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COMMONS AMENDMENT

92
After Clause 99, insert the following new clause--
Restriction on consecutive sentences for released prisoners: Scotland

(". After section 204 of the 1995 Act there shall be inserted the following section--
"Restriction on consecutive sentences for released prisoners.

204A. A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993."").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 92.

Moved, That the House do agree with the Commons in their Amendment No. 92.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

93
Clause 100, page 83, line 30, at end insert--
("( ) In subsection (3) of that section, for paragraphs (a) and (b) there shall be substituted the words "he holds the rank of assistant chief constable in that Service or Squad".").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 93.

This is a technical amendment to Section 94 of the Police Act 1997. It enables an assistant chief constable in NCIS and the National Crime Squad to be designated to authorise intrusive surveillance operations when the director-general and his deputy are absent. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 93.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

94
Clause 101, page 84, line 5, after (" 57(7)") insert (", 69(2)(b)(ii)").
95
Clause 103, page 85, line 26, at end insert--
("( ) In relation to any time before the commencement of section 69 above, section 1B of the 1982 Act (special provision for offenders under 18) shall have effect as if--
(a) in subsection (4), immediately before the words "a total term" there were inserted the words "a term or (in the case of an offender to whom subsection (6) below applies)";
(b) in subsection (5)--
(i) immediately before the words "total term" there were inserted the words "term or (as the case may be)"; and
(ii) for the words "the term" there were substituted the word "it"; and

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(c) for subsection (6) there were substituted the following subsection--
"(6) This subsection applies to an offender sentenced to two or more terms of detention in a young offender institution which are consecutive or wholly or partly concurrent if--
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the offender has not been released under Part II of the Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions;
and in subsections (4) and (5) above "the total term", in relation to such an offender, means the aggregate of those terms."").

Lord Hardie: I beg to move that the House do agree with the Commons in their Amendments Nos. 94 and 95.

Moved, That the House do agree with the Commons in their Amendments Nos. 94 and 95.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

96
Clause 104, page 85, line 40, at end insert--
(""caution" has the same meaning as in Part V of the Police Act 1997;").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 96.

In this group are Amendments Nos. 96 and 167. Amendment No. 167 extends the power that the Secretary of State already has under Section 27(4) of the Police and Criminal Evidence Act 1984 to require the police to record on national police records convictions for offences specified by regulation to cautions as defined in the 1997 Act and to reprimands and warnings under Clause 61. Amendment No. 96 sets out a definition of "caution" for the purpose of the Bill. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 96.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENT

97
Clause 108, page 86, line 35, leave out ("section 99") and insert ("sections 99 and (Early release in Scotland: two or more sentences)(8)").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 97.

Moved, That the House do agree with the Commons in their Amendment No. 97.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

98
Clause 108, page 87, line 5, at end insert--
("( ) section (Reduction in age at which certain sexual acts are lawful)(3);").
MOTION MOVED ON CONSIDERATION OF COMMONS AMENDMENT No. 98

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98A
That this House do disagree with the Commons in their Amendment No. 98.

Baroness Blatch: My Lords, I beg to move that this House do disagree with the Commons in their Amendment No. 98. This amendment was spoken to by my noble friend Lady Young and is consequential on Amendment No. 14.

Moved, That this House do disagree with the Commons in their Amendment No. 98.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

99
Clause 108, page 87, line 7, after ("99") insert (", (Calculation of period of detention at customs office etc. where person previously detained),").
100
Page 87, line 7, after ("99") insert (", (Early release in Scotland: two or more sentences),").
101
Page 87, line 7, after ("99") insert (", (Restriction on consecutive sentences for released prisoners: Scotland)").
102
Page 87, line 10, at end insert--
("( ) Chapter III of Part I;").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 99 to 102.

Moved, That the House do agree with the Commons in their Amendments Nos. 99 to 102.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

103
Clause 108, page 87, line 15, at end insert--
("( ) paragraph 15 of Schedule 7 to this Act and section 96 above so far as relating to that paragraph;").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 103. In this grouping are Amendments Nos. 103, 104, 105, 110, 112 and 115. Amendments Nos. 103, 104 and 105 adjust the provisions of the Bill so far as Scotland is concerned. Amendments Nos. 110 and 112 extend the effect of the abolition of the death penalty for piracy with violence to the Channel Islands and the Isle of Man, the death penalty being replaced with a maximum penalty of life imprisonment. Amendment No. 115 is a formality, removing the privilege amendment.

Moved, That the House do agree with the Commons in their Amendment No. 103.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

104
Page 87, line 16, after ("paragraphs") insert ("1,").
105
Page 87, line 16, after ("(3),") insert ("10(1) and (2),").

Lord Hardie: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 104 and 105.

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Moved, That the House do agree with the Commons in their Amendments Nos. 104 and 105.--(Lord Hardie.)

On Question, Motion agreed to.

COMMONS AMENDMENT

106
Clause 108, page 87, line 16, after ("26,") insert ("32C,").

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 106. In this grouping are Amendments Nos. 106, 109, 111, 113, 117, 139, 141, 143, 155, 160, 163, 165, 168, 169, 188, 189, 190 and 233. Amendments Nos. 106, 109, 111, 113, 117, 139, 141, 143, 155, 160, 163, 165, 190 and 233 are consequential on the new procedure for moving indictable-only cases very quickly to the Crown Court. Amendments Nos. 168 and 169 introduce a special power of discontinuance in respect of offences sent to the Crown Court under Clause 48. Amendments No. 188 and 189 are very minor drafting amendments.

Moved, That the House do agree with the Commons in their Amendment No. 106.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.


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