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107
Clause 108, page 87, line 20, after ("Sections") insert ("(Reduction in age at which certain sexual acts are lawful)(4),").
107A
That this House do disagree with the Commons in their Amendment No. 107.
Baroness Blatch: My Lords, I beg to move that the House do disagree with the Commons in their Amendment No. 107. This is also consequential upon Amendment No. 14, spoken to by my noble friend Lady Young.
Moved, That the House do disagree with the Commons in their Amendment No. 107.--(Baroness Blatch.)
On Question, Motion agreed to.
108
Clause 108, page 87, line 20, leave out ("section").
108A
That this House do disagree with the Commons in their Amendment No. 108.
Baroness Blatch: My Lords, I beg to move that the House do disagree with the Commons in their Amendment No. 108. This is also consequential on Amendment No. 14.
Moved, That the House do disagree with the Commons in their Amendment No. 108.--(Baroness Blatch.)
On Question, Motion agreed to.
109
Clause 108, page 87, line 22, after ("(3),") insert ("32C,").
110
Page 87, line 25, at beginning insert ("Section 33(5) above,").
111
Page 87, line 25, after ("(3)") insert (", 32C").
112
Page 87, line 28, at beginning insert ("Section 33(5) above,").
113
Page 87, line 28, after ("(3)") insert (", 32C").
114
Page 87, line 37, leave out from beginning to ("to") in line 38 and insert ("in Schedule 1 to the 1997 Act--
(a) paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and
(b) paragraph 19 (application of Schedule in relation to the Isle of Man),
apply").
115
Page 87, line 40, leave out subsection (13).
116
Schedule 2, page 92, line 41, leave out from ("shall") to end of line 42 and insert ("out of money provided by Parliament pay to the Board such sums towards its expenses as he may determine.").
117
Schedule 3, page 96, line 44, at end insert--
.--(1) Subject to sub-paragraph (3) below, sub-paragraph (2) below applies where in pursuance of paragraph 4 above a person has his evidence taken as a deposition.
(2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for an offence for which he was sent for trial under section 48 of this Act or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) above does not apply if--
(a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed;
(b) the court of trial at its discretion orders that sub-paragraph (2) above shall not apply; or
a party to the proceedings objects to sub-paragraph (2) above applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.").
118
Schedule 4, page 101, line 21, at end insert--
("( ) After sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph--
"(4) In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 58(9) of the Crime and Disorder Act 1998."").
119
Page 101, line 29, leave out ("by which the order was made") and insert ("responsible for the order").
120
Page 101, line 43, leave out ("made by a magistrates' court,") and insert ("for which a magistrates' court is responsible,").
121
Page 102, line 24, leave out ("did not make") and insert ("is not responsible for").
122
Page 102, line 33, leave out ("by which a drug treatment and testing was made") and insert ("responsible for a drug treatment and testing order").
123
Page 103, line 13, leave out first ("above") and insert ("of the Crime and Disorder Act 1998").
124
Schedule 5, page 104, line 41, at end insert--
("( ) For the purposes of sub-paragraph (2)(b) and above, a reparation order or action plan order made on appeal from a decision of a magistrates' court or the Crown Court shall be treated as if it had been made by a magistrates' court or the Crown Court, as the case may be.").
125
Page 104, line 48, leave out ("of the breach").
126
Page 106, line 31, at end insert--
("(2A) The provisions of section 12 of the 1991 Act (curfew orders) shall apply for the purposes of paragraph 3(2)(a) above but as if--
(a) in subsection (1), for the words from the beginning to "before which he is convicted" there were substituted the words "Where a court considers it appropriate to make a curfew order in respect of any person in pursuance of paragraph 3(2)(a) of Schedule 5 to the Crime and Disorder Act 1998, the court"; and
(b) in subsection (8), for the words "on conviction" there were substituted the words "on the date on which his failure to comply with a requirement included in the reparation order or action plan order was proved to the court".
(2B) Schedule 2 to the 1991 Act (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that paragraph but as if--
(a) the power conferred on the magistrates' court by each of paragraphs 3(1)(d) and 7(2)(a)(ii) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court could deal with him for that failure to comply if it had just been proved to the satisfaction of that court;
(b) the power conferred on the Crown Court by paragraph 4(1)(d) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with such a requirement, in any manner in which that court could deal with him for that failure to comply if it had just been proved to its satisfaction;
the reference in paragraph 7(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
(d) the power conferred on the Crown Court by paragraph 8(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with a requirement included in the reparation order or action plan order, in any manner in which the appropriate court (if that order was made by a magistrates' court) or the Crown Court (if that order was made by the Crown Court) could deal with him for that failure to comply if it had just been proved to the satisfaction of that court.
(2C) For the purposes of the provisions mentioned in sub-paragraph (2B)(a) and (d) above, as applied by that sub-paragraph, if the reparation order or action plan order is no longer in force the appropriate court's powers shall be determined on the assumption that it is still in force.").
Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 109 to 126. These amendments have already been spoken to.
Moved, That the House do agree with the Commons in their Amendments Nos. 109 to 126.--(Lord Hardie.)
On Question, Motion agreed to.
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 127. In this grouping are Amendments Nos. 127 and 129 to 138. These are minor amendments to Schedule 7. They have been identified in consultation with the Law Commission as necessary to facilitate the consolidation of certain enactments relating to the sentencing powers of the courts.
Moved, That the House do agree with the Commons in their Amendment No. 127.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
127
Schedule 7, page 110, line 44, leave out from ("be") to ("deal") in line 46 and insert ("powers to do either or both of the following--
(a) to impose a fine not exceeding £5,000;
(b) to").
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