offender has, on

conviction by a court in the United Kingdom of any offence

committed by him after attaining the age of 16, had passed on

him a sentence consisting only of a fine.”

(6)
In subsection (3)(a) after “(1)(b)” insert “or (1A)(b) (as the case may be)”.

(7)
In subsections (4), (5) and (6), for “subsection (1)(b)” insert “subsections (1)(b)

and (1A)(b)”.

(8)
In section 166 of that Act (savings for powers to mitigate etc.), in subsection

(1)(a), after “148” insert “or 151(2)”.’.

Bail for summary offences and certain other offences to be tried summarily

Secretary Jack Straw

Added on division  nc46

To move the following Clause:—

‘Schedule (Bail for summary offences and certain other offences to be tried

summarily)—

(a)
imposes a duty on a magistrates’ court considering whether to withhold

or grant bail in relation to a person under 18 accused of an offence

mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (c. 43)

(offences for which the value involved is relevant to the mode of trial) to

consider the value involved in the offence; and

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(b)
amends Schedule 1 to the Bail Act 1976 (persons entitled to bail:

supplementary provisions).’.

Release of fine defaulters and contemnors under Criminal Justice Act 1991

Secretary Jack Straw

Added on division  nc47

To move the following Clause:—

‘(1)
Section 45 of the Criminal Justice Act 1991 (c. 53) (fine defaulters and

contemnors) is amended as follows.

(2)
In subsection (2) after “(3)” insert “, (3A)”.

(3)
In subsection (3)—

(a)
for “the following subsections” substitute “the following subsection”,

and

(b)
in the substituted text, subsection (2) is omitted.

(4)
After subsection (3) insert—

“(3A)
In section 36 above—

(a)
in subsection (1) for “on licence” there shall be substituted

“unconditionally”, and

(b)
subsection (2) shall be omitted.

(5)
Subsection (4) is omitted.’.

Early release of certain long-term prisoners under Criminal Justice Act 1991

Secretary Jack Straw

Added on division  nc48

To move the following Clause:—

‘(1)
Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners:

offences committed before 4th April 2005) is amended as follows.

(2)
In section 33 (duty to release short-term and long-term prisoners), after

subsection (1) insert—

“(1A)
As soon as a long-term prisoner has served one-half of his sentence, it

shall be the duty of the Secretary of State to release him on licence.

(1B)
Subsection (1A) does not apply to a long-term prisoner if the offence or

one of the offences in respect of which he is serving the sentence is

specified in Schedule 15 to the Criminal Justice Act 2003 (specified

violent offences and specified sexual offences).”

(3)
In that section, in subsection (2) after “a long-term prisoner” insert “to whom

subsection (1A) does not apply”.

(4)
In section 35 (power to release long-term prisoners etc.) after subsection (1)

insert—

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

“(1A)
Subsection (1) does not apply to a long-term prisoner to whom section

33(1A) applies.”.

(5)
In section 37 (duration and conditions of licences)—

(a)
in subsection (1), for “(1B) and (2)” substitute “(1B), (2) and (8)”, and

(b)
after subsection (7) insert—

“(8)
This section does not apply in relation to a long-term prisoner to

whom section 33(1A) applies (provision as to the duration and

conditions of licences for such prisoners being made by section

37ZA).”

(6)
After section 37 insert—

“37ZA
Duration and conditions of licences under section 33(1A) etc.

(1)
Where a long-term prisoner is released on licence under section 33(1A),

the licence shall (subject to any revocation under section 254 of the 2003

Act) remain in force for the remainder of the sentence.

(2)
Section 250(1), (4) and (8) of the 2003 Act apply in relation to a licence

under section 33(1A) of this Act as they apply in relation to a licence

under Chapter 6 of Part 12 of the 2003 Act in respect of a prisoner serving

a sentence of imprisonment for a term of twelve months or more.

(3)
A person subject to a licence under section 33(1A) must comply with

such conditions as may for the time being be specified in the licence.

(4)
The reference in section 254(1) of the 2003 Act to a person who has been

released on licence under Chapter 6 of Part 12 of that Act includes a

reference to a person released on licence under section 33(1A).

(5)
In this section, “the 2003 Act” means the Criminal Justice Act 2003.”

Recall of certain prisoners released under Criminal Justice Act 1991

Secretary Jack Straw

Added on division  nc49

To move the following Clause:—

‘(1)
Before section 51 of the Criminal Justice Act 1991 (c. 53) insert—

“50A
Prisoners recalled under section 254 of Criminal Justice Act 2003

(1)
This section applies to a person who is—

(a)
released on licence under any provision of this Part, and

(b)
recalled to prison under section 254(1) of the 2003 Act (recall of

prisoners while on licence).

(2)
Nothing in the following provisions of this Part (which authorise or

require the Secretary of State to release prisoners) applies in relation to

the person—

(a)
section 33;

(b)
section 33A;

(c)
section 34A;

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(d)
section 35;

(e)
section 43(4).

(3)
Sections 254(2) and (6) and 255A to 256A of the 2003 Act (which

authorise release on licence etc) apply in relation to a person to whom this

section applies.

(4)
The provisions of Chapter 6 of Part 12 of the 2003 Act specified in

subsection (5) apply in relation to—

(a)
a licence under that Chapter granted to a person to whom this

section applies, and

(b)
a licence under section 36 of this Act granted to such a person.

(5)
The provisions of the 2003 Act specified in this subsection are—

(a)
section 249 (duration of licence), as modified by subsection (6)

below;

(b)
section 250(1), (4) and (8) (licence conditions), as modified by

subsection (7) below;

(c)
section 252 (duty to comply with licence conditions).

(6)
Section 249 of the 2003 Act applies—

(a)
as if the reference in subsection (1) to a fixed-term prisoner were

a reference to a person to whom this section applies, and

(b)
as if for subsection (3) there were substituted—

  “(3)
Subsection (1) has effect subject to section 51(2) to (2D) of

the Criminal Justice Act 1991.”

(7)
Section 250(4) of the 2003 Act applies as if the reference to a prisoner

serving a sentence mentioned in that subsection were a reference to a

person to whom this section applies.

(8)
In relation to a person to whom this section applies, subsections (2) to

(2D) of section 51 of this Act (treatment of consecutive and concurrent

terms etc.) apply as if any reference in those subsections to this Part of

this Act included the provisions of the 2003 Act mentioned in subsections

(3) and (5).

(9)
Except as provided by subsections (6)(b) and (8), nothing in this Part

applies in relation to the duration and conditions of—

(a)
a licence under Chapter 6 of Part 12 of the 2003 Act granted to a

person to whom this section applies, or

(b)
a licence under section 36 of this Act granted to such a person.

(10)
In this section, “the 2003 Act” means the Criminal Justice Act 2003.”

(2)
The savings made by paragraph 19 of Schedule 2 to the Criminal Justice Act 2003

(Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I.

2005/950) in respect of sections 249 and 250 of the 2003 Act do not apply in

relation to a licence granted under Chapter 6 of Part 12 of that Act, or under

section 36 of the Criminal Justice Act 1991 (c. 53), to a person to whom section

50A of the Criminal Justice Act 1991 (c. 53) applies.

(3)
In subsections (2) to (4), “the 2003 Act” means the Criminal Justice Act 2003

(c. 44).’.

Report Stage Proceedings: 9th January 2008
33

Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

Added on division  NS3

To move the following Schedule:—

‘Electronic monitoring of persons released on bail subject to conditions

21
The Bail Act 1976 (c. 63) has effect subject to the following amendments.

22
In section 3 (general provisions) for subsection (6ZAA) substitute—

“(6ZAA)
The requirements which may be imposed under subsection (6) include

electronic monitoring requirements.


The imposition of electronic monitoring requirements is subject to

section 3AA (in the case of a child or young person), section 3AB (in

the case of other persons) and section 3AC (in all cases).

(6ZAB)
In this section and sections 3AA to 3AC “electronic monitoring

requirements” means requirements imposed for the purpose of

securing the electronic monitoring of a person’s compliance with any

other requirement imposed on him as a condition of bail.”

23  (1)
Section 3AA (electronic monitoring of compliance with bail conditions) is

amended as follows.

      (2)
In the heading to the section, for “Electronic monitoring of compliance with

bail conditions” substitute “Conditions for the imposition of electronic

monitoring requirements: children and young persons”.

      (3)
For subsection (1) substitute—

“(1)
A court may not impose electronic monitoring requirements on a child

or young person unless each of the following conditions is met.”

      (4)
For subsection (4) substitute—

“(4)
The third condition is that the court is satisfied that the necessary

provision for dealing with the person concerned can be made under

arrangements for the electronic monitoring of persons released on bail

that are currently available in each local justice area which is a relevant

area.”’

      (5)
In subsection (5), for “such a requirement” substitute “electronic monitoring

requirements”.

      (6)
Subsections (6) to (10) and (12) (which are superseded by section 3AC) are

omitted.

24
After section 3AA insert—

“3AB
Conditions for the imposition of electronic monitoring requirements:

other persons

(1)
A court may not impose electronic monitoring requirements on a

person who has attained the age of seventeen unless each of the

following conditions is met.

(2)
The first condition is that the court is satisfied that without the

electronic monitoring requirements the person would not be granted

bail.

(3)
The second condition is that the court is satisfied that the necessary

provision for dealing with the person concerned can be made under

arrangements for the electronic monitoring of persons released on bail

that are currently available in each local justice area which is a relevant

area.

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(4)
If the person is aged seventeen, the third condition is that a youth

offending team has informed the court that in its opinion the

imposition of electronic monitoring requirements will be suitable in

his case.

3AC
Electronic monitoring: general provisions

(1)
Where a court imposes electronic monitoring requirements as a

condition of bail, the requirements must include provision for making

a person responsible for the monitoring.

(2)
A person may not be made responsible for the electronic monitoring

of a person on bail unless he is of a description specified in an order

made by the Secretary of State.

(3)
The Secretary of State may make rules for regulating—

(a)
the electronic monitoring of persons on bail;

(b)
without prejudice to the generality of paragraph (a), the

functions of persons made responsible for such monitoring.

(4)
The rules may make different provision for different cases.

(5)
Any power of the Secretary of State to make an order or rules under

this section is exercisable by statutory instrument.

(6)
A statutory instrument containing rules under this section shall be

subject to annulment in pursuance of a resolution of either House of

Parliament.

(7)
For the purposes of section 3AA or 3AB a local justice area is a

relevant area in relation to a proposed electronic monitoring

requirement if the court considers that it will not be practicable to

secure the electronic monitoring in question unless electronic

monitoring arrangements are available in that area.

(8)
Nothing in sections 3, 3AA or 3AB is to be taken to require the

Secretary of State to ensure that arrangements are made for the

electronic monitoring of persons released on bail.” ’.

Secretary Jack Straw

Added on division  NS5

To move the following Schedule:—

‘Offences specified for the purposes of sections 225(3A) and 227(2A) of the

Criminal Justice Act 2003

“Schedule 15A

Offences specified for the purposes of sections 225(3A) and 227(2A)

Part 1

Offences under the law of England and Wales

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

1
An attempt to commit murder, a conspiracy to murder or an

incitement to murder.

2
Manslaughter.

3
An offence under section 4 of the Offences against the Person Act

1861 (c. 100) (soliciting murder).

4
An offence under section 18 of that Act (wounding with intent to

cause grievous bodily harm).

5
An offence under section 1 of the Sexual Offences Act 1956 (c. 69)

(rape) or an attempt to commit such an offence.

6
An offence under section 5 of that Act (intercourse with a girl under

13).

7
An offence under section 16 of the Firearms Act 1968 (c. 27)

(possession of firearm with intent to endanger life).

8
An offence under section 17(1) of that Act (use of a firearm to resist

arrest).

9
An offence under section 18 of that Act (carrying a firearm with

criminal intent).

10
An offence of robbery under section 8 of the Theft Act 1968 (c. 60)

where, at some time during the commission of the offence, the

offender had in his possession a firearm or an imitation firearm

within the meaning of the Firearms Act 1968 (c. 27).

11
An offence under section 1 of the Sexual Offences Act 2003 (c. 42)

(rape) or an attempt to commit such an offence.

12
An offence under section 2 of that Act (assault by penetration) or an

attempt to commit such an offence.

13
An offence under section 4 of that Act (causing a person to engage

in sexual activity without consent), or an attempt to commit such an

offence, if the offender was liable on conviction on indictment to

imprisonment for life.

14
An offence under section 5 of that Act (rape of a child under 13) or

an attempt to commit such an offence.

15
An offence under section 6 of that Act (assault of a child under 13

by penetration) or an attempt to commit such an offence.

16
An offence under section 8 of that Act (causing or inciting a child

under 13 to engage in sexual activity), or an attempt to commit such

an offence, if the offender was liable on conviction on indictment to

imprisonment for life.

17
An offence under section 30 of that Act (sexual activity with a

person with a mental disorder impeding choice), or an attempt to

commit such an offence, if the offender was liable on conviction on

indictment to imprisonment for life.

18
An offence under section 31 of that Act (causing or inciting a

person with a mental disorder to engage in sexual activity), or an