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

House of Lords

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Clause 148

 

LORD WALLACE OF TANKERNESS
BARONESS LINKLATER OF BUTTERSTONE

149Page 106, line 34, leave out "the public" and insert "a person or specified persons"
150Page 106, line 38, leave out "the public" and insert "a person or specified persons"
151Page 106, line 39, at end insert "them"
152Page 106, line 40, leave out paragraphs (a) and (b)
 

Clause 149

 

LORD WALLACE OF TANKERNESS
BARONESS LINKLATER OF BUTTERSTONE

153Page 107, line 12, after "person" insert "aged 18 years or above"
 

Clause 151

 

EARL OF ONSLOW
BARONESS STERN
LORD JUDD

154Page 109, line 3, after "satisfied" insert "beyond reasonable doubt"
 

EARL OF ONSLOW
BARONESS STERN

155Page 109, line 13, at end insert—
"(   )  A violent offender order may not be made unless there has been a full adversarial hearing, including the opportunity for P to appear before the court and to cross-examine witnesses."
 

Clause 153

 

EARL OF ONSLOW
BARONESS STERN
LORD JUDD

156Page 110, line 27, after "offender," insert—
"(   )  is satisfied that there is prima facie evidence that the person has engaged in the behaviour set out in section 151(2)(b),"
 

EARL OF ONSLOW
BARONESS STERN

157Page 110, line 39, leave out ", unless renewed,"
158Page 110, line 40, leave out "4" and insert "2"
159Page 110, line 42, leave out paragraph (a)
 

Schedule 30

 

EARL OF ONSLOW
BARONESS STERN
LORD JUDD

160Page 283, line 30, at end insert—
    "(   )      An authorisation under subsection (2) or (3) may only be given after—
    (a)  all other reasonable steps have been taken to deal with the anti-social behaviour and the persistent disorder or serious nuisance referred to in subsection (1), and
    (b)  the needs of any children or vulnerable adults residing at the premises have been taken into account."
 

LORD THOMAS OF GRESFORD
BARONESS MILLER OF CHILTHORNE DOMER

161Page 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."
162Page 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 170

     

    LORD THOMAS OF GRESFORD
    BARONESS MILLER OF CHILTHORNE DOMER
    LORD JUDD

    163Page 121, line 38, at end insert "and
    (d)  any premises in which medical, surgical or paramedical treatment is provided under arrangements made under the National Health Service Act 2006 (c. 41),"
     

    BARONESS FINLAY OF LLANDAFF

    164Page 121, line 38, at end insert—
    "(   )  any building or premises where NHS services are performed,
    (   )  a registered hospice or nursing home,
    (   )  a vehicle used by the NHS staff member in connection with work to attend a patient's own home,"
    165Page 121, line 41, at end insert "or any person providing, performing or employed by a provider of NHS services"
     

    After Clause 172

     

    BARONESS FINLAY OF LLANDAFF
    LORD JUDD

    166Insert the following new Clause—
      "Domiciliary visits
      A person commits an offence if the person causes, without reasonable excuse, physical or mental harm to an NHS staff member who has attended a patient in the patient's own home for the purposes of providing advice, treatment or care to that patient."
     

    Clause 181

     

    LORD AVEBURY
    BARONESS MILLER OF CHILTHORNE DOMER

    167Page 129, line 13, leave out "Condition 1 or 2" and insert "the Condition in subsection (2)"
    168Page 129, line 15, leave out "Condition 1" and insert "The Condition"
    169Page 129, line 20, leave out subsection (3)
    170Page 129, line 20, leave out "member of the family" and insert "spouse"
     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 181 stand part of the Bill.
     

    Clause 182

     

    LORD AVEBURY
    BARONESS MILLER OF CHILTHORNE DOMER

    171Page 129, line 39, leave out subsection (4)
     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 182 stand part of the Bill.
     

    Clause 183

     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 183 stand part of the Bill.
     

    Clause 184

     

    LORD AVEBURY
    BARONESS MILLER OF CHILTHORNE DOMER

    172Page 130, line 32, at end insert—
    "(   )  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."
     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 184 stand part of the Bill.
     

    Clause 185

     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 185 stand part of the Bill.
     

    Clause 186

     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 186 stand part of the Bill.
     

    Clause 187

     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 187 stand part of the Bill.
     

    Clause 188

     

    LORD AVEBURY

     Lord Avebury gives notice of his intention to oppose the Question that Clause 188 stand part of the Bill.
     

    Clause 189

     

    LORD GRAHAM OF EDMONTON

    173Page 134, line 5, leave out from "officer" to end of line 6
    174Page 134, line 10, at end insert—
    "(5)  This section shall not come into force until a resolution has been laid before and approved by each House of Parliament."
     

    Clause 191

     

    LORD THOMAS OF GRESFORD
    BARONESS FALKNER OF MARGRAVINE

    175Page 134, line 34, leave out "presumption" and insert "discretion"
    176Page 135, leave out lines 9 to 14
    177Page 135, leave out lines 20 to 22
     

    Clause 196

     

    LORD HUNT OF KINGS HEATH

    178Page 141, line 15, leave out paragraphs (b) to (h)
     

    Schedule 36

     

    LORD HUNT OF KINGS HEATH

    179*Page 335, leave out line 43 and insert—
    "(1)      The Armed Forces Act 2006 has effect subject to the following amendments.
    (2)      In paragraph 12(ah) of Schedule 2 (offences)—"
    180*Page 336, line 3, at end insert—
    "(3)      In paragraph 1(2) of Schedule 5 (service community orders: general)—
    (a)  for "12, 13, 15, 16(5), 17(5) and (6)" substitute "13, 16(5), 17(6)", and
    (b)  after "21" insert ", 25A".
    (4)      In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—
    (a)  for "12, 13, 15, 16(5), 17(5) and (6)" substitute "13, 16(5), 17(6)", and
    (b)  for "and 23(1)(a)(ii)" substitute ", 23(1)(a)(ii) and 25A"."
     

    Clause 200

     

    LORD HUNT OF KINGS HEATH

    181Page 143, line 4, leave out subsection (2)
    182Page 143, line 25, leave out paragraphs (a) to (f)
    183Page 144, line 3, leave out paragraph (c)
    184Page 144, line 10, leave out paragraph (a)
     

    In the Title

     

    LORD HUNT OF KINGS HEATH

    185Line 2, leave out from "defaulters;" to "to" in line 5

 
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4 February 2008