104.45-49

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

45

    (3B)
In paragraph 2 (as it applies in England and Wales in relation to offences

committed on or after 4 April 2005), after sub-paragraph (3) insert—

“(3A)
If the warrant specifies that the offence or any of the offences

in relation to which a determinate sentence is to be served

corresponds to murder or an offence specified in Schedule 15

to the Criminal Justice Act 2003 (specified violent or sexual

offences), any reference (however expressed) in Chapter 6 of

Part 12 of that Act to a person sentenced for an offence

specified in that Schedule is to be read as including a reference

to the prisoner.””
313
Page 327, line 3, leave out “sentenced” and insert “any of whose sentences were

imposed”
314
Page 327, line 5, leave out “sentenced” and insert “any of whose sentences were

imposed”
315
Page 327, line 7, leave out from “person” to end of line 9 and insert—

“(a)
in whose case the warrant under section 4A transfers

responsibility for his detention and release from a country or

territory outside the British Islands to the Scottish Ministers; and

(b)
whose sentence or any of whose sentences in that country or

territory were imposed on or after 1 October 1993.”
316
Page 327, line 28, at end insert—

“Criminal Justice Act 1987 (c. 38)

21A
In section 1(17) of the Criminal Justice Act 1987 (application of Serious

Fraud Office provisions to Northern Ireland), for “Attorney General for

Northern Ireland” substitute “Advocate General for Northern Ireland”.”
317
Page 329, line 10, at end insert—

“Crime (Sentences) Act 1997 (c. 43)

30A
The Crime (Sentences) Act 1997 has effect subject to the following

amendments.

30B(1)
Schedule 1 (transfer of prisoners within the British Islands) is amended

as follows.

      (2)
In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners

serving sentences of imprisonment for offences committed before 4th

April 2005), after “46” insert “, 50A”.

      (3)
In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners

serving sentences of imprisonment for offences committed before 4th

April 2005), after “46” insert “, 50A”.

      (4)
Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act

is to be read as a reference to section 254(1) of the Criminal Justice Act

2003 (c. 44) in relation to any prisoner to whom 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) applies.

46

      (5)
In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners

serving sentences of imprisonment for offences committed before 4th

April 2005), after “46” insert “, 50A”.

      (6)
In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners

serving sentences of imprisonment for offences committed before 4th

April 2005), after “46” insert “, 50A”.

      (7)
Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act

is to be read as a reference to section 254(1) of the Criminal Justice Act

2003 (c. 44) in relation to any prisoner to whom 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) applies.

30C(1)
Schedule 2 (repatriation of prisoners to the British Islands) is amended

as follows.

      (2)
In paragraph 2(4) (as it continues to have effect in relation to persons to

whom it applied before 4th April 2005), in the definition of enactments

relating to release on licence, after “33(1)(b),” insert “, (1A),”.

      (3)
In paragraph 3(4) (as it continues to have effect in relation to persons to

whom it applied before 4th April 2005), in the definition of enactments

relating to release on licence, after “33(1)(b),” insert “, (1A),”.”
318
Page 329, line 25, leave out sub-paragraph (4)
319
Page 330, line 31, leave out paragraph 39
320
Page 332, line 3, at end insert—

“   (1)
In section 83(6)(a) (notification requirements: initial notification) after

“court” insert “or kept in service custody”.

      (2)
This paragraph extends to England and Wales and Northern Ireland

only.

    (1)
In section 85(4)(a) (notification requirements: periodic notification) after

“court” insert “or kept in service custody”.

      (2)
This paragraph extends to England and Wales and Northern Ireland

only.”
321
Page 332, line 4, leave out “In section 133(1) (interpretation),” and insert “Section

133 (interpretation) is amended as follows.

    (1A)
In subsection (1)—

(a)
”
322
Page 332, line 6, at end insert—

“(b)
at the appropriate place insert—

““kept in service custody” means kept in service

custody by virtue of an order under section 105(2)

of the Armed Forces Act 2006 (but see also

subsection (3));”.

    (1B)
After subsection (2) insert—

“(3)
In relation to any time before the commencement of section

105(2) of the Armed Forces Act 2006, “kept in service custody”

means being kept in military, air-force or naval custody by virtue

47

of an order made under section 75A(2) of the Army Act 1955 or

of the Air Force Act 1955 or section 47G(2) of the Naval Discipline

Act 1957 (as the case may be).””
323
Page 333, line 36, at end insert—

“65A
Section 233 (Offences under service law) is omitted.”
324
Page 333, line 36, at end insert—

“65B
In section 264 (consecutive terms), in subsection (6)(a)(i) after “means”

insert “one-half of”.”
325
Page 335, leave out line 43 and insert—

    “(1)
The Armed Forces Act 2006 has effect subject to the following

amendments.

      (2)
In paragraph 12(ah) of Schedule 2 (offences)—”
326
Page 336, line 3, at end insert—

    “(3)
In paragraph 1(2) of Schedule 5 (service community orders: general)—

(a)
for “12, 13, 15, 16(5), 17(5) and (6)” substitute “13, 16(5), 17(6)”,

and

(b)
after “21” insert “, 25A”.

      (4)
In paragraph 10(2)(b) of Schedule 5 (overseas community orders:

general)—

(a)
for “12, 13, 15, 16(5), 17(5) and (6)” substitute “13, 16(5), 17(6)”,

and

(b)
for “and 23(1)(a)(ii)” substitute “, 23(1)(a)(ii) and 25A”.”
Schedule 37
327
Page 338, line 11, leave out paragraph 8
328
Page 338, line 19, at end insert—

“9A
Section 33(1A) of the Criminal Justice Act 1991 (which is inserted by

section 26(2)) does not apply to a long-term prisoner serving a sentence

(for one or more offences committed before 4th April 2005) by virtue of

having been transferred to the United Kingdom in pursuance of a

warrant under section 1 of the Repatriation of Prisoners Act 1984 if—

(a)
the warrant was issued before the commencement of section

26(2); and

(b)
the offence or one of the offences for which the prisoner is serving

that sentence corresponds to murder or to any offence specified

in Schedule 15 to the Criminal Justice Act 2003.”
329
Page 338, line 22, at end insert—

“10A
In section 255A and 255C of the Criminal Justice Act 2003 (which are

inserted by section 29) “specified offence prisoner” is to be read as

including a long-term prisoner serving a sentence by virtue of having

been transferred to the United Kingdom in pursuance of a warrant

under section 1 of the Repatriation of Prisoners Act 1984 if—

(a)
the warrant was issued before the commencement of section 29;

and

48

(b)
the offence or one of the offences for which the prisoner is serving

that sentence corresponds to murder or to any offence specified

in Schedule 15 to the Criminal Justice Act 2003.”
330
Page 339, line 4, leave out paragraph 13 and insert—

“13
The amendment made by section 44 applies in relation to an appeal

under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by

the Criminal Cases Review Commission is made on or after the date on

which that section comes into force.”
331
Page 339, line 23, leave out paragraph 14 and insert—

“14
The amendment made by section 45 applies in relation to an appeal

under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

if the reference by the Criminal Cases Review Commission is made on or

after the date on which that section comes into force.”
332
Page 340, line 32, leave out “that are committed wholly or partly” and insert

“committed”
333
Page 343, leave out lines 11 to 15
334
Page 344, line 7, leave out “amendments” and insert “amendment”
335
Page 344, line 7, leave out “129 do” and insert “(New defence for purposes of journalism

or other special purposes) does”
336
Page 344, line 31, at end insert—

“Service custody and detention

    (1)
In relation to any time before the commencement of section 105(2) of the

Armed Forces Act 2006 (c. 52)—

(a)
the definition of “kept in service custody” in section 168(1) of this

Act does not apply; and

(b)
any reference in Part 7 to being kept in service custody is to be

read as a reference to being kept in military, air-force or naval

custody by virtue of an order made under section 75A(2) of the

Army Act 1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or section 47G(2) of the Naval Discipline Act

1957 (c. 53) (as the case may be).

      (2)
In relation to any time before the commencement of the definition of

“service detention” in section 374 of the Armed Forces Act 2006 (c. 52)—

(a)
the definition of “service detention” in section 168(1) of this Act

does not apply; and

(b)
any reference in Part 7 to service detention is to be read as a

reference to detention under section 71(1)(e) of the Army Act

1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955 (3 & 4 Eliz. 2

c. 19) or section 43(1)(e) of the Naval Discipline Act 1957 (c. 53).”
Schedule 38
337
Page 350, line 28, column 2, at end insert—

49

“In section 161—

(a)
in subsection (1),

the words “aged

14 or over”;

(b)
subsection (7).”

338
Page 350, line 37, column 2, at end insert—

“In section 330(5)(a), the

entry relating to section

161(7).”

339
Page 351, line 41, column 2, leave out “Section” and insert “Sections 233 and”
340
Page 352, line 29, column 2, at beginning insert—

“In section 221—

(a)
in subsection (3)(a) and (b) the words “in

section 226(2)”, and

(b)
subsection (4).

In section 223(3), the words “to (4)”.

In section 270—

(a)
subsection (7), and

(b)
in subsection (8), the word

“Accordingly”.”

341
Page 352, line 29, column 2, leave out “paragraph” and insert “paragraphs 218 and”
342
Page 352, line 47, at end insert—

“Courts-Martial (Appeals) Act
Section 16(5).

1968 (c. 20)

Section 25B(3).

Section 36C(1) and (2).

In section 43(1A), the word “or” at the end of

paragraph (a).”

343
Page 353, column 2, leave out lines 25 to 28 and insert—

“Section 7A(6).”

344
Page 354, line 9, at end insert—

“Criminal Libel Act 1819
In section 1, the words “any blasphemous libel,

(60 Geo. 3 & 1 Geo. 4 c. 8)
or”.

Law of Libel Amendment Act
In section 3, the words “blasphemous or”.

1888 (c. 64)

In section 4, the words “blasphemous or”.”