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Serious Crime Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 8th February 2007, as follows—

Clause 4
Schedule 1
Clauses 5 to 35
Schedule 2
Clauses 36 to 44
Schedule 3
Clauses 45 to 48
Schedule 4
Clauses 49 to 56
Schedule 5
Clauses 57 to 65
Schedule 6
Clause 66
Schedules 7 and 8
Clauses 67 to 69
Schedule 9
Clauses 70 and 71
Schedule 10
Clauses 72 to 75
Schedule 11
Clauses 76 to 78
Schedule 12
Clause 79
Schedule 13
Clauses 80 to 82

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 4

 

LORD DHOLAKIA
LORD BURNETT

41Page 5, line 1, leave out from beginning to first "his" in line 3
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

42Page 5, line 3, leave out paragraph (b)
43Page 5, line 3, leave out from "intentions" to end of line 4
 


LORD DHOLAKIA
LORD BURNETT

44Page 5, line 9, leave out from beginning to first "his" in line 11
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

45Page 5, line 11, leave out paragraph (b)
46Page 5, line 11, leave out from "intentions" to end of line 12
47Page 5, line 13, leave out subsection (4)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Schedule 1

 

BARONESS ANELAY OF ST JOHNS

48Page 46, line 25, at end insert—
 

"Armed robbery

      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

49Page 47, line 33, leave out sub-paragraph (1)
 

BARONESS ANELAY OF ST JOHNS

50Page 50, line 2, at end insert—
 

"Armed robbery

      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

51Page 51, line 15, leave out sub-paragraph (1)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
 

Clause 5

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD LLOYD OF BERWICK

52Page 5, line 15, leave out from "section" to end of line 17 and insert "lists the provisions that may be made by a serious crime prevention order"
53Page 5, line 18, leave out "Examples of" and insert "The"
54Page 5, line 22, leave out "Examples of" and insert "The"
55Page 5, line 24, leave out "in relation to" and insert "on the following"
56Page 5, line 33, leave out "Examples of" and insert "The"
57Page 5, line 36, leave out "in relation to" and insert "on the following"
58Page 5, line 43, leave out "Examples of" and insert "The"
59Page 6, line 4, leave out ", for example,"
60Page 6, line 6, leave out subsection (7)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

61Page 6, line 6, leave out subsection (7) and insert—
"(7)  Reasonable means of performing the requirements imposed by serious crime prevention orders that are not specified in the orders may be determined in accordance with provision made by the orders (including provision conferring discretion on law enforcement officers)."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD LLOYD OF BERWICK

62Page 6, line 9, leave out "(including provision conferring discretion on law enforcement officers)"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

After Clause 5

 

LORD LUCAS

63Insert the following new Clause—
  "Register of serious crime prevention orders
(1)  The Secretary of State must maintain a register of all serious crime prevention orders currently in force, recording for each one—
(a)  the name and address of the person subject to the order;
(b)  the nature of the serious crime that the court is satisfied that the person has been involved in for the purposes of section 1(1)(a) of this Act; and
(c)  the terms and duration of the order.
(2)  The register shall be open to public inspection."
 

Clause 7

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

64Page 6, line 30, at beginning insert—
"(1)"  
65Page 6, line 31, at end insert—
"(2)  No order can be made under this section unless a draft of the order has been laid before, and approved by a resolution of each, House of Parliament."
66Page 6, line 31, at end insert—
"(   )  A person may not be the subject of a serious crime prevention order where—
(a)  he has a history of mental illness or mental incapacity; or
(b)  he falls within a description specified by order of the Secretary of State."
 

Clause 9

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

67Page 7, line 2, leave out subsections (1) to (3)
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

68Page 7, line 5, leave out "a significant" and insert "an"
69Page 7, line 11, leave out "a significant" and insert "an"
70Page 7, line 17, leave out "a significant" and insert "an"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

71Page 7, line 20, leave out ", 20 or 21"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

72Page 7, line 22, leave out "a significant" and insert "an"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

73Page 7, line 23, leave out subsection (5)
 

Clause 10

 

BARONESS ANELAY OF ST JOHNS

74Page 7, line 34, at end insert "and he has deliberately absented himself from the proceedings at which the order or (as the case may be) variation is made"
75Page 7, line 37, leave out paragraph (b)
 

Clause 16

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
 

After Clause 16

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

76Insert the following new Clause—
  "Obligation to vary or discharge order
(1)  The relevant applicant authority shall apply to the High Court in England and Wales to discharge a serious crime prevention order if there has been a change of circumstances which means that the order is no longer necessary to protect the public by preventing, restricting or disrupting involvement, by the person who is subject to the order, in serious crime in England and Wales.
(2)  The relevant applicant authority shall apply to the High Court in England and Wales to vary a serious crime prevention order if there has been a change of circumstances which means that the restrictions, prohibitions or obligations on the order are no longer necessary to protect the public by preventing, restricting or disrupting involvement, by the person who is subject to the order, in serious crime in England and Wales.
(3)  The relevant applicant authority shall apply to the High Court in Northern Ireland to discharge a serious crime prevention order if there has been a change of circumstances which means that the order is no longer necessary to protect the public by preventing, restricting or disrupting involvement, by the person who is subject to the order, in serious crime in Northern Ireland.
(4)  The relevant applicant authority shall apply to the High Court in Northern Ireland to vary a serious crime prevention order if there has been a change of circumstances which means that the restrictions, prohibitions or obligations on the order are no longer necessary to protect the public by preventing, restricting or disrupting involvement, by the person who is subject to the order, in serious crime in Northern Ireland."
 

Clause 17

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

77Page 10, line 36, leave out "significantly"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
 

Clause 18

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

78Page 11, line 29, leave out "significantly"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

79Page 12, line 22, leave out from "requirements" to end of line 23
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

80Page 12, line 32, leave out "also"
81Page 12, line 32, at end insert—
"(9)  In this section—
 a "serious offence" in England and Wales means an offence under the law of England and Wales which, at the time when the crime was committed, was specified, or falls within a description specified in Part 1 of Schedule 1;
 a "serious offence" in Northern Ireland means an offence under the law of Northern Ireland which, at the time when the crime was committed, was specified, or falls within a description specified in Part 2 of Schedule 1."
 

Clause 20

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill.
 

Clause 21

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
 

Clause 22

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.
 

Clause 23

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

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

Clause 24

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 24 stand part of the Bill.
 

Clause 26

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

82Page 15, line 28, leave out "considers to have been" and insert "has reasonable grounds for believing was"

 
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13 March 2007