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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—


 
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