House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 19 March 2009
468

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

79

Page  99,  line  19  [Clause  153],  at end insert—

‘(6A)
Non-compliance with any assessment notice will be treated as a contempt of

court.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

80

Page  101,  line  6  [Clause  153],  leave out ‘without the approval of the Secretary of

State’ and insert ‘until the code has been approved by a resolution of each House of

Parliament’.

Secretary Jack Straw

David Howarth

Jenny Willott

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

25

Page  101,  line  12,  leave out Clause 154.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

81

Page  109  [Clause  155],  leave out lines 7 and 8 and insert—

Notices of Amendments: 19 March 2009
469

Coroners and Justice Bill, continued

‘(4)
The code must not be issued by the Commissioner until a statutory instrument

containing the draft code has been approved by a resolution of each House of

Parliament.’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

82

Page  109,  line  10  [Clause  155],  after ‘must’, insert ‘not’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

83

Page  109,  line  13  [Clause  155],  after ‘is’, insert ‘not’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

84

Page  109  [Clause  155],  leave out lines 21 to 27.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

85

Page  109,  line  30  [Clause  155],  after ‘under’, insert ‘annual’.

Secretary Jack Straw

152

Page  182,  line  26  [Schedule  18],  at end insert—

‘4A
In section 67 of that Act (general provision about orders etc under the Act) in

subsection (5)(a) insert at the appropriate place—

          “section 41A(2)(b),”.’.

Notices of Amendments: 19 March 2009
470

Coroners and Justice Bill, continued

Secretary Jack Straw

153

Page  182,  line  29  [Schedule  18],  leave out ‘(except in Part 5A)’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

86

Page  183,  line  1  [Schedule  18],  leave out sub-paragraph (2) and insert—

‘(2)
In subsection (1) for “he may serve” to the end substitute “he may serve the data

controller, or a data processor, with a notice (in this Act referred to as an

‘information notice’) requiring the data controller, or data processor, to furnish

the Commissioner with specified information relating to the request or to

compliance with the principles.”’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

87

Page  183,  line  5  [Schedule  18],  after ‘(1)’, insert ‘“data processor” refers to a third

party handling data on behalf of—

(a)
a government department, or

(b)
a public authority designated for the purpose of this section by an order

made by the Secretary of State, other than an excluded body, as set out in

section 41A(12);’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

88

Page  185  [Schedule  18],  leave out line 21.

Notices of Amendments: 19 March 2009
471

Coroners and Justice Bill, continued

New Clauses, new Schedules and Amendments Relating to Chapter 1 of

part 4

Sentencing Council: provision of resources

Mr Neil Gerrard

John McDonnell

NC43


To move the following Clause:—

‘The Secretary of State must monitor the resource assessments published by the

Sentencing Council under section 110 and make available adequate resources as

determined by the resource assessment for the implementation of the guidelines.’.

David Howarth

Jenny Willott

Alun Michael

20

Page  61,  line  37  [Clause  103],  at end insert—

‘(za)
the relative effectiveness of sentences in preventing re-offending;’.

David Howarth

Jenny Willott

Alun Michael

21

Page  61  [Clause  103],  leave out lines 41 and 42 and insert—

‘(d)
the relative cost-effectiveness of different sentences in relation to

preventing re-offending;’.

Secretary Jack Straw

143

Page  62,  line  2  [Clause  104],  leave out subsections (1) to (4) and insert—

‘(1)
This section applies to sentencing guidelines relating to a particular offence.

(2)
The guidelines must, if the Council considers it appropriate given the nature of

the offence, describe, by reference to one or both of the factors mentioned in

subsection (3), different categories of case involving the commission of the

offence which illustrate (in so far as it is possible to do so by reference to those

factors only) the varying degrees of seriousness with which the offence may be

committed.

(3)
Those factors are—

(a)
the offender’s culpability in committing the offence;

(b)
the harm caused, or intended to be caused or which might foreseeably

have been caused, by the offence.

(4)
The guidelines must—

Notices of Amendments: 19 March 2009
472

Coroners and Justice Bill, continued

(a)
specify the range of sentences (“the offence range”) which, in the opinion

of the Council, it may be appropriate for a court to impose on an offender

convicted of that offence, and

(b)
if the guidelines describe different categories of case under subsection

(2), specify for each category the range of sentences within the offence

range which, in the opinion of the Council, it may be appropriate for a

court to impose on an offender in a case which falls within the category.

(4A)
The guidelines must also—

(a)
specify the sentencing starting point in the offence range, or

(b)
if the guidelines describe different categories of case under subsection

(2), specify the sentencing starting point in the offence range for each of

those categories.’.

David Howarth

Jenny Willott

22

Page  62,  line  4  [Clause  104],  leave out subsections (2) and (3) and insert—

‘( )
The guidelines must state the appropriateness of imposing different types of

sentence for the offence with reference to characteristics of the offender and to

characteristics of the offence, including the seriousness of the offence in terms of

its effects on victims and the impact different sentences would have on victims.’.

Secretary Jack Straw

144

Page  62,  line  29  [Clause  104],  at end insert ‘or the offender’.

Secretary Jack Straw

145

Page  62,  line  42  [Clause  104],  leave out from first ‘the’ to end of line 43 and insert

‘offence range.’.

Secretary Jack Straw

146

Page  62,  line  44  [Clause  104],  leave out subsection (8) and insert—

‘(8)
The sentencing starting point in the offence range—

(a)
for a category of case described in the guidelines under subsection (2), is

the sentence within that range which the Council considers to be the

appropriate sentence for cases within that category—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty, and

(b)
where the guidelines do not describe categories of case under subsection

(2), is the sentence within that range which the Council considers to be

the appropriate sentence for the offence—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty.’.

Notices of Amendments: 19 March 2009
473

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Total signatories: 8

Mr Jonathan Djanogly

43

Page  65,  line  12  [Clause  108],  leave out ‘follow’ and insert ‘have regard to’.

Mr Douglas Hogg

Mr Richard Shepherd

74

Page  65,  line  12  [Clause  108],  leave out ‘follow’ and insert ‘take account of’.

Mr Douglas Hogg

Mr Richard Shepherd

75

Page  65,  line  15  [Clause  108],  leave out ‘follow’ and insert ‘take account of’.

Mr Douglas Hogg

Mr Richard Shepherd

73

Page  65,  line  17  [Clause  108],  leave out from ‘court’ to end of line 18 and insert ‘is

of the opinion that it would be unfair to the offender to do so.’.

Secretary Jack Straw

147

Page  65,  line  19  [Clause  108],  leave out ‘Subsection (3) applies’ and insert

‘Subsections (3) and (3A) apply’.

Secretary Jack Straw

148

Page  65,  line  27  [Clause  108],  leave out paragraphs (a) and (b) and insert—

‘(a)
where the offence-specific guidelines describe categories of case under

section 104(2), to decide which of the categories most resembles P’s case

in order to identify the sentencing starting point in the offence range, and

(b)
in all cases, to impose on P in accordance with the offence-specific

guidelines a sentence which is within the offence range.

‘(3A)
In a case where a decision is made under subsection (3)(a), the range of sentences

specified in the guidelines under section 104(4)(b) for the category concerned is

to be disregarded when determining whether the court has discharged the duty

imposed by subsection (1).’.

Mr Douglas Hogg

Mr Richard Shepherd

76

Page  67,  line  14  [Clause  110],  leave out ‘must’ and insert ‘may’.

Notices of Amendments: 19 March 2009
474

Coroners and Justice Bill, continued

Mr Douglas Hogg

Mr Richard Shepherd

77

Page  67,  line  17  [Clause  110],  at end insert—

‘(aa)
the number of places available and unfilled in the prison system at the

date of the assessment,’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Total signatories: 8

Mr Jonathan Djanogly

44

Page  67,  line  28  [Clause  110],  at end insert—

‘(6)
Whilst the courts may have regard to the availability of correctional resources, for

the avoidance of doubt the courts must not pass a sentence that is wholly

determined by resource assessments which are expressly intended for the

guidance of the Secretary of State in planning for and providing such custodial or

community sentences as he advises Parliament, and it considers, necessary in the

light of such assessments.’.

Mr Neil Gerrard

John McDonnell

161


Page  67,  line  28  [Clause  110],  at end insert—

‘(6)
The Secretary of State must monitor any resource assessment published under

this section and must ensure that, so far as reasonably practicable, adequate

resources as determined by the resource assessment are made available for the

implementation of the guidelines.’.

Secretary Jack Straw

149

Page  70,  line  40  [Clause  119],  at end insert—

‘“the offence range” has the meaning given by section 104(4)(a);’.

Secretary Jack Straw

150

Page  71,  line  11  [Clause  119],  at end insert—

‘“the sentencing starting point”, in relation to the offence range, has the

meaning given by section 104(8);’.