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Criminal Justice and Immigration Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Schedule 1

 

LORD AVEBURY

Page 159, line 26, after "specified" insert "and designated by the Secretary of State on the advice of the President of the Royal College of Physicians as"
Page 159, line 29, at end insert—
"(   )      The Secretary of State shall maintain an up to date list of the facilities for the provision of the treatment specified in paragraph 24(1) for which funding is provided under section 199 of this Act, with the number of places available for day and residential treatment respectively, and shall make the list available to the courts".
 

BARONESS LINKLATER OF BUTTERSTONE
BARONESS FALKNER OF MARGRAVINE

Page 167, line 13, leave out paragraph 36
 

Schedule 2

 

BARONESS LINKLATER OF BUTTERSTONE
BARONESS FALKNER OF MARGRAVINE

Page 169, line 31, leave out paragraphs (a) and (b)
Page 169, line 44, leave out sub-paragraphs (5) to (7) and insert—
"(5)      Where the offender does not appear in answer to a summons issued under this paragraph, the appropriate court may issue a warrant for his arrest."
Page 170, line 22, leave out paragraphs (b) and (c) and insert—
"(b)  if the youth rehabilitation order was made by a magistrates' court, by dealing with the offender, for the offence in respect of which the order was made, in any way in which the court could have dealt with the offender for that offence (had the offender been before the court to be dealt with for it); or
(c)  if the youth rehabilitation order was made in the Crown Court, by committing the young offender in custody or releasing him on bail until he can be brought before, or appear before, the Crown Court."
Page 170, line 31, at end insert—
"(2A)      Where the court deals with the offender under sub-paragraph (2), it must send to the Crown Court—
(a)  a certificate signed by a justice of the peace certifying that the offender has failed to comply with the youth rehabilitation order in the respect certified in the certificate; and
(b)  such other particulars as may be desirable.
(2B)      Such a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court."
Page 171, line 26, leave out sub-paragraphs (12) to (16)
Page 172, line 8, leave out paragraph 7
Page 172, line 29, leave out "5 or by virtue of paragraph 7(2)" and insert "6"
Page 173, line 36, leave out sub-paragraphs (11) to (14)
 

After Clause 9

 

LORD JUDD

Insert the following new Clause—
  "Secure accommodation for children and young persons convicted of a criminal offence
(1)  After section 89 of the Powers of Criminal Courts (Sentencing) Act (c. 6) insert—
  "89A   Detention orders
    (1)  This section applies where a child or young person (under 21 years of age) is convicted of a criminal offence and a court makes an order that that child or young person should be detained.
    (2)  A local authority must provide suitable premises in which that child or young person can be securely accommodated and appropriate care and support provided.
    (3)  The Secretary of State may by regulations make provision about the provision of suitable premises under subsection (2)."
(2)  In section 27(1) of the Criminal Justice Act 1984 (c. 58) (remand of persons aged 17 to 20) omit the words—
(a)  ", if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, ", and
(b)  "and, if it has not been so notified, it shall commit him to a prison."
(3)  In section 43(2) of the Prisons Act 1952 (c. 52) (remand centres, detention centres and youth custody centres) omit paragaph (c).
(4)  For section 106 of the Powers of Criminal Courts (Sentencing) Act 2000 substitute—
      "106   Interaction with sentences of detention in a young offender institution
    (1)  Where a court passes a sentence of detention in a young offender institution in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
    (a)  if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which it is passed;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
    (2)  Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows—
    (a)  if the offender has been released under Part II of the Criminal Justice Act 1991 (early release of prisoners), at the beginning of the day on which it is made;
    (b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.
    (3)  Subsection (1)(a) above has effect subject to section 105(3)(a) above and subsection (2)(a) above has effect subject to section 116(6)(b) below.
    (4)  Subject to subsection (5) below, where at any time an offender is subject concurrently—
    (a)  to a detention and training order, and
    (b)  to a sentence of detention in a young offender institution,
     he shall be treated for the purposes of sections 102 to 105 above and of section 98 above (place of detention), Chapter IV of this Part (return to detention) and Part II of the Criminal Justice Act 1991 (early release) as if he were subject only to the one of them that was imposed on the later occasion.
    (5)  Nothing in subsection (4) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.
    (6)  Where, by virtue of any enactment giving a court power to deal with a person in a way in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term."
(5)  Section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of detention in a young offender institution, custody for life, etc.) is repealed."
 

Schedule 18

 

LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE

Page 243, leave out line 33
 

Clause 111

 

LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE

Page 77, line 37, leave out "2" and insert "6"
Page 79, leave out lines 1 to 4
Page 79, leave out lines 5 to 10
 

Clause 115

 

LORD WALLACE OF TANKERNESS
BARONESS MILLER OF CHILTHORNE DOMER

Page 81, line 35, leave out "prove" and insert "show"
Page 81, line 44, at end insert—
"(d)  that they reasonably believe that no person portrayed in the image was made to act against their will.
(2A)  For the purposes of this section whether a belief is reasonable is to be determined having regard to all the circumstances."
 

After Clause 129

 

LORD AVEBURY

Insert the following new Clause—
  "Religious hatred offences
(1)  Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) is amended as follows.
(2)  For the heading substitute "RACIAL OR RELIGIOUS HATRED
(3)  After section 17 insert—

"Meaning of "religious hatred"

17AMeaning of "religious hatred"
  In this Part "religious hatred" means hatred against a group of persons defined by reference to religious belief or lack of religious belief."
(4)  In the following provisions for "racial hatred" substitute "racial or religious hatred"—
(a)  the cross-heading preceding section 18;
(b)  section 18(1) and (5) (use of words or behaviour or display of written material);
(c)  section 19(1) and (2) (publishing or distributing written material);
(d)  section 20(1) and (2) (public performance of play);
(e)  section 21(1) and (3) (distributing, showing or playing a recording);
(f)  section 22(1), (3), (4), (5) and (6) (broadcasting or including programme in cable programme service);
(g)  section 23(1) and (3) (possession of racially inflammatory material).
(5)  In the sidenote to section 23 and the preceding cross-heading for "racially inflammatory" substitute "inflammatory".
(6)  In section 29 (interpretation) after the definition of "recording" insert—
                   ""religious hatred" has the meaning given by section 17A;".
(7)  In section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences) in paragraph (i) (offences under section 19 of the Public Order Act 1986 (c. 64)) for "racial hatred" substitute "racial or religious hatred".
Insert the following new Clause—
  "Abolition of certain religious offences
(1)  The following offences are abolished—
(a)  blasphemy and blasphemous libel;
(b)  any distinct offence of disturbing a religious service or religious devotions;
(c)  any religious offence of striking a person in a church or churchyard.
(2)  The following provisions are repealed—
(a)  in section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8), the words "blasphemous libel, or";
(b)  in sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64), the words "blasphemous or";
(c)  section 59 of the Cemeteries Clauses Act 1847 (c. 65);
(d)  section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 (c. 32);
(e)  section 36 of the Offences against the Person Act 1861 (c. 100);
(f)  section 7 of the Burial Laws Amendment Act 1880 (c. 41).
 

Clause 148

 

LORD WALLACE OF TANKERNESS
BARONESS LINKLATER OF BUTTERSTONE

Page 106, line 34, leave out "the public" and insert "a person or specified persons"
Page 106, line 38, leave out "the public" and insert "a person or specified persons"
Page 106, line 39, at end insert "them"
Page 106, line 40, leave out paragraphs (a) and (b)
 

Schedule 30

 

LORD THOMAS OF GRESFORD
BARONESS MILLER OF CHILTHORNE DOMER

Page 285, line 23, at end insert—
    "(d)  the making of the order is not a disproportionate response to the disorder or nuisance caused;
    (e)  the making of the order will not cause unnecessary hardship or suffering to the families of those against who the order is made;
    (f)  appropriate steps have previously been taken to address the disorder or nuisance without success."
Page 285, line 42, at end insert—
    "(   )      No closure order shall be made unless the magistrates' court is satisfied that appropriate arrangements have been made by the local authority for alternative accommodation and support for those affected by it."
     

    Clause 182

     

    LORD AVEBURY
    BARONESS MILLER OF CHILTHORNE DOMER

    Page 129, line 39, leave out subsection (4)
     

    Clause 184

     

    LORD AVEBURY
    BARONESS MILLER OF CHILTHORNE DOMER

    Page 130, line 32, at end insert—
    "(2A)  Any condition imposed under subsection (2) must not—
    (a)  be excessively restrictive in all the circumstances;
    (b)  have a punitive impact upon the designated person;
    (c)  be intended to prevent the commission of further offences."
     

    Clause 191

     

    LORD THOMAS OF GRESFORD
    BARONESS FALKNER OF MARGRAVINE

    Page 134, line 34, leave out "presumption" and insert "discretion"
    Page 135, leave out lines 9 to 14
    Page 135, leave out lines 20 to 22

 
 
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30 January 2008