House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

27
203
Page 153, line 4, at end insert “, or

(c)
an officer of a provider of probation services.”
204
Page 154, line 16, after “board” insert—

“(ba)
an officer of a provider of probation services,”
205
Page 158, line 28, leave out from “team” to “, and” in line 29 and insert “, an officer

of a local probation board or an officer of a provider of probation services”
206
Page 160, line 4, leave out from “team” to “, and” in line 5 and insert “, an officer of

a local probation board or an officer of a provider of probation services”
207
Page 163, line 27, at end insert—

    “( )
In sub-paragraph (2)—

(a)
the references to a detention and training order include an order

made under section 211 of the Armed Forces Act 2006 (c. 52)

(detention and training orders made by service courts); and

(b)
the reference to section 103(1)(a) of the Powers of Criminal

Courts (Sentencing) Act 2000 (c. 6) includes that provision as

applied by section 213(1) of the Armed Forces Act 2006 (c. 52).”
208
Page 164, line 38, leave out “12” and insert “6”
209
Page 165, line 7, leave out “or”
210
Page 165, line 8, at end insert “or to an officer of a provider of probation services”
211
Page 165, line 22, at end insert “or (as the case may be) a provider of probation

services operating in that area”
Schedule 2
212
Page 169, line 12, at end insert—

  “(1A)
But sub-paragraph (1) does not apply if the responsible officer is of the

opinion that there are exceptional circumstances which justify not

causing an information to be so laid.”
213
Page 169, line 17, at end insert “(in a case not within sub-paragraph (1A))”
214
Page 170, line 17, leave out from “ways” to end of line 18
215
Page 172, line 34, leave out from “ways” to end of line 35
216
Page 174, line 20, leave out “either” and insert “any”
217
Page 174, line 23, at end insert—

“(c)
an intoxicating substance treatment requirement.”
218
Page 183, line 26, after “area” insert “or (as the case may be) to a provider of

probation services operating in that area”
Schedule 4
219
Page 196, line 15, after “2000” insert “or (as the case may be) a provider of probation

services operating in that area”
220
Page 196, line 21, leave out from “appoint” to “who” in line 22 and insert “a person”
221
Page 196, line 25, at end insert—

28

    “(5)
The person appointed under sub-paragraph (4)(b) must be—

(a)
where the appointment is made by a local probation board, an

officer of that board;

(b)
where the appointment is made by a provider of probation

services, an officer of that provider;

(c)
where the appointment is made by a youth offending team, a

member of that team.””
222
Page 199, line 39, after “reside” insert “or (as the case may be) a provider of

probation services operating in the local justice area in which he resides or will

reside”
223
Page 200, line 2, after “force” insert “or (as the case may be) an officer of a provider

of probation services acting in the local justice area in which the offender resides

or will then be residing”
224
Page 200, line 39, leave out paragraph (b) and insert—

“(b)
for “(2) above” substitute “(2) or (2A) (as the case may be)”, and

(c)
in paragraph (b) for the words from “of the” to “board” substitute

“of—

(i)
the offender, or

(ii)
the officer of a local probation board,

officer of a provider of probation

services or member of a youth

offending team (as the case may be),”.”
225
Page 202, line 44, leave out from “(3)(b)” to “conferred” and insert “—

“(a)
after “the board” insert “or (as the case may be) require a

provider of probation services to appoint an officer of the

provider,”,

(b)
after “the order” insert “—


(a)”, and

(c)
at the end insert “; or

(b)
the functions”
226
Page 202, line 47, at end insert—


“as the case may be.”
227
Page 207, line 30, leave out “(A1),”
228
Page 208, line 24, at end insert—

“77A
In section 161 (pre-sentence drug testing)—

(a)
in subsection (1), omit “aged 14 or over”, and

(b)
omit subsection (7).”
229
Page 208, leave out line 34 and insert—

“79(1)
Section 174 (duty to give reasons for, and explain effect of, sentence) is

amended as follows.

      (2)
In subsection (2)—”
230
Page 209, line 7, at end insert—

    “(3)
After subsection (4) insert—

“(4A)
Subsection (4B) applies where—

29

(a)
a court passes a custodial sentence in respect of an offence

on an offender who is aged under 18, and

(b)
the circumstances are such that the court must, in

complying with subsection (1)(a), make the statement

referred to in subsection (2)(b).

(4B)
That statement must include—

(a)
a statement by the court that it is of the opinion that a

sentence consisting of or including a youth rehabilitation

order with intensive supervision and surveillance or

fostering cannot be justified for the offence, and

(b)
a statement by the court why it is of that opinion.””
231
Page 209, line 25, after “board” insert “or an officer of a provider of probation

services”
232
Page 209, line 29, after “board” insert “or an officer of a provider of probation

services”
233
Page 209, line 32, after “board” insert “or an officer of a provider of probation

services”
234
Page 209, line 34, after “board” insert “or an officer of a provider of probation

services”
235
Page 209, line 36, after “board” insert “or an officer of a provider of probation

services”
236
Page 210, line 14, at end insert—

“93A
In section 330(5)(a) (orders subject to the affirmative resolution

procedure), omit the entry relating to section 161(7).”
Schedule 5
237
Transpose Schedule 5 to after Schedule 7
Schedule 6
238
Page 219, line 30, leave out paragraph 1 and insert—

“1
Murder.”
239
Page 220, line 2, leave out “or an attempt to commit such an offence”
240
Page 220, line 16, leave out “or an attempt to commit such an offence”
241
Page 220, line 17, leave out “or an attempt to commit such an offence”
242
Page 220, line 20, leave out “, or an attempt to commit such an offence,”
243
Page 220, line 23, leave out “or an attempt to commit such an offence”
244
Page 220, line 26, leave out “or an attempt to commit such an offence”
245
Page 220, line 28, leave out “, or an attempt to commit such an offence,”
246
Page 220, line 32, leave out “, or an attempt to commit such an offence,”
247
Page 220, line 36, leave out “, or an attempt to commit such an offence,”
248
Page 220, line 41, leave out “, or an attempt to commit such an offence,”

30
249
Page 220, line 45, leave out “, or an attempt to commit such an offence,”
250
Page 221, line 4, leave out “, or an attempt to commit such an offence,”
251
Page 221, line 7, leave out “, or an attempt to commit such an offence,”
252
Page 221, line 9, at end insert—

“22A (1)
An attempt to commit an offence specified in the preceding paragraphs

of this Part of this Schedule (“a listed offence”).

      (2)
Conspiracy to commit a listed offence.

      (3)
Incitement to commit a listed offence.

      (4)
An offence under Part 2 of the Serious Crime Act 2007 in relation to

which a listed offence is the offence (or one of the offences) which the

person intended or believed would be committed.

      (5)
Aiding, abetting, counselling or procuring the commission of a listed

offence.”
253
Page 221, line 11, at end insert—

“22B
Murder.”
254
Page 221, line 13, leave out paragraph 24
255
Page 221, line 15, leave out “or an attempt to commit rape”
256
Page 221, line 20, leave out “, or an attempt to commit sodomy,”
257
Page 221, line 35, at end insert—

“33A (1)
An attempt to commit an offence specified in the preceding paragraphs

of this Part of this Schedule (“a listed offence”).

      (2)
Conspiracy to commit a listed offence.

      (3)
Incitement to commit a listed offence.

      (4)
Aiding, abetting, counselling or procuring the commission of a listed

offence.”
258
Page 221, line 38, leave out paragraph 34 and insert—

“34
Murder.”
259
Page 222, line 1, leave out “or an attempt to commit rape”
260
Page 222, line 12, leave out “1981” and insert “2004”
261
Page 222, line 28, leave out “, or an attempt to commit such an offence,”
262
Page 222, line 30, at end insert—

“48(1)
An attempt to commit an offence specified in the preceding paragraphs

of this Part of this Schedule (“a listed offence”).

      (2)
Conspiracy to commit a listed offence.

      (3)
Incitement to commit a listed offence.

31

      (4)
An offence under Part 2 of the Serious Crime Act 2007 in relation to

which a listed offence is the offence (or one of the offences) which the

person intended or believed would be committed.

      (5)
Aiding, abetting, counselling or procuring the commission of a listed

offence.”
263
Page 222, line 30, at end insert—

“Part 4

Offences under service law

49
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 Part 1 of this Schedule.

50  (1)
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 Part

1 of this Schedule.

      (2)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.)

applies for the purposes of this paragraph as if the reference in

subsection (3)(b) of that section to any of the following provisions of that

Act were a reference to this paragraph.

Part 5

Interpretation

51
In this Schedule, “imprisonment for life” includes custody for life and

detention for life.”
Schedule 8
264
Page 225, line 12, leave out from “substitute” to “and” in line 13 and insert ““(taken

as a whole) for all the related offences of which he remains convicted”,”
265
Page 225, line 41, leave out from beginning to “Effect” in line 42 and insert —

“8
Before section 31 (but after the cross-heading preceding it) insert—

“30A
”
266
Page 229, line 1, leave out from beginning to “Effect” in line 2 and insert—

“20(1)
For the cross-heading preceding section 30 substitute—

“Supplementary”.

      (2)
Before section 30 (but after the cross-heading preceding it) insert—

“29A
”
Schedule 9
267
Leave out Schedule 9

32

Schedule 10
268
Leave out Schedule 10
Schedule 11
269
Leave out Schedule 11
Schedule 12
270
Leave out Schedule 12
Schedule 13
271
Leave out Schedule 13
Schedule 14
272
Leave out Schedule 14
Schedule 15
273
Leave out Schedule 15
Schedule 16
274
Leave out Schedule 16
Schedule 17
275
Leave out Schedule 17
Schedule 18
276
Page 243, line 18, at beginning insert ““Young offenders:”
277
Page 243, line 19, leave out “for offenders aged 16 or 17”
278
Page 243, line 21, leave out “young person aged 16 or 17” and insert “child or

young person”
279
Page 244, line 22, after “16” insert “or under”
280
Page 247, line 23, leave out “, 66G(5)”
281
Page 247, line 27, after “below” insert “, or

(b)
an order under section 66G(5) other than the first such order”
282
Page 247, line 34, after “money” insert “, and

(b)
the first order under section 66G(5)”
Schedule 19
283
Page 248, line 9, leave out “persons aged 16 or 17” and insert “children and young

persons”

33

Schedule 25
284
Leave out Schedule 25
Schedule 26
285
Page 269, line 19, at end insert—

“13A
After section 29J insert—

“29JA
Protection of freedom of expression (sexual orientation)

In this Part, for the avoidance of doubt, the discussion or criticism

of sexual conduct or practices or the urging of persons to refrain

from or modify such conduct or practices shall not be taken of

itself to be threatening or intended to stir up hatred.””
Schedule 30
286
Page 291, line 11, at end insert—

“11JA
Guidance

(1)
The Secretary of State may issue guidance relating to the

discharge of any functions under or for the purposes of this Part.

(2)
A person discharging a function to which guidance under this

section relates must have regard to the guidance in discharging

the function.”
Schedule 32
287
Page 297, line 11, at end insert—

“(8)
Subsection (7) does not apply to a statutory instrument

containing (whether alone or with other provision) any

regulations under this section coming into force at a time that is

the earliest time at which any regulations under this section are

to come into force since the commencement of paragraph 7 of

Schedule 32 to the Criminal Justice and Immigration Act 2008.

(9)
A statutory instrument within subsection (8) may not be made

unless a draft of it has been laid before and approved by a

resolution of each House of Parliament.””
288
Page 297, line 43, at end insert—

“(5A)
Subsection (5) does not apply to a statutory instrument

containing (whether alone or with other provision) the first rules

made under this section after the commencement of paragraph 8

of Schedule 32 to the Criminal Justice and Immigration Act 2008:

such an instrument may not be made unless a draft of it has been

laid before and approved by a resolution of each House of

Parliament.””
289
Page 301, line 49, at end insert—