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

House of Lords

back to previous amendments

 

Clause 10

 

LORD KINGSLAND
LORD HENLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 12

 

LORD KINGSLAND
LORD HENLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

LORD KINGSLAND
LORD HENLEY

81*Page 10, leave out lines 11 and 12
 

LORD LLOYD OF BERWICK

82Page 10, line 12, leave out "two" and insert "five"
 

Clause 14

 

LORD LLOYD OF BERWICK

83Page 10, line 25, leave out "two" and insert "five"
 

Clause 15

 

LORD LLOYD OF BERWICK

84Page 11, line 9, leave out "4" and insert "7"
 

Clause 16

 

LORD LLOYD OF BERWICK

85Page 11, line 35, leave out "4" and insert "7"
86Page 12, line 4, leave out subsection (6)
 

Clause 17

 

LORD LLOYD OF BERWICK

87Page 12, line 10, leave out "amended as follows" and insert "repealed"
88Page 12, line 11, leave out subsections (2) to (4)
 

LORD KINGSLAND
LORD HENLEY

89*Page 12, line 17, leave out "in any part of the United Kingdom"
 

Clause 19

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 19 stand part of the Bill.
 

After Clause 19

 

LORD KINGSLAND
LORD HENLEY

90*Insert the following new Clause—
  "Increase in maximum term that may be imposed on summary conviction of offence triable either way
  Section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) shall come into force on the passing of this Act."
 

Clause 20

 

LORD KINGSLAND
LORD HENLEY

91*Leave out Clause 20 and insert the following new Clause—
"(1)  Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act 2003 (c. 44) is amended as follows.
(2)  For subsection (7) substitute—
    "(6A)  Where a court imposes two or more terms of imprisonment in accordance with this section to be served consecutively, the court shall have complete discretion to set the aggregate length of the terms of imprisonment subject to a maximum of 65 weeks and may suspend all or part of the total period of imprisonment.""
 

Clause 21

 

LORD KINGSLAND
LORD HENLEY

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

Clause 22

 

LORD KINGSLAND
LORD HENLEY

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

Clause 23

 

LORD KINGSLAND
LORD HENLEY

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

Clause 25

 

LORD KINGSLAND
LORD HENLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 25 stand part of the Bill.
 

Clause 26

 

LORD KINGSLAND
LORD HENLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 27

 

LORD KINGSLAND
LORD HENLEY

92*Page 19, line 17, at end insert—
"(   )  For the avoidance of doubt, there is a rebuttable presumption that any prisoner liable to removal will be removed from the United Kingdom following his release without prejudice to any existing rights not to be, or protections from being, removed under British or European Union law."
 

Clause 29

 

LORD KINGSLAND
LORD HENLEY

93*Page 20, line 14, at end insert ", subject to the agreement of a Crown Court judge"
94*Page 20, leave out lines 33 and 34
95*Page 21, line 10, at end insert ", subject to the agreement of a Crown Court judge"
96*Page 21, line 37, at end insert ", subject to the agreement of a Crown Court judge"
97*Page 22, leave out lines 13 and 14
 

Clause 31

 

LORD KINGSLAND
LORD HENLEY

98*Page 23, line 28, after "may," insert "with the approval of the Lord Chief Justice or a judge designated by him,"
 

Clause 33

 

LORD KINGSLAND
LORD HENLEY

99*Page 25, line 38, at end insert—
"(   )  For the avoidance of doubt, there is a rebuttable presumption that any prisoner of a category referred to in section 46ZA of the Criminal Justice Act 1991 (c. 53) will be removed from the United Kingdom following his release without prejudice to any existing rights not to be, or protections from being, removed under British or European Union law."
 

Clause 34

 

LORD KINGSLAND
LORD HENLEY

100*Page 27, line 2, at end insert—
"(   )  For the avoidance of doubt, there is a rebuttable presumption that any prisoner of a category referred to in section 259A of the Criminal Justice Act 2003 (c. 44) will be removed from the United Kingdom following his release without prejudice to any existing rights not to be, or protections from being, removed under British or European Union law."
 

Clause 35

 

LORD KINGSLAND
LORD HENLEY

101*Page 27, line 27, leave out from "occasion" to end of line 28 and insert "; or
    (iii)  has previously been referred to a youth offender panel under section 16 above and a further referral has been recommended by a member of a youth offending team, an officer of a local probation team, or a social worker of a local authority."
102*Leave out Clause 35 and insert the following new Clause—
  "Sentencing of young offenders
(1)  Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty and power to refer certain young offenders to youth offender panels) is amended as follows.
(2)  Omit subsection (2).
(3)  In subsection (6) omit "(2) or".
(4)  In consequence of the amendments made by this section, the heading to section 16 becomes "Power to refer certain young offenders to youth offender panels".
(5)  Section 17 of that Act (the referral conditions) is amended as follows.
(6)  In subsection (1)—
(a)  for "16(2)" substitute "16(3)"; and
(b)  for "compulsory" substitute "discretionary".
(7)  In subsection (1A) after "conditions" insert "also".
(8)  In subsection (3)—
(a)  omit "the compulsory referral conditions or"; and
(b)  for "16(2) or (3) above (as the case may be)" substitute "16(3) above".
(9)  In section 19 of that Act (making of referral orders: effect on court's other sentencing powers) omit subsection (7)."
 

Clause 38

 

LORD KINGSLAND
LORD HENLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

After Clause 41

 

BARONESS GOULD OF POTTERNEWTON

103Insert the following new Clause—
  "Meaning of "disability" in sentences for aggravation related to disability
  In section 146 of the Criminal Justice Act 2003 (c. 44) (increase in sentences for aggravation related to disability or sexual orientation) for subsection (5) substitute—
    "(5)  In this section the meaning of "disability" is as defined in the Disability Discrimination Act 1995 and the Disability Discrimination Act 2005.""
 

Clause 42

 

LORD LLOYD OF BERWICK
LORD THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS

 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

LORD LLOYD OF BERWICK
LORD THOMAS OF GRESFORD
LORD WALLACE OF TANKERNESS

 The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 44

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 44 stand part of the Bill.
 

Clause 45

 

LORD LLOYD OF BERWICK

 Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 45 stand part of the Bill.
 

After Clause 98

 

LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE

104*Insert the following new Clause—
  "Use of a conditional caution
  In the Crime and Disorder Act 1998 (c. 37), in section 66 (effect of reprimands and warnings), omit subsection (4)."
 

Schedule 18

 

LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE

105Page 243, leave out lines 22 and 23
106Page 243, leave out line 33
107Page 243, leave out lines 36 to 39 and insert "a condition that the offender attend at a specified place at specified times, but may not include a condition that the offender pay a financial penalty"
108Page 243, line 42, leave out "20" and insert "10"
109Page 243, line 42, leave out from "total" to end of line 44
110Page 244, line 22, leave out "16" and insert "under 17"
111Page 244, line 30, leave out from beginning to end of line 9 on page 245
112*Page 245, leave out lines 34 to 45
 

Schedule 19

 

LORD THOMAS OF GRESFORD
BARONESS FALKNER OF MARGRAVINE

113Page 248, line 10, leave out "16 or 17" and insert "under 18 years"
114Page 249, line 34, leave out from "(3))" to end of line 35 and insert—
"(a)  the period of three months from the date on which the conditional caution was given if the offender was aged 18 or over at the time the caution was delivered, or
(b)  six weeks from the date on which the caution was given if it was a youth conditional caution as defined in section 66A(2) of the Crime and Disorder Act 1998."
 

After Clause 102

 

BARONESS LINKLATER OF BUTTERSTONE
BARONESS FALKNER OF MARGRAVINE

115Insert the following new Clause—
  "Treatment of 17 year-olds as children for remand purposes
(1)  Section 23 of the Children and Young Persons Act 1969 (c. 54) (remands and committals to local authority accommodation) is amended as follows.
(2)  In subsection (12), in the definition of "young person," for "seventeen" substitute "eighteen"."
116Insert the following new Clause—
  "Accommodation in which persons under 18 may be detained
(1)  No person aged under 18 shall be detained in a young offender institution or a secure training centre.
(2)  The Powers of Criminal Courts (Sentencing Act) 2000 (c. 6) is amended as follows.
(3)  In section 92(1) (detention under sections 90 and 91: place of detention etc.) at the end insert ", provided that such a place is not a secure training centre or young offender institution".
(4)  In section 107(1) (meaning of "youth detention accommodation")—
(a)  omit paragraphs (a) and (b),
(b)  in paragraph (c) after "by order specify" insert "but not including a secure training centre or young offenders institution".
(5)  In section 23 of the Children and Young Person Act 1969, (c. 54) (remands and committals to local authority accommodation) omit subsections (7A) and (7B).
(6)  In the Crime and Disorder Act 1998 (c. 37), omit section 98."

 
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©Parliamentary copyright 2008
4 February 2008