Police and Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 14

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

92Page 9, line 2, leave out from "The" to end of line 3 and insert "following conditions which may be attached to a conditional caution with the object of punishing the offender are limited to—"
93Page 9, leave out lines 13 and 14
94Page 9, line 26, at end insert—
    "(   )  Subject to subsection (3), the amount shall be commensurate with the financial resources of the offender."
95Page 9, leave out lines 27 to 29
96Page 10, line 4, at end insert—
"(   )  In section 330 (orders and rules) in subsection (5)(a) there is inserted—
     "section 23A,"."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD LLOYD OF BERWICK

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

97Page 10, line 12, leave out "A person arrested under this section must" and insert "If a relevant prosecutor determines that a person arrested under this section has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, the person arrested may"
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS

98Page 10, line 31, at end insert—
    "(   )  A person who is released following an arrest under this section shall not be re-arrested without warrant for the same suspected failure to comply with a condition attached to a conditional caution."
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

99Page 10, line 33, at end insert "for up to 12 hours"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

100Page 10, leave out lines 43 to 46
101Page 10, line 44, after "detention" insert "for a period up to 24 hours"
102Page 10, line 46, at end insert—
    "(   )  A person arrested under this section may be released on bail (without any variation of the conditions attached to the caution) if further investigations are necessary for the purposes of determining whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution."
 

Clause 17

 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS

103*Page 13, line 9, at end insert—
"(   )  Every crime and disorder committee shall include at least one member nominated by the police authority responsible for maintaining the police force in the area of the local authority, who shall have the same entitlement to vote as any other member of that committee."
104*Page 13, line 24, at end insert ", provided the councillor has first consulted the responsible authorities"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

105Page 13, leave out lines 25 and 26
106Page 13, line 26, at end insert—
"(   )  In undertaking his obligations in subsection (3)(a) and any subsequent action, the councillor must as far as reasonably practicable make enquiries as to—
(a)  the accused person or child's mental health; and
(b)  the accused person or child's learning difficulties."
107Page 13, line 26, at end insert—
"(   )  Where a member of a local authority operating executive arrangements decides to refer a matter to the crime and disorder committee under subsection (3)(b) he must write to the person or, in the case of a child, the parents of the child against whom the complaint has been made and clearly set out procedures by which they may respond to the allegations."
108Page 13, line 27, leave out from "Where" to end and insert "the councillor"
 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS

109*Page 13, line 36, at end insert ", provided the executive has first consulted the responsible authorities"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

110Page 13, line 36, at end insert—
"(   )  Where the executive of a local authority decides to refer a matter to the crime and disorder committee under subsection (5)(b), it must write to the person or, in the case of a child, the parents of the child against whom the complaint has been made and clearly set out procedures by which they may respond to the allegations."
 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND

111*Page 13, line 42, at beginning insert "provided the responsible authorities have first been consulted and have failed to act,"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

112Page 13, line 45, after "to" insert "the person or, in the case of a child, the parents of the child involved and to"
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

113Page 14, line 6, leave out paragraph (c)
 

Schedule 6

 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND

114*Page 96, line 24, after "authority" insert "or police authority"
 

After Clause 20

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

115Insert the following new Clause—
  "Collection of data
  The Secretary of State shall collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."
 

THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE

116Insert the following new Clause—
 

"CHILDREN SUBJECT TO ASBO PROCEEDINGS

  Reporting restrictions
  Sections 1(10D), 1(10E) (anti-social behaviour orders) and 1C(9C) (orders on conviction in criminal proceedings) of the Crime and Disorder Act 1998 (c. 37) are repealed."
 

Schedule 7

 

THE LORD HARRIS OF HARINGEY

117*Page 97, line 16, at end insert—
"(   )      In subsection (1), for paragaphs (b) to (f) there is substituted—
"(b)  a police officer in command of a basic command unit, any part of which lies within that area"."
118*Page 97, line 20, at end insert—
"(   )      After subsection (1B) there is inserted—
    "(1C)      The following bodies and persons ("the strategic safety partnership") shall be jointly responsible for approving and reviewing the strategies and implementation plans jointly formulated by the responsible authorities by virtue of section 6, for monitoring performance against those plans, and for ensuring that the public are consulted about the plans—
    (a)  a member of any council that is a responsible authority for the area;
    (b)  a member of a police authority for that police force;
    (c)  a member of a fire authority any part of which lies within the area;
    (d)  if the local government area is in England, a non-executive director of every Primary Care Trust, any part of whose area so lies; and
    (e)  if the local government area is in Wales, a non-executive director of every health authority, any part of whose area so lies.""
 

THE BARONESS HENIG

119*Page 97, line 25, at end insert "or altering an entry to include any successor person or body to the list of authorities in subsection (1)"
120*Page 97, leave out lines 26 and 27
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

121Page 98, leave out lines 22 to 24
 

THE LORD HARRIS OF HARINGEY

122*Page 99, leave out lines 2 to 6 and insert—
    "(8)      For the purposes of this section any reference to the implementation of a strategy includes making any changes to it that appear necessary or expedient."
 

THE BARONESS HENIG

123*Page 99, line 40, at end insert "or altering any entry to include any successor person or body to the list of authorities in that subsection"
124*Page 99, leave out lines 41 and 42
125*Page 100, line 44, at end insert "or altering any entry to include any successor person or body to the list of authorities in that subsection"
126*Page 101, leave out lines 1 and 2
 

Clause 21

 

THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE

127Page 17, line 18, leave out from beginning to end of line 31 on page 18
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

128Page 17, line 25, leave out "is likely" and insert "had threatened"
 

Clause 22

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

129Page 18, line 40, leave out ", or appears to reside,"
 

THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE

130Page 19, line 28, leave out from beginning to end of line 22 on page 20
131Page 20, line 24, leave out "or registered social landlord (a "relevant authority")"
132Page 20, line 33, leave out "relevant" and insert "local"
133Page 20, line 36, leave out "relevant" and insert "local"
134Page 20, line 40, leave out "relevant" and insert "local"
135Page 20, line 42, leave out "relevant" and insert "local"
136Page 20, line 45, leave out "relevant" and insert "local"
 

Clause 23

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

137Page 21, line 32, at end insert—
    "(   )  An order under this section must provide that the person with whom the arrangements are made in pursuance of the order is to be treated as a public authority for the purposes of section 6 of the Human Rights Act 1998 (c. 42)."
 

THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 23 stand part of the Bill.
 

Clause 24

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

138Page 22, line 26, after "person" insert "aged 18 years or over"
 

Clause 26

 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

139Page 24, leave out line 28 and insert "and Community Safety"
 

Clause 28

 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
 

Clause 29

 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND

140*Page 27, line 41, leave out subsection (3)
141*Page 28, line 7, at end insert—
"(c)  the body or bodies which are to be inspected by the Chief Inspector"
142*Page 28, line 36, at end insert—
"(c)  the body or bodies which are to be inspected by the Chief Inspector"

 
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19 June 2006