| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Lord Williams of Mostyn moved Amendments Nos. 163 and 164:
Page 83, leave out lines 39 to 41 and insert ("shall, on or before the relevant date--
(a) be served on that person; and
(b) be given to the Crown Court sitting at the place specified in the notice under subsection (5) of that section.
(2) In sub-paragraph (1) above "the relevant date" means the date prescribed by the regulations.").
Page 86, line 4, at end insert--
.--(1) Sub-paragraph (2) below applies where a justice of the peace for any commission area is satisfied that--
(a) any person in England and Wales ("the witness") is likely to be able to make on behalf of the prosecutor a written statement containing material evidence, or produce on behalf of the prosecutor a document or other exhibit likely to be material evidence, for the purposes of proceedings for an offence for which a person has been sent for trial under section 42 of this Act by a magistrates' court for that area; and
(b) the witness will not voluntarily make the statement or produce the document or other exhibit.
(2) In such a case the justice shall issue a summons directed to the witness requiring him to attend before a justice at the time and place appointed in the summons, and to have his evidence taken as a deposition or to produce the document or other exhibit.
(3) If a justice of the peace is satisfied by evidence on oath of the matters mentioned in sub-paragraph (1) above, and also that it is probable that a summons under sub-paragraph (2) above would not procure the result required by it, the justice may instead of issuing a summons issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.
(4) A summons may also be issued under sub-paragraph (2) above if the justice is satisfied that the witness is outside the British Islands, but no warrant may be issued under sub-paragraph (3) above unless the justice is satisfied by evidence on oath that the witness is in England and Wales.
(5) If--
(a) the witness fails to attend before a justice in answer to a summons under this paragraph;
(b) the justice is satisfied by evidence on oath that the witness is likely to be able to make a statement or produce a document or other exhibit as mentioned in sub-paragraph (1)(a) above;
(c) it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons and that a reasonable sum has been paid or tendered to him for costs and expenses; and
(d) it appears to the justice that there is no just excuse for the failure,
the justice may issue a warrant to arrest the witness and to bring him before a justice at the time and place specified in the warrant.
(6) Where--
(a) a summons is issued under sub-paragraph (2) above or a warrant is issued under sub-paragraph (3) or (5) above; and
(b) the summons or warrant is issued with a view to securing that the witness has his evidence taken as a deposition,
the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before the relevant date.
(7) If any person attending or brought before a justice in pursuance of this paragraph refuses without just excuse to have his evidence taken as a deposition, or to produce the document or other exhibit, the justice may do one or both of the following--
(a) commit him to custody until the expiration of such period not exceeding one month as may be specified in the summons or warrant or until he sooner has his evidence taken as a deposition or produces the document or other exhibit;
(b) impose on him a fine not exceeding £2,500.
(8) A fine imposed under sub-paragraph (7) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(9) If in pursuance of this paragraph a person has his evidence taken as a deposition, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the deposition to the prosecutor and the Crown Court.
(10) If in pursuance of this paragraph a person produces an exhibit which is a document, the clerk of the justice concerned shall as soon as is reasonably practicable send a copy of the document to the prosecutor and the Crown Court.
(11) If in pursuance of this paragraph a person produces an exhibit which is not a document, the clerk of the justice concerned shall as soon as is reasonably practicable inform the prosecutor and the Crown Court of that fact and of the nature of the exhibit.
(12) In this paragraph--
"prescribed" means prescribed by rules made under section 144 of the 1980 Act;
"the relevant date" has the meaning given by paragraph 1(2) above.").
On Question, amendments agreed to.
Schedule 3 [Enforcement etc. of drug treatment and testing orders]:
Lord Williams of Mostyn moved Amendment No. 165:
On Question, amendment agreed to.
Schedule 4 [Enforcement etc. of reparation and action plan orders]:
Lord Williams of Mostyn moved Amendment No. 166:
On Question, amendment agreed to.
Schedule 6 [Pre-consolidation amendments: powers of criminal courts]:
Lord Williams of Mostyn moved Amendments Nos. 167 to 196:
On Question, amendments agreed to.
Schedule 7 [Minor and consequential amendments]:
Page 92, line 40, at end insert--
("( ) Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words "paragraph 3(1)(d) above" there were substituted the words "paragraph 14A(5)(b) below".").
Page 95, line 42, after ("from") insert ("subsection (4B) of section 18 and").
Page 99, line 15, at end insert--
("(3) After subsection (5) of that section there shall be added the following subsection--
"(6) In relation to any other child or young person, references in this section to his parent shall be construed in accordance with section 1 of the Family Law Reform Act 1987." ").
Page 99, leave out line 25 and insert--
("(3) Subsection (3) of that section shall cease to have effect.
(4) For subsection (5) of that section there shall be substituted the following subsections--
"(5) Where under subsection (1) above a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence, the Crown Court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates' court could deal with him if it had just convicted him of the offence.
(5A) Subsection (5) above does not apply where under subsection (1) above a magistrates' court commits a person to be dealt with by the Crown Court in respect of a suspended sentence, but in such a case the powers under section 23 of the Powers of Criminal Courts Act 1973 (power of court to deal with suspended sentence) shall be exercisable by the Crown Court.
(5B) Without prejudice to subsections (5) and (5A) above, where under subsection (1) above or any enactment to which this section applies a magistrates' court commits a person to be dealt with by the Crown Court, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates' court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the Crown Court.
(5C) Where under subsection (1) above a magistrates' court commits a person to be dealt with by the Crown Court in respect of an offence triable only on indictment in the case of an adult (being an offence which was tried summarily because of the offender's being under 18 years of age), the Crown Court's powers under subsection (5) above in respect of the offender after he attains the age of 18 years shall be as follows--
(a) it may impose a fine not exceeding £5,000; or
(b) it may deal with the offender in respect of the offence in any way in which the magistrates' court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.
(5D) For the purposes of this section the age of an offender shall be deemed to be that which it appears to the court to be after considering any available evidence."
(5) Subsection (13) of that section shall cease to have effect.").
Page 99, line 27, leave out ("section 7(8)") and insert ("subsection (8) of section 7").
Page 99, line 30, at end insert--
("(2) After that subsection there shall be added the following subsection--
"(9) The reference in subsection (8) above to a person's parent shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (and not in accordance with section 70(1A) of this Act)." ").
Page 99, line 44, at end insert--
("( ) for the words "his detention in pursuance of a hospital order under Part III" there shall be substituted the words "the making of a hospital order or guardianship order within the meaning";").
Page 99, line 46, at end insert--
("( ) after that paragraph there shall be inserted the following paragraph--
"(aa) treatment by or under the direction of a chartered psychologist specified in the order;";").
Page 100, line 5, at end insert ("and "chartered psychologist" means a person for the time being listed in the British Psychological Society's Register of Chartered Psychologists." ").
Page 100, line 5, at end insert--
("(3) After subsection (2) of that section there shall be added the following subsection--
"(3) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof for the purposes of subsection (1) above of a supervised person's mental condition as they have effect with respect to proof of an offender's mental condition for the purposes of section 37(2)(a) of that Act." ").
Page 100, line 8, leave out from ("In") to third ("of") and insert ("subsection (1)(a) of section 16A of the 1969 Act (application of sections 17 to 19").
Page 100, line 10, at end insert--
("(2) In subsection (2)(b) of that section--
(a) in sub-paragraph (i), after the word "from" there shall be inserted the words "subsection (4A) of section 18 and"; and
(b) in sub-paragraph (ii), for the words "subsection (6)" there shall be substituted the words "subsection (4B) of section 18 and subsection (6) of section 19".").
Page 100, line 41, at end insert--
(".--(1) In subsection (9) of section 1B of the 1973 Act (commission of further offence by person conditionally discharged), for the words from "those which" to the end there shall be substituted the words "powers to do one of the following--
(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made; or
(b) to deal with the offender for that offence in any way in which a magistrates' court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months."
(2) Subsection (10) of that section (which is superseded by provision inserted by this Schedule in section 57 of the 1973 Act) shall cease to have effect.").
Page 100, line 43, after ("discharge),") insert--
("(a) in paragraph (a), for the words "the following provisions" there shall be substituted the words "section 1B"; and
(b)")
Page 100, line 44, at end insert--
(". In section 2(1) of the 1973 Act (probation orders), the words from "For the purposes" to "available evidence" (which are superseded by provision inserted by this Schedule in section 57 of the 1973 Act) shall cease to have effect.").
Page 101, line 22, leave out from beginning to ("for") in line 23 and insert--
(".--(1) In subsection (1) of section 14 of the 1973 Act (community service orders in respect of convicted persons), after the word "imprisonment", in the first place where it occurs, there shall be inserted the words "(not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997)".
(2) In that subsection, after the words "young offenders" there shall be inserted the words "; and for the purposes of this subsection a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997 if it is required by that provision and the court is not of the opinion there mentioned".
(3) In subsection (7) of that section,").
Page 102, line 2, at end insert--
("( ) In subsection (6) of that section--
(a) the words "about committal by a magistrates' court to the Crown Court" shall cease to have effect; and
(b) after the words "dealt with him" there shall be inserted the words "or could deal with him".").
Page 102, line 20, at end insert--
(". In section 46 of the 1973 Act (reports of probation officers), after subsection (2) there shall be added the following subsection--
"(3) For the purposes of this section--
(a) references to an offender's parent shall be construed in accordance with section 1 of the Family Law Reform Act 1987; and
(b) "guardian" has the same meaning as in the Children and Young Persons Act 1933." ").
Page 102, line 30, at end insert--
("(2) After subsection (6) of that section there shall be added the following subsection--
"(7) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence." ").
Page 103, line 19, at end insert--
(" .--(1) In subsection (2) of section 38 of the 1980 Act (committal for sentence on summary trial of offence triable either way), the words ", in accordance with section 56 of the Criminal Justice Act 1967," shall cease to have effect.
(2) After that subsection there shall be inserted the following subsection--
"(2A) Where the court commits a person under subsection (2) above, section 56 of the Criminal Justice Act 1967 (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly."
.--(1) In subsection (2) of section 38A of the 1980 Act (committal for sentence on indication of guilty plea to offence triable either way), the words ", in accordance with section 56 of the Criminal Justice Act 1967," shall cease to have effect.
(2) In subsection (5) of that section, for the words "the court might have dealt with him" there shall be substituted the words "the magistrates' court could deal with him if it had just convicted him of the offence".
(3) After that subsection there shall be inserted the following subsection--
"(5A) Where the court commits a person under subsection (2) above, section 56 of the Criminal Justice Act 1967 (which enables a magistrates' court, where it commits a person under this section in respect of an offence, also to commit him to the Crown Court to be dealt with in respect of certain other offences) shall apply accordingly." ").
Page 103, line 43, leave out from beginning to ("there") in line 44 and insert--
(".--(1) In subsection (1) of section 17 of the 1982 Act (attendance centre orders), for the words "Subject to subsections (3) and (4) below," there shall be substituted the words "Where a person
under 21 years of age is convicted by or before a court of an offence punishable with imprisonment (not being an offence the sentence for which is fixed by law or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997), or".
(2) In that subsection, for paragraph (a) there shall be substituted the following paragraph--
"(a) would have power, but for section 1 above, to commit a person under 21 years of age to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone, or".
(3) In that subsection, in paragraph (b), for the words "any such person" there shall be substituted the words "a person under 21 years of age" and after that paragraph").
Page 103, line 47, at end insert--
("( ) After that subsection there shall be inserted the following subsection--
"(1A) For the purposes of subsection (1) above--
(a) the reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders; and
(b) a sentence falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997 if it is required by that provision and the court is not of the opinion there mentioned." ").
Page 104, line 10, at end insert--
(" .--(1) In section 18 of the 1982 Act (discharge and variation of attendance centre orders), for subsection (4A) there shall be substituted the following subsections--
"(4A) Any power conferred by this section--
(a) on a magistrates' court to discharge an attendance centre order made by such a court, or
(b) on the Crown Court to discharge an attendance centre order made by the Crown Court,
includes power to deal with the offender, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
(4B) A person sentenced by a magistrates' court under subsection (4A) above for an offence may appeal to the Crown Court against the sentence."
(2) Subsection (7) of that section shall cease to have effect.
(3) In that section, after subsection (9) there shall be added the following subsections--
"(10) Where an offender has been ordered to attend at an attendance centre in default of the payment of a sum of money or for such a failure or abstention as is mentioned in section 17(1)(a) above, subsection (4A) above shall have effect in relation to the order as if the words ", for the offence in respect of which the order was made," and "for that offence" were omitted.
(11) Where an attendance centre order has been made on appeal, for the purposes of this section it shall be deemed--
(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and subsection (4A) above shall have effect in relation to an attendance centre order made on appeal as if the words "if the order had not been made" were omitted."
.--(1) In subsection (1) of section 19 of the 1982 Act (breaches of attendance centre orders or attendance centre rules), for the words "has been made" there shall be substituted the words "is in force".
(2) In subsection (5) of that section, after the word "failed" there shall be inserted the words "without reasonable excuse".
(3) After subsection (7) of that section there shall be added the following subsections--
"(8) Where an offender has been ordered to attend at an attendance centre in default of the payment of a sum of money or for such a failure or abstention as is mentioned in section 17(1)(a) above, subsections (3) and (5) above shall have effect in relation to the order as if the words ", for the offence in respect of which the order was made," and "for that offence" were omitted.
(9) Where an attendance centre order has been made on appeal, for the purposes of this section it shall be deemed--
(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to an attendance centre order made on appeal, subsection (3)(a) above shall have effect as if the words "if the order had not been made" were omitted and subsection (5) above shall have effect as if the words "if it had not made the order" were omitted." ").
Page 104, line 48, at end insert--
(". In each of subsections (3)(b) and (4)(a) of section 57 of the 1991 Act (responsibility of parent of guardian for financial penalties), for the words "section 35(4)(a)" there shall be substituted the words "section 35(4)".").
Page 105, line 3, after ("section,") insert--
("(a) "guardian" has the same meaning as in the 1933 Act; and
(b)")
Page 106, line 19, leave out from ("offence"") to end of line 20.
Page 106, line 20, at end insert--
("( ) After paragraph 6 of that Schedule there shall be inserted the following paragraph--
"6A.--(1) Where a relevant order was made by a magistrates' court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do one of the following--
(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made; or
(b) to deal with the offender for that offence in any way in which a magistrates' court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.
(2) In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders."
( ) In paragraph 7(5) of that Schedule, after the word "above" there shall be inserted the words "for an offence".").
Page 107, line 31, leave out from beginning to ("Where") in line 32 and insert ("paragraphs--
"11A. Paragraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words "powers exercisable under paragraph 3(1)(d) above" there were substituted the words "powers to deal with the offender which are exercisable under paragraph 7(2)(a)(ii) or 8(2)(b) below".
11B.").
Page 108, line 10, at end insert--
(" .--(1) In subsection (2)(a) of section 35 of the 1997 Act (community sentences for fine defaulters), for the words "and (11)" there shall be substituted the words ", (10) and (11)".
(2) In subsection (5) of that section, paragraph (c) shall cease to have effect.
(3) In that subsection, the word "and" at the end of paragraph (d) shall cease to have effect and after paragraph (e) there shall be added the following paragraphs--
"(f) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;
(g) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and
(h) paragraph 8(2)(b) of that Schedule shall not apply."
(4) In subsection (7) of that section, for the words "section 12(5)" there shall be substituted the words "section 12(6)".
(5) In subsection (8) of that section, the word "and" at the end of paragraph (a) shall cease to have effect and after paragraph (b) there shall be added the following paragraphs--
"(c) the reference in paragraph 7(1)(b) of that Schedule to the offence in respect of which the order was made shall be construed as a reference to the default in respect of which the order was made;
(d) the power conferred by paragraph 7(2)(a)(ii) of that Schedule to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question; and
(e) paragraph 8(2)(b) of that Schedule shall not apply."
(6) In subsection (10) of that section, for the words "subsection (2)(b)" there shall be substituted the words "subsection (2)(a) or (b)".
.--(1) In subsection (3) of section 37 of the 1997 Act (community sentences for persistent petty offenders)--
(a) in paragraph (a), for the words "(4) and (6)" there shall be substituted the words "(4), (5A) and (6)"; and
(b) in paragraph (b), for the words "(5) and (6)" there shall be substituted the words "(5), (5A) and (6)".
(2) For subsections (4) and (5) of that section there shall be substituted the following subsections--
"(4) In this section "community service order" has the same meaning as in the 1973 Act and--
(a) section 14(2) of that Act; and
(b) so far as applicable, the other provisions of that Act relating to community service orders and the provisions of Part I of the 1991 Act so relating,
shall have effect in relation to an order under subsection (3)(a) above as they have effect in relation to a community service order made under the 1973 Act in respect of an offender.
(5) In this section "curfew order" has the same meaning as in Part I of the 1991 Act and--
(a) section 12(6) of that Act; and
(b) so far as applicable, the other provisions of that Part relating to curfew orders,
shall have effect in relation to an order under subsection (3)(b) above as they have effect in relation to a curfew order made under that Act in respect of an offender.
(5A) A court shall not make an order under subsection (3)(a) or (b) above in respect of a person who is under 16."").
Page 108, line 10, at end insert--
(". In section 50 of the 1997 Act (disclosure of pre-sentence reports), after subsection (6) there shall be added the following subsection--
"(7) In this section "guardian" has the same meaning as in the 1933 Act."").
Page 108, line 10, at end insert--
(". In section 54 of the 1997 Act (general interpretation), after subsection (3) there shall be added the following subsection--
"(4) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence." ").
Page 108, line 10, at end insert--
(". In section 55(2) of the 1997 Act (interpretation of minor and consequential amendments), for the words "in any case where" (in both places where they occur) there shall be substituted the word "and".").
Next Section
Back to Table of Contents
Lords Hansard Home Page