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Public Bill Committee: 10 February 2011                  

632

 

Police Reform and Social Responsibility Bill, continued

 
 

            

“A police and crime commissioner established under section 1 of

 

the Police Reform and Social Responsibility Act 2011.

 

            

The Mayor’s Office for Policing and Crime established under

 

section 3 of that Act.”.’.

 


 

Mr Matthew Offord

 

NS4

 

Parliamentary Star    

To move the following Schedule:—

 

‘Alcohol monitoring requirement

 

387      

The Criminal Justice Act 2003 is amended as follows.

 

388      

In section 177 (Community orders)—

 

(a)    

in subsection (1), after paragraph (j), insert—

 

“(ja)  

an alcohol monitoring requirement (as defined in section

 

212A),”,

 

(b)    

in subsection (2), after paragraph (g), insert “, and

 

    (h)  

section 212A(2) (alcohol monitoring requirement).”.

 

389      

In section 182 (Licence conditions)—

 

(a)    

in subsection (1), after paragraph (f), insert—

 

“(fa)  

an alcohol monitoring requirement (as defined in section

 

212A),”,

 

(b)    

in subsection (2), after paragraph (d), insert “, and

 

    (e)  

section 212A(2) (alcohol monitoring requirement).”.

 

390      

In section 185 (Intermittent custody: licence conditions), in subsection (1),

 

after paragraph (d), insert “, and

 

    (e)  

section 212A(2) (alcohol monitoring requirement).”.

 

391      

In section 190 (Imposition of requirements by suspended sentence order)—

 

(a)    

in subsection (1), after paragraph (j), insert—

 

“(ja)  

an alcohol monitoring requirement (as defined in section

 

212A),”,

 

(b)    

in subsection (2), after paragraph (g), insert “, and

 

    (h)  

section 212A(2) (alcohol monitoring requirement).”,

 

(c)    

in subsection (4), after “an alcohol treatment requirement,”, insert “an

 

alcohol monitoring requirement”.

 

392      

In section 238 (power of court to recommend licence conditions), after

 

subsection (1), insert—

 

“(1A)  

That may include a recommendation that the offender should be

 

required to refrain from consuming alcohol, including a

 

requirement that the offender submit to testing.”.

 

393      

In section 250 (Licence conditions), after subsection (2)(b)(ii), insert “, and

 

(iii)    

a condition requiring the prisoner to refrain from

 

consuming alcohol, including a requirement that

 

the prisoner must submit to testing.”.


 
 

Public Bill Committee: 10 February 2011                  

633

 

Police Reform and Social Responsibility Bill, continued

 
 

394(1)  

Schedule 8 (Breach, revocation or amendment of community order) is

 

amended in accordance with this paragraph.

 

      (2)  

In paragraph 5 (Duty to give warning), in sub-paragraph (1), after the words

 

“community order”, insert “, other than a community order imposing an

 

alcohol monitoring requirement”.

 

      (3)  

After paragraph 6, insert—

 

“Breach of an alcohol monitoring requirement

 

6A  (1)  

If the responsible officer is of the opinion that the offender has

 

failed without reasonable excuse to comply with an alcohol

 

monitoring requirement the officer may arrest the offender and

 

must cause an information to be laid before a justice of the peace in

 

respect of the failure in question.

 

      (2)  

In relation to any community order which was made by the Crown

 

Court and does not include a direction that any failure to comply

 

with the requirements of the order is to be dealt with by a

 

magistrates’ court, the reference in sub-paragraph (1) to a justice of

 

the peace is to be read as a reference to the Crown Court.”.

 

395(1)  

Schedule 12 (Breach or amendment of suspended sentence order, and effect of

 

further conviction) is amended in accordance with this paragraph.

 

      (2)  

In paragraph 4 (Duty to give warning), in sub-paragraph (1), after “a suspended

 

sentence order”, insert “, other than an alcohol monitoring requirement”.

 

      (3)  

After paragraph 5, insert—

 

“Breach of an alcohol monitoring requirement

 

5A  (1)  

If the responsible officer is of the opinion that the offender has

 

failed without reasonable excuse to comply with an alcohol

 

monitoring requirement of a suspended sentence order the officer

 

may arrest the offender and must cause an information to be laid

 

before a justice of the peace in respect of the failure in question.

 

      (2)  

In relation to any suspended sentence order which was made by the

 

Crown Court and does not include a direction that any failure to

 

comply with the requirements of the order is to be dealt with by a

 

magistrates’ court, the reference in sub-paragraph (1) to a justice of

 

the peace is to be read as a reference to the Crown Court.”.

 

396      

In Schedule 14 (Persons to whom copies of requirements to be provided in

 

particular cases), after the entry for “an alcohol treatment requirement”,

 

insert—

 

“An alcohol monitoring requirement

Any person specified under section

 
  

212A(1).”.’.

 
 



 
 

Public Bill Committee: 10 February 2011                  

634

 

Police Reform and Social Responsibility Bill, continued

 
 

Mr Matthew Offord

 

NS5

 

Parliamentary Star    

To move the following Schedule:—

 

‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement

 

397      

The Criminal Justice and Immigration Act 2008 is amended as follows.

 

398      

In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

 

“(na)    

an alcohol monitoring requirement (see paragraph 24A of that

 

Schedule,”.

 

399(1)  

Schedule 1 (further provision about youth rehabilitation orders) is amended in

 

accordance with this paragraph.

 

      (2)  

In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

 

“(ka)    

paragraph 24A(2) (alcohol monitoring requirements), and”.

 

      (3)  

In paragraph 34(4) (provision of copies of orders), after the entry for “an

 

intoxicating substance treatment requirement”, insert—

 

“An alcohol monitoring requirement

Any person specified under paragraph

 
  

24A(1).”.

 
 

400(1)  

Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)

 

is amended in accordance with this paragraph.

 

      (2)  

In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”,

 

insert “, other than an order imposing an alcohol monitoring requirement,”.

 

      (3)  

After paragraph 4, insert—

 

“Breach of an alcohol monitoring requirement

 

4A         

If the responsible officer is of the opinion that the offender has

 

failed without reasonable excuse to comply with an alcohol

 

monitoring requirement the officer may arrest the offender and

 

must cause an information to be laid before a justice of the peace in

 

respect of that failure.

 

      (4)  

In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or

 

under paragraph 4A”.’.

 

 

Order of the House [13 DECEMber 2010]

 

That the following provisions shall apply to the Police Reform and Social

 

Responsibility Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 17 February 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be


 
 

Public Bill Committee: 10 February 2011                  

635

 

Police Reform and Social Responsibility Bill, continued

 
 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [18 january 2011]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

18 January) meet—

 

(a)  

at 4.00 pm on Tuesday 18 January;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 20 January;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 25 January;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 27 January;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 1 February;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 3 February;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 8 February;

 

(h)  

at 9.00 am and 1.00 pm on Thursday 10 February;

 

(i)  

at 10.30 am and 4.00 pm on Tuesday 15 February;

 

(j)  

at 9.00 am and 1.00 pm on Thursday 17 February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 18

Until no later than

The Association of Police Authorities; Louise

 
 

January

1 pm

Casey, Victims’ Commissioner; the

 
   

Association of Chief Police Officers; Police

 
   

Federation of England and Wales

 
 

Tuesday 18

Until no later than

Ian Loader, Professor of Criminology and

 
 

January

6 pm

Director of Criminology at All Souls College,

 
   

University of Oxford; Chief Constable of

 
   

West Midlands Police; Rick Muir, Institute

 
   

for Public Policy Research

 
 

Thursday 20

Until no later than

The Local Government Association; the Chair

 
 

January

10.25 am

of the Advisory Council on the Misuse of

 
   

Drugs; the Wine and Spirit Trade Association;

 
   

the British Beer and Pub Association

 
 

Thursday 20

Until no later than

The Metropolitan Police Service; Liberty

 
 

January

2.30 pm

  
 

Thursday 20

Until no later than

Keir Starmer QC, Director of Public

 
 

January

3.15 pm

Prosecutions.

 

 
 

Public Bill Committee: 10 February 2011                  

636

 

Police Reform and Social Responsibility Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3;

 

Schedule 3; Clause 4; Schedule 4; Clauses 5 to 26; Schedule 5; Clauses 27

 

and 28; Schedule 6; Clauses 29 to 31; Schedule 7; Clauses 32 to 38; Schedule

 

8; Clauses 39 to 57; Schedule 9; Clauses 58 to 76; Schedule 10; Clauses 77

 

to 89; Schedule 11; Clause 90; Schedule 12; Clause 91; Schedule 13; Clauses

 

92 to 98; Schedule 14; Clause 99; Schedule 15; Clauses 100 to 149; Schedule

 

16; Clauses 150 to 156;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 3.00 pm on Thursday 17 February 2011.

 


 
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