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back to previous amendments
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 179B | Page 112, line 21, leave out "300" and insert "400" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 179C | Page 112, line 42, after "work" insert "for the benefit of the community" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 179D | Page 113, line 19, after "order" insert "for such number of hours and" |
| 179E | Page 113, line 38, leave out "60" and insert "100" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 180 | Page 114, leave out line 22 |
| 181 | Page 116, line 37, after "periods)" insert "or under the direction of a specified person having the necessary qualifications or experience" |
| 182 | Page 117, line 6, after "both)" insert "or under the direction of a specified person having the necessary qualifications or experience" |
| 183 | Page 117, line 9, leave out "may" and insert "shall" |
| 184 | Page 117, line 13, after "(c. 20)" insert "and a specified person having the necessary qualifications or experience" |
| 185 | Page 117, line 24, after "officer" insert "or the person specified as the person under whose direction the treatment is provided," |
| 186 | Page 117, line 35, after "psychologist" insert ", or other specified person having the necessary qualifications or experience," |
| 187 | Page 118, line 5, after "psychologist" insert ", or other specified person having the necessary qualifications or experience," |
| | THE LORD ADEBOWALE
THE BARONESS WALMSLEY |
| 188 | Page 118, line 23, leave out "by the responsible officer or" |
| 189 | Page 118, line 26, leave out "may" and insert "shall" |
| 190 | Page 118, line 44, at end insert "and not more than three years" |
| | THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS |
| 190A | Page 119, line 1, leave out first "at" and insert "by" |
| 190B | Page 119, line 2, at end insert "or |
| (c) | treatment by or under the direction of such person or place, and at such intervals as may be so specified;" |
| 190C | Page 119, line 4, leave out "or (b)" and insert ", (b) or (c)" |
| | THE LORD ADEBOWALE
THE BARONESS WALMSLEY |
| 191 | Page 119, line 18, leave out from "requirement" to end of line 19 and insert "shall" |
| | THE BARONESS WALMSLEY
THE LORD ADEBOWALE |
| 192 | Page 120, line 7, leave out "may" and insert "shall" |
| 193 | Page 120, line 9, leave out "may" and insert "shall" |
| | THE LORD ADEBOWALE
THE BARONESS WALMSLEY |
| 194 | Page 121, line 29, at end insert "and not more than three years" |
| | THE LORD ADEBOWALE
THE BARONESS WALMSLEY |
| 195 | Insert the following new Clause— |
| | "Guidance on mental health requirement, drug rehabilitation requirement, and alcohol treatment requirement |
| | For the purposes of sections 198 to 203, the Secretary of State shall issue guidance to courts responsible for community orders when deciding to introduce community orders that impose two or more requirements." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 195A | Page 122, line 18, leave out "36" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD |
| 195B | Page 127, line 7, leave out from "a" to end of line 9 and insert "substantial risk of his committing further specified offences involving a significant risk of serious harm to members of the public" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 195C | Page 127, line 7, leave out "members of the public" and insert "any person or class of person" |
| 195D | Page 127, line 16, at end insert— |
| "(2A) | If the offence is one in respect of which the offender would, but for its repeal by this Act, have been sentenced to imprisonment for life or to custody for life by virtue of section 109 of the Sentencing Act (life sentence for second serious offence) the court must impose a sentence of imprisonment for life." |
| 195E | Page 127, line 17, after "(2)" insert "or (2A)" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 195F | Page 128, line 31, leave out subsection (4) |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 195G | Page 129, line 20, leave out subsection (4) |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 195H | Page 129, line 42, leave out "may" and insert "must" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD KINGSLAND
THE LORD DHOLAKIA |
| 196 | Page 129, line 44, leave out "may" and insert "must" |
| | THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE BARONESS WALMSLEY |
| 197 | Page 129, line 45, at end insert ", and |
| (d) | in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 198 | Page 255, line 21, leave out from "Act" to end of line 22 and insert "(detention of woman in brothel or other premises)" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 199 | Page 259, line 11, leave out paragraph 66 |
| 200 | Page 260, line 19, at end insert— |
| | "87A An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery). |
| | 87B An offence under Article 21 of that Order (indecent assault on a male)." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 201 | Page 133, line 6, leave out "Part" and insert "Chapter" |
| 202 | Page 133, line 7, leave out "Part" and insert "Chapter" |
| | THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS |
| 203 | Page 136, line 13, after "extradition" insert "and surrender" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 203ZA | Page 136, line 33, leave out from "(1)" to end of line 35 and insert "is subject to section (Restrictions on operation of section 235(1) in relation to intermittent custody prisoners)" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 203A | Page 136, line 39, at end insert "(where that sentence is less than four years), or two-thirds of his sentence (in any other case)" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 203AA | Insert the following new Clause— |
| | "Restrictions on operation of section 235(1) in relation to intermittent custody prisoners |
| (1) | Where an intermittent custody prisoner returns to custody after being unlawfully at large within the meaning of section 49 of the Prison Act 1952 (c. 52) at any time during the currency of his sentence, section 235(1) does not apply until— |
| (a) | the relevant time (as defined in subsection (2)), or |
| (b) | if earlier, the date on which he has served in prison the number of custodial days required by the intermittent custody order. |
| (2) | In subsection (1)(a) "the relevant time" means— |
| (a) | in a case where, within the period of 72 hours beginning with the return to custody of the intermittent custody prisoner, the Secretary of State or the responsible officer has applied to the court for the amendment of the intermittent custody order under paragraph 6(1)(b) of Schedule 9, the date on which the application is withdrawn or determined, and |
| (b) | in any other case, the end of that 72 hour period. |
| (3) | Section 235(1) does not apply in relation to an intermittent custody prisoner at any time after he has been recalled under section 243, unless after his recall the Board has directed his further release on licence." |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 203B | Page 137, line 3, at end insert— |
| "( ) | In exercising his powers under this section the Secretary of State shall have regard to the matters specified in section 135(1)." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 204 | Page 137, line 5, leave out "aged 18 or over" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 204A | Page 137, line 6, after "of" insert "four years or more or a sentence of" |
| 204B | Page 137, line 9, leave out paragraph (b) |
| 204C | Page 137, line 11, at end insert— |
| "( ) | When he releases a prisoner under subsection (1), the Secretary of State shall inform each person who appears to him to be a victim of any offence in respect of which the prisoner was sentenced of his decision to release the prisoner unless he is satisfied that exceptional circumstances exist which justify his not doing so." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 204CA | Page 137, line 13, leave out "8" and insert "6" |
| 204CB | Page 137, line 15, leave out "6" and insert "4" |
| 204CC | Page 137, line 16, leave out "three-quarters" and insert "one-half" |
| 204CD | Page 137, line 18, leave out "56" and insert "42" |
| 204CE | Page 137, line 20, leave out "42" and insert "28" |
| 204CF | Page 137, line 21, leave out "three-quarters" and insert "one-half" |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 204D | Page 137, line 23, at end insert— |
| "( ) | the court has recommended to the Secretary of State that subsection (1) should not apply in the interests of justice," |
| 204E | Page 137, line 23, at end insert— |
| "( ) | the sentence is for a term of seven years or more," |
| 204F | Page 137, line 23, at end insert— |
| "( ) | the sentence is for a term of ten years or more," |
| 204G | Page 137, line 23, at end insert— |
| "( ) | the sentence is for a term of fourteen years or more," |
| 204H | Page 137, line 23, at end insert— |
| "( ) | the sentence is for an offence against a child within the meaning of Part II of the Criminal Justice and Court Services Act 2000 (c. 43) (protection of children)," |
| 204J | Page 137, line 23, at end insert— |
| "( ) | the sentence is for an offence under section 3, 4 or 5(3) of the Misuse of Drugs Act 1971 (c. 38) (import, export, production, supply and possession with intent to supply of controlled drugs) committed in respect of a Class A drug (as defined in section 2 of that Act)," |
| 204K | Page 137, line 23, at end insert— |
| "( ) | the sentence is for a specified offence as defined in section 215(1)," |
| 204L | Page 137, line 23, at end insert— |
| "( ) | it appears to the Secretary of State that it is more likely than not that the prisoner will commit a further offence during the period in which he is released on licence under this section," |
| 204M | Page 137, line 23, at end insert— |
| "( ) | the prisoner has on one or more previous occasions been released under this section or under section 34A of the Criminal Justice Act 1991 (c. 53) (power to release short-term prisoners on licence)," |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 204MA | Page 137, line 34, at end insert— |
| "(ff) | the prisoner has been released on licence under this section during the currency of the sentence, and has been recalled to prison under section 244(1)(a)," |
| | THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND |
| 204N | Page 137, line 34, at end insert— |
| "( ) | the prisoner has on one or more previous occasions been released on licence under this section or under section 34A of the Criminal Justice Act 1991 (c. 53) (power to release short-term prisoners on licence) and has been recalled to prison under section 244 of this Act or under section 38A of the Criminal Justice Act 1991 (c. 53) (breach of curfew condition)," |
| | THE BARONESS SCOTLAND OF ASTHAL |
| 205 | Page 138, line 11, leave out paragraph (a) |
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