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128
Schedule 7, page 111, line 3, leave out from beginning to ("there") in line 7 and insert--
(". After subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.)").
129
Page 112, line 39, leave out first ("for") and insert ("in respect of").
130
Page 112, line 41, leave out ("for that offence").
131
Page 112, line 45, leave out ("one") and insert ("either or both").
132
Page 112, line 47, leave out ("or").
133
Page 119, line 18, at end insert--
("( ) After subsection (7) of that section there shall be added the following subsection--
"(8) References in this section to the offender's being under the age of sixteen years are references to his being under that age on conviction."").
134
Page 121, line 22, leave out ("one") and insert ("either or both").
135
Page 121, line 24, leave out ("or").
136
Page 122, line 31, at end insert--
("( ) For the purposes of sub-paragraphs (3) and (5) above, subsection (1) of section 1A of the 1973 Act shall apply as if--
(a) for the words from the beginning to "may make an order either" there were substituted the words "Where paragraph 8A of Schedule 2 to the Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) or (5) of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender"; and
(b) paragraph (a) of that subsection were omitted.").
137
Page 122, line 45, at end insert--
("( ) Each of sections 2(11), 3(9) and 62(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence."").
138
Page 124, line 40, after ("who") insert ("on conviction").
139
Schedule 8, page 125, line 15, at end insert--
(" . After subsection (1) of section 56 of the 1933 Act (powers of other courts to remit young offenders to youth courts) there shall be inserted the following subsection--
"(1A) References in subsection (1) above to an offender's being committed for trial include references to his being sent for trial under section 48 of the Crime and Disorder Act 1998."").
Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 128 to 139.
Moved, That the House do agree with the Commons in their Amendments Nos. 128 to 139.--(Lord Hardie.)
On Question, Motion agreed to.
140
Schedule 8, page 126, line 19, at end insert--
. In sub-paragraphs (a) and (b) of paragraph 16 (indecency between men etc.) of the Second Schedule to the Sexual Offences Act 1956 (punishments etc.), for the word "eighteen" there shall be substituted the word "sixteen".
. In section 8 of the Sexual Offences Act 1967 (restriction on prosecutions), for the word "twenty-one" there shall be substituted the word "sixteen".").
140A
That this House do disagree with the Commons in their Amendment No. 140.
Baroness Blatch: My Lords, I beg to move that the House do disagree with the Commons in their Amendment No. 140.
Moved, That the House do disagree with the Commons in their Amendment No. 140.--(Baroness Blatch.)
On Question, Motion agreed to.
141
Schedule 8, page 126, line 19, at end insert--
. In subsection (4) of section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 48 of the Crime and Disorder Act 1998,".").
142
Page 126, line 35, at end insert--
("8A. At the end of subsection (2) of section 104 of that Act (general provisions as to interpretation) there shall be inserted the words "if--
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under Part II of the Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions."").
143
Page 126, line 36, at end insert--
(" . In subsection (2) of section 9 of the Criminal Appeal Act 1968 (appeal against sentence following conviction on indictment), after the words "for either way offence)" there shall be inserted the words "or paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with summary offence where person sent for trial for indictable-only offence)".").
144
Page 126, line 37, leave out from beginning to ("after") in line 38 and insert--
(" .--(1) In subsection (2) of section 10 of that Act (appeal against sentence in other cases dealt with at Crown Court), the words "(other than a supervision order within the meaning of that Part)" shall cease to have effect.
(2) In subsection (3) of that section,").
Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 141 to 144.
Moved, That the House do agree with the Commons in their Amendments Nos. 141 to 144.--(Lord Hardie.)
On Question, Motion agreed to.
145
Schedule 8, page 126, line 41, leave out ("40(2)") and insert ("40(3A)").
Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 145. Amendments Nos. 145, 157 to 159, 166, 174, 175, 186, 228, 229 and 232 are all drafting and technical amendments. Amendment No. 145 is a technical change. Amendments Nos. 157 and 158 are drafting amendments. Amendment No. 159 is a necessary amendment to the Magistrates' Courts Act which has been identified in consultation with the Law Commission. Amendment No. 166 is an amendment to Section 37(8) of the Mental Health Act, also identified in the consultation. Amendment No. 174 is a minor technical change consequential on paragraph 43(2) of Schedule 7 to the Bill. Amendment No. 175 refers to the repeal by the Crime (Sentences) Act 1997 of Section 34 of the Criminal Justice Act 1991. Amendment No. 186 amends paragraph 3 of Schedule 2 to the Criminal Justice and Public Order Act 1994. Amendment No. 228 corrects a minor drafting error. Amendment No. 229 is consequential to Amendment No. 41. Amendment No. 232 is a repeal consequential on Amendment No. 159.
Moved, That the House do agree with the Commons in their Amendment No. 145.--(Lord Williams of Mostyn.)
On Question, Motion agreed to.
146
Schedule 8, page 127, line 11, at end insert--
(". In subsection (8) of section 7 of the 1969 Act (alterations in treatment of young offenders etc.), for the words from "person guilty" to "were begun" there shall be substituted the words "child or young person guilty of an offence".").
147
Page 127, line 30, at end insert--
(" . After section 16A of the 1969 Act there shall be inserted the following section--
16B.--(1) The provisions of section 12 of the Criminal Justice Act 1991 (curfew orders) shall apply for the purposes of section 15(3)(a) of this Act 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 section 15(3)(a) of the Children and Young Persons Act 1969, 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 supervision order was proved to the court".
(2) Schedule 2 to the Criminal Justice Act 1991 (enforcement etc. of community orders), so far as relating to curfew orders, shall also apply for the purposes of that section 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 supervision order, in any manner in which the relevant 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;
(c) 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 supervision order, in any manner in which the relevant 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.
(3) For the purposes of the provisions mentioned in subsection (2)(a) and (d) above, as applied by that subsection, if the supervision order is no longer in force the relevant court's powers shall be determined on the assumption that it is still in force.
(4) In this section "relevant court" has the same meaning as in section 15 above."").
148
Page 127, line 36, at end insert--
. In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply) at the end of the list of "Other Bodies" there shall be inserted the following entry--
"Youth Justice Board for England and Wales."").
149
Page 128, line 1, after ("years") insert ("when the order is made").
150
Page 128, line 2, leave out from ("by") to end of line 3 and insert ("a local authority specified in the order."
( ) After that subsection there shall be inserted the following subsection--
"(2A) The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside."").
151
Page 128, line 5, at end insert--
("( ) After that subsection there shall be inserted the following subsection--
"(4A) In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team."").
152
Page 128, line 11, leave out ("After subsection (8)") and insert ("In subsection (4)").
153
Page 128, line 12, after ("orders)") insert (", for the words from "a probation officer" to the end there shall be substituted the following paragraphs--
"(a) a probation officer appointed for or assigned to the area for the time being specified in the order (whether under this subsection or by virtue of Part IV of Schedule 2 to the Criminal Justice Act 1991);
(b) a person appointed for the purposes of those provisions by the probation committee for that area; or
(c) in the case of an offender under the age of 18 years when the order is made, a member of a youth offending team established by a local authority for the time being specified in the order (whether under this subsection or by virtue of that Part)."
( ) After that subsection there shall be inserted the following subsection--
"(4A) The local authority specified as mentioned in subsection (4)(c) above shall be the local authority within whose area it appears to the court that the offender resides or will reside."
( ) After subsection (8) of that section").
154
Page 128, leave out lines 16 to 21.
155
Page 128, line 21, at end insert--
(" . In subsection (2) of section 21 of the 1973 Act (restriction on imposing sentences of imprisonment etc. on persons not legally represented)--
(a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 48 of the Crime and Disorder Act 1998,"; and
(b) for the words "which committed him" there shall be substituted the words "which committed or sent him".
. In subsection (1)(b) of section 32 of the 1973 Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court), after the words "or dealt with" there shall be inserted the words ", or by which he was sent to that Court for trial under section 48 of the Crime and Disorder Act 1998".").
156
Page 128, line 21, at end insert--
(". After subsection (2) of section 23 of the 1973 Act (power of court on conviction of further offence to deal with suspended sentence) there shall be inserted the following subsection--
"(2A) The power to make an order under subsection (2) above has effect subject to section (Restriction on consecutive sentences for released prisoners) of the Crime and Disorder Act 1998."").
157
Page 129, line 43, leave out ("(o)") and insert ("(p)").
158
Page 129, line 44, leave out ("(p)") and insert ("(q)").
159
Page 129, line 44, at end insert--
("32A. In subsection (2) of section 108 of the 1980 Act (right of appeal to the Crown Court), the words "a probation order or" shall cease to have effect.").
160
Page 129, line 44, at end insert--
("32B. In subsection (4)(c) of section 125 of the 1980 Act (warrants)--
(a) the word "and" at the end of sub-paragraph (ii) shall cease to have effect;
(b) in sub-paragraph (iii), for the words "or 97 above" there shall be substituted the words ", 97 or 97A above; and"; and
(c) after that sub-paragraph there shall be inserted the following sub-paragraph--
"(iv) paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998."
32C. In section 126 of the 1980 Act (execution of certain warrants outside England and Wales)--
(a) the word "and" at the end of paragraph (c) shall cease to have effect;
(b) after that paragraph there shall be inserted the following paragraph--
"(cc) warrants of arrest issued under section 97A above;"; and.
(c) after paragraph (d) there shall be inserted the words "; and
(e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998."").
161
Page 129, line 44, at end insert--
(". At the beginning of subsection (1) of section 133 of the 1980 Act (consecutive terms of imprisonment) there shall be inserted the words "Subject to section (Restriction on consecutive sentences for released prisoners) of the Crime and Disorder Act 1998,"").
162
Page 130, line 1, at end insert--
(". After subsection (1) of section 47 of the Supreme Court Act 1981 (sentences and other orders of Crown Court when dealing with offenders) there shall be inserted the following subsection--
"(1A) The power to give a direction under subsection (1) above has effect subject to section (Restriction on consecutive sentences for released prisoners) of the Crime and Disorder Act 1998."").
163
Page 130, line 6, at end insert--
(" . In subsection (2) of section 1 of the 1982 Act (general restriction on custodial sentences), for the words from "remanded in custody" to the end there shall be substituted the following paragraphs--
"(a) remanded in custody;
(b) committed in custody for trial or sentence; or
(c) sent in custody for trial under section 48 of the Crime and Disorder Act 1998."").
164
Page 130, line 15, at end insert--
("( ) At the beginning of subsection (6) of that section there shall be inserted the words "Subject to section (Restriction on consecutive sentences for released prisoners) of the Crime and Disorder Act 1998,"").
165
Page 130, line 23, at end insert--
("( ) In subsection (2) of that section--
(a) after the words "sentence or trial," there shall be inserted the words "or sent to that Court for trial under section 48 of the Crime and Disorder Act 1998,"; and
(b) for the words "which committed him" there shall be substituted the words "which committed or sent him".").
166
Page 130, line 37, at end insert--
. In subsection (8) of section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship), for the words from "pass sentence of imprisonment" to "in respect of the offender" there shall be inserted the following paragraphs--
"(a) pass a sentence of imprisonment, impose a fine or make a community order (within the meaning of Part I of the Criminal Justice Act 1991) in respect of the offence; or
(b) make an order under section 58 of that Act (binding over of parent or guardian) in respect of the offender,".").
167
Page 132, line 1, at end insert--
(". After subsection (4) of section 27 of the 1984 Act (fingerprinting of certain offenders and recording of offences) there shall be inserted the following subsection--
"(4A) In subsection (4) above "conviction" includes--
(a) a caution within the meaning of Part V of the Police Act 1997; and
(b) a reprimand or warning given under section 61 of the Crime and Disorder Act 1998."").
168
Page 132, line 14, leave out from ("of") to end of line 23 and insert ("any offence, any stage of the proceedings after the accused has been sent for trial under section 48 of the Crime and Disorder Act 1998 (no committal proceedings for indictable only and related offences)."").
169
Page 132, line 23, at end insert--
(". After that section there shall be inserted the following section--
23A.--(1) This section applies where--
(a) the Director of Public Prosecutions, or a public authority (within the meaning of section 17 of this Act), has the conduct of proceedings for an offence; and
(b) the accused has been sent for trial under section 48 of the Crime and Disorder Act 1998 for the offence.
(2) Where, at any time before the indictment is preferred, the Director or authority gives notice under this section to the Crown Court sitting at the place specified in the notice under section 48(7) of the Crime and Disorder Act 1998 that he or it does not want the proceedings to continue, they shall be discontinued with effect from the giving of that notice.
(3) The Director or authority shall, in any notice given under subsection (2) above, give reasons for not wanting the proceedings to continue.
(4) On giving any notice under subsection (2) above the Director or authority shall inform the accused of the notice; but the Director or authority shall not be obliged to give the accused any indication of his reasons for not wanting the proceedings to continue.
(5) The discontinuance of any proceedings by virtue of this section shall not prevent the institution of fresh proceedings in respect of the same offence."").
170
Page 133, line 28, leave out from ("prisons)") to end of line 29 and insert ("--
(a) in subsection (7)--
(i) at the beginning there shall be inserted the words "Subject to subsection (7AA) below,";
(ii) for the words "a short-term or long-term prisoner within the meaning of" there shall be substituted the words "any person who is, or is treated as, a long-term or short-term prisoner for the purposes of any provision of";
(iii) the words from "and the foregoing" to the end shall cease to have effect; and
(b) after that subsection there shall be inserted the following subsections--
"(7AA) Additional days shall not be awarded under rules made under subsection (7) above in respect of a sentence where the prisoner has at any time been released on licence, in relation to that sentence, under Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; and any reference to a sentence in such rules shall be construed in accordance with section 27(5) of that Act."").
171
Page 135, line 8, at end insert--
("( ) After that subsection there shall be inserted the following subsection--
"(3A) In the case of a prisoner to whom section 44A below applies, it shall be the duty of the Secretary of State to release him on licence at the end of the extension period (within the meaning of section 55 of the Crime and Disorder Act 1998)."").
172
Page 135, line 33, after ("33(3)") insert ("or (3A)").
173
Page 136, line 25, at end insert--
(" . After subsection (5) of section 39 of the 1991 Act (recall of prisoners while on licence) there shall be inserted the following subsection--
"(5A) In the case of a prisoner to whom section 44A below applies, subsections (4)(b) and (5) of that section apply in place of subsection (5) above."").
174
Page 136, line 33, after ("(2)") insert ("or (3A)").
175
Page 137, line 45, at end insert--
(" . In subsection (4) of section 51 of the 1991 Act (interpretation of Part II)--
(a) for the words "Subsections (2) and (3)" there shall be substituted the words "Subsection (3)"; and
(b) for the words "as they apply" there shall be substituted the words "as it applies".").
176
Page 138, line 6, at beginning insert ("in the case of a person under the age of 18 years on his release,").
177
Page 138, line 39, at end insert--
("( ) After paragraph 12(4) of that Schedule there shall be inserted the following sub-paragraphs--
"(5) Where--
(a) the court amends a probation order or community service order under this paragraph;
(b) a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and
(c) the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,
the court shall further amend the order by substituting the other authority for the authority specified in the order.
(6) In sub-paragraph (5) above "local authority" has the meaning given by section 39 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section."").
178
Page 139, line 4, leave out ("26A(8)") and insert ("26A(4)").
179
Page 139, line 4, at end insert--
("( ) In subsection (2) of that section at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act".").
180
Page 139, line 4, at end insert--
("( ) After subsection (3) of that section there shall be inserted the following subsection--
"(3A) Subsections (1) to (3) above are subject to section 1A of this Act."").
181
Page 139, line 13, at end insert--
(". In section 5 of the 1993 Act (fine defaulters and persons in contempt of court)--
(a) in subsection (1) for the words "and (3)" there shall be substituted the words "to (4)"; and
(b) after subsection (3) there shall be inserted the following subsection--
"(4) Where a person has had imposed on him two or more terms of imprisonment or detention mentioned in subsection (1)(a) or (b) above, sections 1A and 27(5) of this Act shall apply to those terms as if they were terms of imprisonment."
. In section 7 of the 1993 Act (children detained in solemn proceedings)--
(a) in subsection (1)(b) at the end there shall be added the words "unless he has before that time been so released, in relation to that sentence, under any provision of this Act";
(b) after that subsection there shall be inserted the following subsections--
"(2A) This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention in a young offenders institution or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.
(2B) In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.
(2C) In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years--
(a) section 6 of this Act shall apply to him as if the single term were an equivalent sentence of detention in a young offenders institution, if that term is served in such an institution; and
(b) the provisions of this Act shall apply to him as if the single term were an equivalent sentence of imprisonment, if that term is served in a remand centre or a prison.";
(c) after subsection (4) there shall be inserted the following subsection--
"(4A) Where an order under subsection (3) above is made, the making of the order shall, if there is in force a licence relating to the person in respect of whom the order is made, have the effect of revoking that licence."; and.
(d) in subsection (5) after the word "construed" there shall be inserted the words "and sections 1A and 27 shall apply".
. In section 11 of the 1993 Act (duration of licences) subsections (3)(b) and (4) shall cease to have effect.").
182
Page 139, line 13, at end insert--
(". In section 14 of the 1993 Act (supervised release of short-term prisoners), subsections (2) and (3) shall cease to have effect.").
183
Page 139, line 13, at end insert--
(".--(1) In subsection (1) of section 16 of the 1993 Act (orders for return to prison after commission of further offence) after the word "released" there shall be inserted the words "at any time".
(2) In paragraph (a) of subsection (7) of that section after the word "shall" there shall be inserted the words ", if the licence is in force when the order is made,".
(3) Paragraph (b) of that subsection shall cease to have effect.").
184
Page 139, line 13, at end insert--
(". In section 17 of the 1993 Act (revocation of licence), after subsection (4) there shall be inserted the following subsection--
"(4A) Where the case of a prisoner to whom section 3A of this Act applies is referred to the Parole Board under subsection (3) above, subsection (4) of that section shall apply to that prisoner in place of subsection (4) above."").
185
Page 139, line 13, at end insert--
(". In section 20 of the 1993 Act (Parole Board for Scotland), at the end of subsection (4) there shall be inserted the words--
"and rules under this section may make different provision for different classes of prisoner."").
186
Page 139, line 44, at end insert--
(".--(1) In sub-paragraph (1) of paragraph 3 of Schedule 2 to the 1994 Act (certification of custody officers: England and Wales)--
(a) in paragraph (b), for the words "person in charge" there shall be substituted the word "monitor"; and
(b) in paragraph (c), for the words "person in charge" there shall be substituted the word "governor".
(2) In sub-paragraph (2) of that paragraph, for the words "or person in charge" there shall be substituted the words ", monitor or governor".").
187
Page 140, line 38, at end insert--
(". In section 167 of the 1995 Act (findings and sentences in summary proceedings), in subsection (7), at the beginning there shall be inserted the words "Subject to section 204A of this Act,".").
188
Page 141, line 13, after ("Act") insert ("(compulsory disclosure by accused)").
189
Page 141, line 22, at end insert ("(time limits: transitional)").
190
Page 141, line 27, at end insert--
(" . In subsection (1)(a) of section 28 of that Act (introduction to Part III), after the words "committed for trial" there shall be inserted the words ", or sent for trial under section 48 of the Crime and Disorder Act 1998,".
. In subsection (1) of section 39 of that Act (meaning of pre-trial hearing), after the words "committed for trial for the offence concerned" there shall be inserted the words ", after the accused has been sent for trial for the offence under section 48 of the Crime and Disorder Act 1998,".").
191
Page 142, line 22, leave out ("(3)(b) of paragraph 6") and insert ("(3) of paragraph 6--
(a) after paragraph (a) there shall be inserted the following paragraph--
"(aa) in relation to a person who is supervised in pursuance of a detention and training order, being ordered to be detained for any failure to comply with requirements under section 72(6)(b) of the Crime and Disorder Act 1998;"; and.
(b) in paragraph (b),").
192
Page 142, line 28, leave out ("and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act";") and insert (", paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 71 to 73 of the Crime and Disorder Act 1998";").
193
Page 142, line 31, leave out ("and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act";") and insert (", paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 72 and 73 of the Crime and Disorder Act 1998";").
194
Page 142, line 50, leave out ("and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act";") and insert (", paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 71 to 73 of the Crime and Disorder Act 1998";").
195
Page 143, line 3, leave out ("and paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act";") and insert (", paragraphs 8, 10 to 13 and 19 of Schedule 12 to that Act and sections 72 and 73 of the Crime and Disorder Act 1998";").
196
Page 143, line 19, leave out ("to 3,") and insert ("1A, 3, 3A,").
197
Page 143, line 19, leave out ("and (b)(i) and (iii),") and insert ("7,").
198
Page 143, line 20, after ("21") insert (", 26A").
199
Page 143, line 22, at end insert ("and
(ii) after the word "3," there shall be inserted words "6(1)(b)(i) and (iii)";
( ) in sub-paragraph (2)(b), for the words "sub-paragraphs (3) and (4)" there shall be substituted the words "sub-paragraph (3)";").
200
Page 143, line 25, after (""sections") insert ("1A,").
201
Page 143, line 25, after ("2(4),") insert ("3A,").
202
Page 143, line 26, after ("21") insert (", 26A").
203
Page 143, line 42, leave out ("to 3,") and insert ("1A, 3, 3A,").
204
Page 143, line 42, leave out ("and (b)(i) and (iii),") and insert ("7,").
205
Page 143, line 43, after ("21") insert (", 26A").
206
Page 143, line 43, at end insert ("and
(ii) after the word "3," there shall be inserted the words "6(1)(b)(i) and (iii),";").
207
Page 143, line 45, after ("sections") insert ("1A, 3A,").
208
Page 143, line 45, after ("21") insert (", 26A").
209
Page 144, line 6, at end insert--
("( ) In sub-paragraph (1)(a) of paragraph 17 (prisoners unlawfully at large), after the words "section 49(1)" there shall be inserted the words "and (5)".").
210
Page 144, line 6, at end insert--
("( ) In sub-paragraph (1) of paragraph 20, in the definition of "supervision", after the word "purpose" there shall be inserted the words "or a detention and training order".").
211
Page 144, line 26, leave out ("to 3,") and insert ("1A, 3, 3A,").
212
Page 144, line 26, leave out ("and (b)(i) and (iii),") and insert ("7,").
213
Page 144, line 27, after ("21") insert (", 26A").
214
Page 144, line 29, after ("Act")";") insert ("and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");").
215
Page 144, line 31, after (""sections") insert ("1A,").
216
Page 144, line 31, after ("2(4),") insert ("3A,").
217
Page 144, line 31, after ("21") insert (", 26A").
218
Page 144, line 35, leave out ("to 3,") and insert ("1A, 3, 3A,").
219
Page 144, line 35, leave out ("and (b)(i) and (iii),") and insert ("7,").
220
Page 144, line 36, after ("21") insert (", 26A").
221
Page 144, line 37, at end insert ("and
( ) for the words "the 1989 Act" there shall be substituted the words "the Prisons (Scotland) Act 1989 ("the 1989 Act");").
222
Page 144, line 40, after (""sections") insert ("1A,").
223
Page 144, line 40, after ("2(4),") insert ("3A,").
224
Page 144, line 40, after ("21") insert (", 26A").
225
Schedule 9, page 146, line 22, at end insert--
. Section (Power to make confiscation orders on committal for sentence) of this Act does not apply where the offence was committed before the commencement of that section.").
226
Page 146, line 22, at end insert--
. Section (Football spectators: failure to comply with reporting duty) of this Act does not apply where the offence was committed before the commencement of that section.").
227
Page 146, line 28, at end insert--
.--(1) Where the terms of two or more sentences passed before the commencement of section (Early release: two or more sentences) of this Act have been treated, by virtue of section 51(2) of the 1991 Act, as a single term for the purposes of Part II of that Act, they shall continue to be so treated after that commencement.
(2) Subject to sub-paragraph (1) above, section (Early release: two or more sentences) of this Act applies where one or more of the sentences concerned were passed after that commencement.").
228
Page 147, line 4, leave out ("(f)") and insert ("(g)").
229
Page 147, line 14, leave out from ("(2)"") to end of line 16.
230
Page 147, line 31, at end insert--
.--(1) Where the terms of two or more sentences passed before the commencement of paragraph 8A of Schedule 8 to this Act have been treated, by virtue of section 104(2) of the Criminal Justice Act 1967, as a single term for the purposes of section 67 of that Act, they shall continue to be so treated after that commencement.
(2) Subject to sub-paragraph (1) above, paragraph 8A of Schedule 8 to this Act applies where one or more of the sentences concerned were passed after that commencement.").
231
Schedule 10, page 148, line 16, at end insert--
| ("1968 c.19. | Criminal Appeal Act 1968. | In section 10(2), the words "(other than a supervision order within the meaning of that Part)".") |
232
Page 149, line 20, column 3, at end insert--
| ("In section 108(2), the words "a probation order or".") |
233
Page 149, line 20, column 3, at end insert--
| ("In section 125(4)(c), the word "and" at the end of sub-paragraph (ii).In section 126, the word "and" at the end of paragraph (c).") |
234
Page 149, line 43, at end insert--
| ("1989 c.45. | Prisons (Scotland) Act 1989. | In section 39(7), the words from "and the foregoing" to the end.") |
235
Page 150, line 30, at end insert--
| ("1993 c.9. | Prisoners and Criminal Proceedings (Scotland) Act 1993. | Section 11(3)(b) and (4).Section 14(2) and (3).Section 16(7)(b).In paragraph 6B(1) of Schedule 6, the word "and" after head (a)."). |
236
Page 150, line 38, column 3, at end insert--
| ("Section 130(4).") |
Lord Hardie: My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 146 to 236 en bloc.--(Lord Hardie.)
On Question, Motion agreed to.
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