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| | | “A police and crime commissioner established under section 1 of |
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| | the Police Reform and Social Responsibility Act 2011. |
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| | | The Mayor’s Office for Policing and Crime established under |
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| | section 3 of that Act.”.’. |
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| To move the following Schedule:— |
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| | ‘Alcohol monitoring requirement |
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| | 387 | The Criminal Justice Act 2003 is amended as follows. |
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| | 388 | In section 177 (Community orders)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 389 | In section 182 (Licence conditions)— |
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| | (a) | in subsection (1), after paragraph (f), insert— |
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| | “(fa) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 390 | In section 185 (Intermittent custody: licence conditions), in subsection (1), |
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| | after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 391 | In section 190 (Imposition of requirements by suspended sentence order)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | |
| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”, |
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| | (c) | in subsection (4), after “an alcohol treatment requirement,”, insert “an |
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| | alcohol monitoring requirement”. |
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| | 392 | In section 238 (power of court to recommend licence conditions), after |
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| | “(1A) | That may include a recommendation that the offender should be |
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| | required to refrain from consuming alcohol, including a |
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| | requirement that the offender submit to testing.”. |
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| | 393 | In section 250 (Licence conditions), after subsection (2)(b)(ii), insert “, and |
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| | (iii) | a condition requiring the prisoner to refrain from |
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| | consuming alcohol, including a requirement that |
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| | the prisoner must submit to testing.”. |
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| | 394(1) | Schedule 8 (Breach, revocation or amendment of community order) is |
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| | amended in accordance with this paragraph. |
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| | (2) | In paragraph 5 (Duty to give warning), in sub-paragraph (1), after the words |
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| | “community order”, insert “, other than a community order imposing an |
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| | alcohol monitoring requirement”. |
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| | (3) | After paragraph 6, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 6A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement the officer may arrest the offender and |
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| | must cause an information to be laid before a justice of the peace in |
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| | respect of the failure in question. |
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| | (2) | In relation to any community order which was made by the Crown |
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| | Court and does not include a direction that any failure to comply |
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| | with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 395(1) | Schedule 12 (Breach or amendment of suspended sentence order, and effect of |
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| | further conviction) is amended in accordance with this paragraph. |
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| | (2) | In paragraph 4 (Duty to give warning), in sub-paragraph (1), after “a suspended |
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| | sentence order”, insert “, other than an alcohol monitoring requirement”. |
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| | (3) | After paragraph 5, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 5A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement of a suspended sentence order the officer |
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| | may arrest the offender and must cause an information to be laid |
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| | before a justice of the peace in respect of the failure in question. |
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| | (2) | In relation to any suspended sentence order which was made by the |
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| | Crown Court and does not include a direction that any failure to |
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| | comply with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 396 | In Schedule 14 (Persons to whom copies of requirements to be provided in |
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| | particular cases), after the entry for “an alcohol treatment requirement”, |
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| “An alcohol monitoring requirement |
| Any person specified under section |
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| To move the following Schedule:— |
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| | ‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement |
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| | 397 | The Criminal Justice and Immigration Act 2008 is amended as follows. |
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| | 398 | In section 1 (youth rehabilitation orders), after subsection (1)(n), insert— |
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| | “(na) | an alcohol monitoring requirement (see paragraph 24A of that |
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| | 399(1) | Schedule 1 (further provision about youth rehabilitation orders) is amended in |
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| | accordance with this paragraph. |
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| | (2) | In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert— |
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| | “(ka) | paragraph 24A(2) (alcohol monitoring requirements), and”. |
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| | (3) | In paragraph 34(4) (provision of copies of orders), after the entry for “an |
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| | intoxicating substance treatment requirement”, insert— |
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| “An alcohol monitoring requirement |
| Any person specified under paragraph
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| | 400(1) | Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) |
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| | is amended in accordance with this paragraph. |
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| | (2) | In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, |
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| | insert “, other than an order imposing an alcohol monitoring requirement,”. |
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| | (3) | After paragraph 4, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 4A | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement the officer may arrest the offender and |
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| | must cause an information to be laid before a justice of the peace in |
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| | |
| | (4) | In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or |
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| | Order of the House [13 DECEMber 2010] |
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| | That the following provisions shall apply to the Police Reform and Social |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 17 February 2011. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| | Order of the Committee [18 january 2011] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | (a) | at 4.00 pm on Tuesday 18 January; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 20 January; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 25 January; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 27 January; |
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| | (e) | at 10.30 am and 4.00 pm on Tuesday 1 February; |
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| | (f) | at 9.00 am and 1.00 pm on Thursday 3 February; |
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| | (g) | at 10.30 am and 4.00 pm on Tuesday 8 February; |
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| | (h) | at 9.00 am and 1.00 pm on Thursday 10 February; |
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| | (i) | at 10.30 am and 4.00 pm on Tuesday 15 February; |
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| | (j) | at 9.00 am and 1.00 pm on Thursday 17 February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | The Association of Police Authorities; Louise |
| | | | | | Casey, Victims’ Commissioner; the |
| | | | | | Association of Chief Police Officers; Police |
| | | | | | Federation of England and Wales |
| | | | | | Ian Loader, Professor of Criminology and |
| | | | | | Director of Criminology at All Souls College, |
| | | | | | University of Oxford; Chief Constable of |
| | | | | | West Midlands Police; Rick Muir, Institute |
| | | | | | for Public Policy Research |
| | | | | | The Local Government Association; the Chair |
| | | | | | of the Advisory Council on the Misuse of |
| | | | | | Drugs; the Wine and Spirit Trade Association; |
| | | | | | the British Beer and Pub Association |
| | | | | | The Metropolitan Police Service; Liberty |
| | | | | | | | | | | | Keir Starmer QC, Director of Public |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clause 1; Schedule 1; Clause 2; Schedule 2; Clause 3; |
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| | Schedule 3; Clause 4; Schedule 4; Clauses 5 to 26; Schedule 5; Clauses 27 |
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| | and 28; Schedule 6; Clauses 29 to 31; Schedule 7; Clauses 32 to 38; Schedule |
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| | 8; Clauses 39 to 57; Schedule 9; Clauses 58 to 76; Schedule 10; Clauses 77 |
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| | to 89; Schedule 11; Clause 90; Schedule 12; Clause 91; Schedule 13; Clauses |
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| | 92 to 98; Schedule 14; Clause 99; Schedule 15; Clauses 100 to 149; Schedule |
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| | |
| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 3.00 pm on Thursday 17 February 2011. |
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