Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Criminal Justice and Immigration Bill
[The page and line references are to HL Bill 16, the bill as first printed for the Lords.]
Clause 4
1
Page 3, line 24, at end insert “or (as the case may be) an officer of a provider of

probation services acting in the local justice area for the time being so specified”
Clause 7
2
Page 4, leave out line 42
3
Page 5, line 50, leave out from beginning to end of line 4 on page 6
Clause 9
4
Page 7, leave out lines 9 to 17 and insert—

“(2)
The court must have regard to—

(a)
the principal aim of the youth justice system (which is to

prevent offending (or re-offending) by persons aged under

18: see section 37(1) of the Crime and Disorder Act 1998),

(b)
in accordance with section 44 of the Children and Young

Persons Act 1933, the welfare of the offender, and

(c)
the purposes of sentencing mentioned in subsection (4) (so

far as it is not required to do so by paragraph (a)).”
5
Page 7, line 32, leave out “226 or 228 of this Act (dangerous offenders)” and insert

“226(2) of this Act (detention for life for certain dangerous offenders)”
6
Page 8, leave out lines 2 to 9 and insert—

““(1A)
Subsection (1) is to be read with paragraphs (a) and (c) of section

142A(2) of the Criminal Justice Act 2003 (which require a court

dealing with an offender aged under 18 also to have regard to the

principal aim of the youth justice system and the specified purposes

of sentencing).

Bill 104 54/3

2

(1B)
Accordingly, in determining in the case of an offender whether it

should take steps as mentioned in subsection (1), the court shall also

have regard to the matters mentioned in those paragraphs.””
7
Page 8, line 10, leave out subsection (4)
8
Page 8, line 15, leave out “that Act” and insert “the Crime and Disorder Act 1998

(c. 37)”
Clause 10
9
Leave out Clause 10
Clause 12
10
Page 9, line 19, leave out from “offence” to end of line 24 and insert “(“the current

offence”) committed by a person to whom subsection (1) or (1A) applies”.”
11
Page 9, line 26, leave out paragraph (a) and insert—

“(a)
for “Subsection (2) applies where” substitute “This subsection

applies to the offender if—

“(za)
the current offence is punishable with

imprisonment;”;”
12
Page 9, leave out lines 33 and 34 and insert—

“(1A)
This subsection applies to the offender if—

( )
the current offence is not punishable with imprisonment;”
After Clause 12
13
Insert the following new Clause—

“Pre-sentence reports

In section 158 of the Criminal Justice Act 2003 (c. 44) (meaning of “pre-

sentence report”), after subsection (1) insert—

“(1A)
Subject to any rules made under subsection (1)(b) and to subsection

(1B), the court may accept a pre-sentence report given orally in

open court.

(1B)
But a pre-sentence report that—

(a)
relates to an offender aged under 18, and

(b)
is required to be obtained and considered before the court

forms an opinion mentioned in section 156(3)(a),


must be in writing.””
Clause 13
14
Page 10, line 9, leave out “in any part of the United Kingdom”
Clause 15
15
Page 11, line 5, leave out “previously”
16
Page 11, line 5, leave out “in any part of the United Kingdom”

3

Clause 17
17
Page 12, line 17, leave out “in any part of the United Kingdom” and insert “by a

court anywhere in the world”
18
Page 12, line 19, at end insert—

“( )
After subsection (2) insert—

“(2A)
The reference in subsection (2)(aa) to a conviction by a court

includes a reference to—

(a)
a finding of guilt in service disciplinary proceedings, and

(b)
a conviction of a service offence within the meaning of the

Armed Forces Act 2006 (“conviction” here including

anything that under section 376(1) and (2) of that Act is to be

treated as a conviction).””
Clause 26
19
Page 18, line 12, at end insert—

“(1C)
The reference in subsection (1B) to an offence specified in Schedule 15 to the

Criminal Justice Act 2003 includes a reference to—

(a)
an offence under section 70 of the Army Act 1955, section 70 of the

Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as

respects which the corresponding civil offence (within the meaning

of the Act in question) is an offence specified in that Schedule, and

(b)
an offence under section 42 of the Armed Forces Act 2006 as

respects which the corresponding offence under the law of England

and Wales (within the meaning given by that section) is an offence

specified in that Schedule.

(1D)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies

for the purposes of subsection (1C)(b) as if the reference in subsection (3)(b)

of that section to any of the following provisions of that Act were a

reference to subsection (1C)(b).””
Clause 29
20
Page 20, line 3, at end insert—

“(aa)
in a case where paragraph (a) does not apply, he was recalled under

section 254 before the normal entitlement date (having been

released before that date under section 246 or 248); or”
21
Page 20, line 4, at beginning insert “in a case where neither of the preceding

paragraphs applies,”
22
Page 20, line 23, leave out “(2)(b)” and insert “(2)(aa) or (b)”
23
Page 20, line 32, at end insert—

“(8A)
The reference in subsection (8) to a specified offence (within the meaning

of section 224) includes a reference to—

(a)
an offence under section 70 of the Army Act 1955, section 70 of the

Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as

respects which the corresponding civil offence (within the meaning

of the Act in question) is a specified offence, and

4

(b)
an offence under section 42 of the Armed Forces Act 2006 as

respects which the corresponding offence under the law of England

and Wales (within the meaning given by that section) is a specified

offence.

(8B)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies

for the purposes of subsection (8A)(b) as if the reference in subsection (3)(b)

of that section to any of the following provisions of that Act were a

reference to subsection (8A)(b).”
24
Page 20, leave out lines 33 and 34
25
Page 20, leave out lines 35 to 42 and insert—

“(10)
In subsection (2)(aa) the “normal entitlement date” means the date on

which the prisoner would (but for his earlier release) have been entitled to

be released under section 244.

(10A)
For the purposes of subsection (2)(b) terms of imprisonment which are

consecutive and terms which are wholly or partly concurrent are to be

treated as a single term if—

(a)
the sentences were passed on the same occasion, or

(b)
where they were passed on different occasions, the prisoner has not

been released under this Chapter at any time during the period

beginning with the first and ending with the last of those

occasions.”
26
Page 20, line 44, at end insert—

“(12)
In this section, “term of imprisonment” includes a determinate sentence of

detention under section 91 of the Sentencing Act or under section 228 of

this Act.”
27
Page 21, line 33, leave out “255A(2)(b)” and insert “255A(2)(aa) or (b)”
28
Page 22, leave out lines 13 and 14
Clause 32
29
Page 24, line 11, at end insert “with the modifications specified in subsection (3A)”
30
Page 24, line 11, at end insert—

“(3A)
Section 255A applies as if—

(a)
the reference in subsection (2)(aa) to section 246 or 248 of the 2003

Act were a reference to section 34A or 36 of this Act,

(b)
the reference in subsection (10) to section 244 of the 2003 Act were

a reference to section 33(1), (1A) or (2) of this Act,

(c)
subsection (10A) were omitted (provision to the same effect being

made by section 51(2) of this Act, as it applies by virtue of

subsection (8) below), and

(d)
subsection (12) provided that “term of imprisonment” included any

sentence of detention mentioned in section 43(1) of this Act.”
Clause 35
31
Page 27, leave out lines 21 to 28 and insert—