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COMMONS AMENDMENTS

44
Clause 58, page 45, line 26, leave out ("by which the order is made") and insert ("responsible for the order").
45
Page 45, line 31, at end insert--
("(9) In this section and sections 59 and 60 below, references to the court responsible for a drug treatment and testing order are references to--
(a) the court by which the order is made; or
(b) where another court is specified in the order in accordance with subsection (10) below, that court.

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(10) Where the area specified in a drug treatment and testing order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (9) above a magistrates' court which acts for that area.").
46
Clause 59, page 45, line 37, leave out ("making") and insert ("responsible for").
47
Page 46, line 27, leave out ("one") and insert ("either or both").
48
Page 46, line 29, leave out ("or").
49
Clause 60, page 47, line 20, leave out from beginning to ("give") in line 21 and insert--
("(1A) Where, in the case of a drug treatment and testing order made by a magistrates' court, another magistrates' court is responsible for the order, the court making the order shall forthwith send copies of the order to the other court.
(2) Where a drug treatment and testing order is made or amended under section 59(2) above, the court responsible for the order shall forthwith or, in a case falling within subsection (1A) above, as soon as reasonably practicable").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 44 to 49. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 44 to 49.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

50
Clause 63, page 50, line 15, after ("sentence") insert ("or a sentence under section 53(1) of the 1933 Act").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 50. This group contains Amendments Nos. 50 to 53, 124 to 126, 144, 147 and 231. They are technical amendments to clarify provisions relating to reparation orders, action plan orders and a supervision orders. Amendments Nos. 50 and 52 adjust the clauses concerning reparation and action plan orders so that the two provisions properly refer to custodial sentences by including specific mention of Section 53(1) of the 1933 Act.

This means that a reparation or action plan order cannot be made when the court imposes a sentence under that subsection; namely, detention under Her Majesty's pleasure. Amendment No. 51 follows up a question during the Commons Committee stage about whether a compensation order should be available in conjunction with a reparation order. That was a well made argument and we decided to give it effect. That is what the amendment does.

Amendments Nos. 53, 126 and 147 clarify the position regarding a curfew order under Section 12 of the 1991 Act as a possible action for dealing with a breach of a supervision order, an action plan order or a reparation order. This ensures that proper arrangements are in place should an offender fail to comply with a curfew order which has been given because of a breach of one of the three orders which I mentioned.

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Amendment No. 124 is a technical amendment relating to reparation orders and action plan orders given on appeal.

Schedule 5 deals with the enforcement, variation and discharge of reparation and action plan orders, the presence of the offender in court and on remand when such proceedings are on-going, and some further supplemental provisions.

Amendment No. 125 is a drafting amendment to correct a drafting error. Amendments Nos. 144 and 231 are technical amendments which affect the Criminal Appeals Act 1968.

Moved, That the House do agree with the Commons in their Amendment No. 50.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

51
Clause 63, page 50, line 18, leave out ("an action plan order or a compensation order") and insert ("or an action plan order").
52
Clause 65, page 52, line 1, after ("sentence") insert ("or a sentence under section 53(1) of the 1933 Act,").
53
Page 54, line 37, leave out from ("him") to end of line 41 and insert--
("(i) subject to section 16A(1) of this Act, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders); or
(ii) subject to section 16B of this Act, an order under section 12 of the Criminal Justice Act 1991 (curfew orders);").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 51 to 53.

Moved, That the House do agree with the Commons in their Amendments Nos. 51 to 53.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

54
Clause 70, page 56, line 35, leave out ("an aggregate") and insert ("a").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 54. It is grouped with Amendments Nos. 55, 57, 85, 86, 89, 95, 142, 156, 161, 162, 164, 227 and 230.

This group of amendments deals with the following circumstances. Amendments Nos. 85 and 86 provide greater clarity over how multiple sentences imposed on a prisoner relate one to another. The courts indicated that they wanted a clear statutory framework. Therefore, these amendments provide that a sentence imposed by a court after a prisoner has been released, but while he is still within the overall term of the original sentence, should not be aggregated with the original sentence or ordered to run consecutively. The new sentence will, however, be aggregated with, and may run consecutively to, any order returned under Section 40.

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Where a Section 40 order is passed it will, together with any new sentence for the new offence committed, be treated as a new sentence. Of course, the original sentence will not be displaced and will continue to have effect when it overlaps with or extends beyond the new sentence.

Amendments Nos. 54, 55, 57, 89, 142, 156, 161, 162, 164, 227 and 230 are consequential.

Moved, That the House do agree with the Commons in their Amendment No. 54.--(Lord Williams of Mostyn.)

11 p.m.

Baroness Anelay of St. Johns: My Lords, it will perhaps surprise the House that I wish to respond, but I could not let this group of amendments pass without reflecting on the fact that, in another place, it was the person representing my own constituency who asked the Minister there if he would explain these amendments in layman's terms. The Minister attempted to do so with slightly less success than this Minister. However, unfortunately for me, I have to say that my honourable friend in another place has a greater ability to understand the explanation than I do. Nonetheless, I am sure that we all support the amendments.

On Question, Motion agreed to.

COMMONS AMENDMENT

55
Clause 70, page 56, line 37, leave out ("aggregate").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 55.

Moved, That the House do agree with the Commons in their Amendment No. 55.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

56
Clause 70, page 56, line 40, leave out subsection (5).

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 56.

This group includes Amendments Nos. 58, 94, 114, 191 to 195, 209 and 210. This group deals with detention and training orders and makes a number of adjustments. Amendment No. 58 makes further provisions for the new detention and training order and how it will interact with other custodial sentences, which might be given at a different time. It sets out the arrangements which the courts will have to follow when sentencing someone already under a custodial sentence to a further period of custody.

Amendment No. 56 is a technical amendment which is consequential upon Amendment No. 58. Amendment No. 94 is a government amendment which builds on the debate on the detention and training order during the Committee stage in the Commons. The new custodial provisions which will be introduced will be available in the first instance only for 12 to 17 year-olds. Clause 69(2)(b)(ii) is a discretionary power which allows the

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Secretary of State to extend the detention and training order provisions to include 10 and 11 year-olds. Such an extension will only take place if this proves necessary or desirable at a later date.

As the Bill is currently drafted, that provision can be exercised simply by a commencement order. We have thought about it, but we do not think that a simple commencement order is in keeping with the significance of such a decision. I am sure that the noble Baroness, Lady Anelay of St. Johns, will share the same view. We believe that it should be subject to affirmative resolution procedures.

In passing, I should say that it is such a pleasure to see the noble Lord, Lord Mackay of Ardbrecknish, present in the Chamber. He is no doubt here to applaud and congratulate me on the fact that we listened carefully to his contributions on the Government of Wales Bill and provided for appropriate parliamentary scrutiny. However, I am not going to encourage the noble Lord to speak, because he needs no encouragement in that respect. Amendments Nos. 114, 191 to 195 and 209 to 210 are purely consequential.

Moved, That the House do agree with the Commons in their Amendment No. 56.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.


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