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COMMONS AMENDMENTS

57
Clause 70, page 57, line 23, leave out from ("terms") to end of line 24 and insert ("of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if--
(a) the orders were made on the same occasion; or
(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 71 below) at any time during the period beginning with the first and ending with the last of those occasions.").
58
After Clause 74, insert the following new clause--
Interaction with sentences of detention

(".--(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 71 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 that subsection.
(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 1991 Act, 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.

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(3) Subject to subsection (4) 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 71 to 74 above, section 1C of the 1982 Act and Part II of the 1991 Act as if he were subject only to the one of them that was imposed on the later occasion.
(4) Nothing in subsection (3) 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.
(5) Where, by virtue of any enactment giving a court power to deal with a person in a manner 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.").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 57 and 58.

Moved, That the House do agree with the Commons in their Amendments Nos. 57 and 58.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

59
Clause 75, page 60, line 19, after ("against") insert (", or a reference under section 36 of the Criminal Justice Act 1988 with respect to,").
60
Page 61, line 14, at end insert--
("( ) For the purposes of this section, the Court is seised of a reference under section 36 of the Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 59 and 60.

These are government amendments which are intended to make clear that the sentencing guideline provisions apply to cases before the Court of Appeal where the Attorney-General has made a referral to the Court of Appeal, as well as to cases where the offender appeals against sentence.

Moved, That the House do agree with the Commons in their Amendments Nos. 59 and 60.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

61
After Clause 77, insert the following new clause--
Power to make confiscation orders on committal for sentence

(". After subsection (9) of section 71 of the Criminal Justice Act 1988 (confiscation orders) there shall be inserted the following subsection--
"(9A) Where an offender is committed by a magistrates' court for sentence under section 38 or 38A of the Magistrates' Courts Act 1980 or section 56 of the Criminal Justice Act 1967, this section and sections 72 to 74C below

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shall have effect as if the offender had been convicted of the offence in the proceedings before the Crown Court and not in the proceedings before the magistrates' court."").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 61.

Amendment No. 225 has been grouped with the above amendment. They are technical amendments which are designed to deal with an unintended effect of Section 49 of the Criminal Procedure and Investigations Act 1996 on the courts' powers to confiscate the proceeds of crime. Under the 1988 Act, the magistrates' court, except for a very limited range of offences, has no power to make confiscation orders. The Crown Court has extensive powers to order confiscation when it convicts a defendant, but its powers of confiscation are not presently available where an offender is committed for sentence, which happens quite often. Amendment No. 61, with its brother, is designed to deal with that anomaly.

Moved, That the House do agree with the Commons in their Amendment No. 61.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

62
After Clause 77, insert the following new clause--
Football spectators: failure to comply with reporting duty

(".--(1) In section 16(5) of the Football Spectators Act 1989 (penalties for failure to comply with reporting duty imposed by restriction order)--
(a) for the words "one month" there shall be substituted the words "six months"; and
(b) for the words "level 3" there shall be substituted the words "level 5".
(2) In section 24(2) (arrestable offences) of the 1984 Act, after paragraph (p) there shall be inserted--
"(q) an offence under section 16(4) of the Football Spectators Act 1989 (failure to comply with reporting duty imposed by restriction order)."").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 62.

I wish to speak also to Amendment No. 226, with which this amendment is grouped. As will be well known to your Lordships' House, there are creatures in the world sometimes related to notorious football clubs in the Liverpool area who are football hooligans. These amendments give the police a power of arrest to deal with convicted football hooligans who breach, or try to breach, restriction orders under the Football Spectators Act 1989 designed to prevent them going to matches overseas. The amendments increase the maximum penalty for breaching the order.

Moved, That the House do agree with the Commons in their Amendment No. 62.--(Lord Williams of Mostyn.)

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Baroness Anelay of St. Johns: My Lords, I shall not detain the House long but I could not resist the temptation to speak on a sport about which I know little. We on these Benches support this amendment. My honourable friends in another place felt so strongly about the matter that they tabled a similar amendment and gave up some of their own Opposition time so that the problems of football hooliganism could be fully discussed at Report.

Despite the small number of noble Lords present tonight, I am sure they will all have been dismayed at the appalling behaviour of just a few people among the thousands who attended the World Cup. I hear "noises off" from noble friends who say those people are not Scottish supporters. I must admit I did not carry out any kind of survey of nationality of those people but, as ever, I trust to my noble friends' judgment on that matter. I certainly think the behaviour on that occasion was a far cry from my own experience when my aunt took me to see Arsenal play when I was in my early teens.

Noble Lords: They are rubbish!

Baroness Anelay of St. Johns: No, my Lords, Arsenal have never played rubbish. I object to such imputation, even as regards the second team, which I have also watched. The behaviour I have mentioned is also a far cry from the behaviour of the vast majority of supporters who watch matches. I am sure noble Lords will join me in congratulating the many football clubs which have done so much to make football a safe, family, spectator sport. I welcome the fact that the Government have accepted that there should be a stronger penalty for those who breach restriction orders; one month has proved not to be enough, six months is a more appropriate maximum period. I support the amendment.

On Question, Motion agreed to.


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