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Lord Williams of Mostyn moved Amendments Nos. 197 to 210.
Page 109, line 44, at end insert--
. In subsection (3) of section 10 of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at Crown Court), after paragraph (c) there shall be inserted the following paragraph--
"(cc) where the court makes such an order with regard to him as is mentioned in section 40(2) of the Criminal Justice Act 1991." ").
Page 110, leave out lines 43 to 47 and insert--
(" "(1A) Subsection (1)(b) above has effect subject to section 54(4) of the Crime and Disorder Act 1998 (effect of reprimands and warnings)." ").
Page 111, leave out lines 18 to 28 and insert--
("19. After subsection (8) of section 14 of the 1973 Act (community service orders) there shall be inserted the following subsection--
"(9) In the case of an offender under the age of 18 years--
(a) references in subsections (2), (5)(c) or (6) above to a probation officer include references to a member of a youth offending team; and
(b) the reference in subsection (4) to a probation officer appointed for or assigned to the area for the time being specified in the order includes a reference to a member of a youth offending team established by the local authority within whose area it appears to the court that the offender resides or will reside." ").
Page 111, line 30, at end insert--
(". In subsection (1) of section 46 of the 1973 Act (reports of probation officers), after the words "probation officer" there shall be inserted the words "or a member of a youth offending team".").
Page 111, line 45, at end insert--
("( ) After that paragraph there shall be inserted the following paragraph--
7. In the case of an offender under the age of 18 years, references in this Schedule to a probation officer include references to a member of a youth offending team."").
Page 112, line 7, at end insert--
("23A. In subsection (2) of section 7 of that Act (limitations on rehabilitation under Act etc.), after paragraph (b) there shall be inserted the following paragraph--
"(bb) in any proceedings on an application for a sex offender order under section 2 or, as the case may be, 19 of the Crime and Disorder Act 1998 or in any appeal against the making of such an order;".").
Page 119, line 2, leave out ("subsection") and insert ("subsections").
Page 119, line 6, at end insert--
("(6) For the purposes of any enactment conferring rights of appeal in criminal cases, any such order as is mentioned in subsection (2) above made with regard to any person shall be treated as a sentence passed on him for the offence for which the sentence referred to in subsection (1) above was passed."").
Page 120, line 40, leave out ("In sub-paragraph (1)(d) of paragraph 3") and insert ("After sub-paragraph (4) of paragraph 1").
Page 120, line 41, after ("orders),") insert ("there shall be inserted the following sub-paragraph--
"(5) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court."
( ) In sub-paragraph (1)(d) of paragraph 3 of that Schedule").
Page 121, line 15, leave out ("Prisoners and Criminal Proceedings (Scotland) Act 1993") and insert ("1993 Act").
Page 121, line 24, leave out ("that") and insert ("the 1993").
Page 121, line 30, leave out ("that") and insert ("the 1993").
Page 123, line 17, leave out ("("the 1998 Act")"). On Question, amendments agreed to.
Schedule 8 [Transitional provisions and savings]:
Lord Williams of Mostyn moved Amendment No. 211:
Page 128, line 30, at end insert--
.--(1) Section 83 of this Act does not apply in relation to a prisoner who, immediately before the commencement of that section, has served one or more days more than the requisite period for the term of his sentence.
(2) In this paragraph "the requisite period" has the same meaning as in section 34A of the 1991 Act (which is inserted by section 83 of this Act).").
On Question, amendment agreed to.
Lord Williams of Mostyn moved Amendments Nos. 212 to 221:
On Question, amendments agreed to.
Page 130, line 14, column 3, leave out ("34(1)(c)") and insert ("34, in subsection (1), paragraph (a) and, in paragraph (c)").
Page 130, line 23, column 3, at beginning insert--
("Section 1B(10).")
Page 130, line 27, column 3, at end insert--
("and the words from "For the purposes" to "available evidence"")
Page 130, line 34, column 3, leave out second ("and").
Page 130, line 35, column 3, at end insert--
(", and, in subsection (6), the words "about committal by a magistrates' court to the Crown Court"")
Page 130, line 47, column 3, at end insert--
("In sections 38(2) and 38A(2), the words ", in accordance with section 56 of the Criminal Justice Act 1967,".")
Page 131, line 3, column 3, at end insert--
("Section 18(7).")
Page 132, line 24, column 3, leave out ("section 35(8)(a),") and insert--
("section 35, in subsection (5), paragraph (c) and the word "and" at the end of paragraph (d), and in subsection (8), in paragraph (a),")
Page 132, line 28, column 3, at end insert--
("and the word "and" at the end of that paragraph")
Page 133, line 54, at end insert--
("1997 c.50. Police Act 1997. In section 94(4), the word "and" immediately preceding paragraph (c).")
House adjourned at twelve minutes before midnight.
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