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Baroness Scotland of Asthal moved Amendments Nos. 221E to 221H:



"DURATION OF DIRECTIONS UNDER MENTAL HEALTH ACT 1983 IN RELATION TO OFFENDERS
(1) Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2) In subsection (1), for "the expiration of that person's sentence" there is substituted "his release date".

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(3) For subsections (2) and (3) there is substituted—
"(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this section, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
(a) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
(b) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution."" After Clause 276, insert the following new clause—


"ACCESS TO PAROLE BOARD FOR CERTAIN PATIENTS SERVING PRISON SENTENCES
In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients subject to restriction directions) after subsection (5) there is inserted—
"(5A) Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
(a) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
(b) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released."" After Clause 276, insert the following new clause—


"DURATION OF DIRECTIONS UNDER MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986 IN RELATION TO OFFENDERS
(1) Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2) In paragraph (1), for "the expiration of that person's sentence" there is substituted "his release date".
(3) For paragraphs (2) and (3) there is substituted—
"(2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
(3) In this Article, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded."" After Clause 276, insert the following new clause—


"ACCESS TO SENTENCE REVIEW COMMISSIONERS AND LIFE SENTENCE REVIEW COMMISSIONERS FOR CERTAIN NORTHERN IRELAND PATIENTS
In Article 79 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (restricted patients subject to restriction directions) after paragraph (5) there is inserted—

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"(5A) Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
(a) the fact that the restriction direction remains in force does not prevent—
(i) the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
(ii) the making of any application by him to the Sentence Review Commissioners, and
(b) if—
(i) the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
(ii) the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
the restriction direction shall cease to have effect at the time at which he would become so entitled.""

On Question, amendments agreed to.

Clauses 277 and 278 agreed to.

Schedule 25 agreed to.

Clause 279 [Fine defaulters: driving disqualification]:

Baroness Scotland of Asthal moved Amendment No. 222:


    Page 159, line 22, leave out from "produce" to end of line 23 and insert—


"(a) any such licence held by him together with its counterpart; or
(b) in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence and its counterpart (if any)."

The noble Baroness said: Clause 279 re-enacts with appropriate modifications the fine default provisions of the Crime (Sentences) Act. Where, under this clause, a court disqualifies a person from holding or obtaining a driving licence, it must require him to produce any British driving licence held by him. Amendments Nos. 222 and 223 ensure that we cover Community driving licences as well as British ones. I beg to move.

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendment No. 223:


    Page 159, leave out lines 27 and 28 and insert—

""counterpart"—


(a) in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act; and
(b) in relation to a Community licence, has the meaning given by section 99B of that Act."

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On Question, amendment agreed to.

Clause 279, as amended, agreed to.

Clause 280 agreed to.

Clause 281 [Sentencing: repeals]:

Baroness Scotland of Asthal moved Amendment No. 223A:


    Page 160, line 7, leave out "to 82" and insert "and 81".

The noble Baroness said: Amendments Nos. 223A, 244A and 247D are all technical amendments. I beg to move.

On Question, amendment agreed to.

Clause 281, as amended, agreed to.

Clause 282 agreed to.

Schedule 26 [Amendments relating to sentencing]:

Baroness Scotland of Asthal moved Amendments Nos. 224 to 225:


    Page 302, line 29, leave out paragraph 4.


    Page 305, leave out lines 23 to 36.


    Page 306, line 6, leave out from "from" to end of line 8 and insert ""to be dealt with" onwards there is substituted "or the Crown Court to be dealt with under—


(a) Part 2 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain youth community orders), or
(b) Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of community order).""

On Question, amendments agreed to.

Baroness Scotland of Asthal moved Amendment No. 225A:


    Page 308, line 42, at end insert—

"Repatriation of Prisoners Act 1984 (c. 47)

39A The Repatriation of Prisoners Act 1984 is amended as follows.
39B In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for sub-paragraph (i) there is substituted—
"(i) released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 235 or 236 of the Criminal Justice Act 2003; or".
39C In section 3 (transfer into the United Kingdom), subsection (9) is omitted.
39D (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows in relation to prisoners repatriated to England and Wales.
(2) In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—
"(2) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.
(3) Where the prisoner's sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more.
(4) In this paragraph— "the enactments relating to release on licence" means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003; "sentence", means the provision included in the warrant which is equivalent to sentence.".

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(3) Paragraph 3 is omitted."

The noble Baroness said: All the amendments in this group are technical. I know that some noble Lords may want to hear a word about Amendment No. 230. That amendment clarifies the reference to community orders in Section 1 of the Criminal Justice and Court Services Act 2000. It also places the new suspended sentence order, under which offenders undertake requirements in the community, under the provision describing the role of the national probation service.

I believe that I wrote about these amendments to noble Lords who participated in the Committee stage. If it is not in the Library, a copy of that letter will be placed there for noble Lords' further consideration if they would find that of use. I beg to move.

On Question, amendment agreed to.


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