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Amendments to the Criminal Justice and Court Services Bill

Criminal Justice and Court Services Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Criminal Justice and Court Services Bill to be moved in Committee in the House of Lords.

  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, line 28, leave out from ("any") to ("have") in line 29 and insert ("directions about consultation given by the appropriate Minister") 
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 11, line 27, leave out from ("any") to ("have") in line 28 and insert ("directions about consultation given by the appropriate Minister") 
  
Clause 48
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 32, line 45, at end insert (", and
    (  )  where one of those orders is a curfew order that fact shall be disregarded for the purposes of sub-paragraph (4) above"")
 
     Page 33, line 1, leave out from beginning to end of line 41 and insert--
 
    ("In paragraph 4, for sub-paragraph (1) there is substituted--
        (1)  This paragraph applies if it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.
        (1A)  In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the magistrates' court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion--
      (a)  that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or
      (b)  that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.
        (1B)  The sentence of imprisonment--
      (a)  where the offence was an offence punishable by imprisonment, shall be for the term which, if--
            (i)  he had just been convicted of the offence by the court, and
            (ii)  section 79(2) of this Act did not apply,
 
 the court would impose on him for that offence; and  
 
      (b)  in any other case, shall be for a term not exceeding three months;
    taking account of the extent to which he has complied with the requirements of the order.
        (1C)  If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that subsection, the magistrates' court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)--
      (a)  by making a curfew order in respect of him (subject to paragraph 6A) below);
      (b)  where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);
      (c)  where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or
      (d)  where the relevant order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by it of the offence."
    (  )  In paragraph 5, for sub-paragraph (1) there is substituted--
        (1)  This paragraph applies where under paragraph 3 or by virtue of paragraph 4(4) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.
        (1A)  In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the Crown Court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion--
      (a)  that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or
      (b)  that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.
        (1B)  The sentence of imprisonment--
      (a)  where the offence was an offence punishable by imprisonment, shall be for the term which, if--
            (i)  he had just been convicted of the offence by the court, and
            (ii)  section 79(2) of this Act did not apply,
 
 the court would impose on him for that offence; and 
 
      (b)  in any other case, shall be for a term not exceeding three months;
    taking account of the extent to which he has complied with the requirements of the order.
        (1C)  If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that subsection, the Crown Court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)--
      (a)  by making a curfew order in respect of him (subject to paragraph 6A) below);
      (b)  where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);
      (c)  where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or
      (d)  by dealing with him, for the offence in respect of which the order was made, in any way in which the Crown Court could deal with him if he had just been convicted before it of the offence".")
 
  
Clause 52
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 35, line 43, at end insert--
 
    ("(  )  Information obtained from a sample taken under this section may be disclosed--
    (a)  for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person concerned;
    (b)  where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
    (c)  where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision;
    (d)  for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.")
 
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 37, line 16, leave out from ("shall,") to end of line and insert ("unless it makes an order under") 
     Page 37, line 34, leave out from beginning to ("is") in line 36 and insert ("If the court") 
     Page 37, line 39, leave out from ("above") to end of line 42 and insert ("the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender") 
     Page 37, line 43, leave out ("excluded by subsection (4) above") and insert ("where an order under subsection (4) above is in force") 
     Page 37, line 45, after ("shall") insert ("at the appropriate stage") 
     Page 38, line 2, at end insert--
 
    ("(5A)  The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.")
 
  
Clause 59
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 41, line 20, after ("regulations") insert ("made by the Secretary of State") 
  
Schedule 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 73, line 15, after ("2000") insert ("or a direction under that section will be required to be given at the appropriate stage") 
     Page 73, line 18, at end insert-- 
 ("or, in the case of a life prisoner in respect of whom a direction under that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence, 
 and in this section "appropriate stage", in relation to such a direction, has the same meaning as in subsection (5A) of that section") 
     Page 73, line 23, after ("been") insert ("made or") 
     Page 73, line 24, after ("sentences") insert ("or such a direction will be required to be given at the appropriate stage") 
     Page 78, line 20, leave out (""40(2), 40C(2), 58B(4)") and insert (""40(2)(b), 40C(2)(b)") 
     Page 78, line 21, leave out ("7(9) or 8(8)") and insert ("7(9)(b) or 8(8)(b)"") 
     Page 78, line 22, at end insert--
          ("(  )  after "15(1)" there is inserted "40(2)(a), 40C(2)(a)",")
 
     Page 78, line 24, after second ("or") insert ("paragraph 7(9)(a) or 8(8)(a) of Schedule 2 or") 
     Page 78, line 35, at end insert--
    ("(  )  in the definition of "curfew order", after "59 above" there is inserted "or paragraph 6A of Schedule 3 to this Act" and after "section 59" (in the second place) there is inserted "or paragraph 4(1C)(a) of Schedule 3",")
 
     Page 80, leave out lines 11 to 23 and insert--
 
    ("(  )  In paragraph 4--
    (a)  in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
    (b)  in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraphs (1A) or (1C)(d)",
    (c)  in sub-paragraph (4), for "(1)(a)" there is substituted "(1C)(a)",
    (d)  in sub-paragraph (6), for "sub-paragraph (1)(d)" there is substituted "sub-paragraphs (1A) or (1C)(d)".
    (  )  In paragraph 5--
    (a)  in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
    (b)  in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraphs (1A) or (1C)(d)".
    (  )  After paragraph 6 there is inserted--
 
 Curfew orders imposed for breach of relevant order 
 
        6A.--(1) Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to "make" there were substituted "Where a court has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender".
        (2)  In this paragraph--
      secondary order" means a curfew order made by virtue of paragraph 4(1C)(a) or 5(1C)(a) above;
      original order" means the relevant order the failure to comply with which led to the making of the secondary order.
        (3)  A secondary order--
      (a)  shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and
      (b)  may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.
        (4)  This Part, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.
        (5)  Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.
        (6)  Paragraphs 2A, 4(1A) to (2), 5(1A) to (2), 10 and 11 of Schedule 3 apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.
        But in paragraphs 4 and 5 of that Schedule, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.
        (7)  In paragraphs 4 and 5 of that Schedule, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
        (8)  Paragraph 19(3) of that Schedule applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order."
    (  )  In paragraph 7--
    (a)  in sub-paragraph (1), for "4(1)(b) and 5(1)(b)" there is substituted "4(1C)(b) and 5(1C)(b)",
    (b)  in sub-paragraph (2), for "4(1)(b) or 5(1)(b) above" there is substituted "4(1C)(b) or 5(1C)(b) and "original order" means the relevant order the failure to comply with which led to the making of the secondary order",
    (c)  for sub-paragraphs (4) to (6) there is substituted--
        (4)  This Part, except sections 35, 36, 46(3) and (8) and 48 to 50, has effect in relation to a secondary order as it has effect in relation to any other community punishment order, but subject to the further modifications made below.
        (5)  Paragraphs 2A, 4(1A) to (3), 5(1A) to (3), 10 and 11 of Schedule 3 apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.
        But in paragraphs 4 and 5 of that Schedule, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.
        (6)  In paragraphs 4 and 5 of that Schedule, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
        (7)  Paragraph 19(3) of that Schedule applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.",
    and for the cross-heading preceding the paragraph there is substituted "Community punishment orders imposed for breach of relevant order".
    (  )  In paragraph 8--
    (a)  in sub-paragraph (1)--
          (i)  for "4(1)(c) and 5(1)(c)" there is substituted "4(1C)(c) and 5(1C)(c)",
          (ii)  for the words following "Where a court" there is substituted "has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may",
    (b)  in sub-paragraph (2)--
          (i)  in paragraph (b), after "applicable" there is inserted "section 36B and",
          (ii)  for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",
    (c)  in sub-paragraph (3), for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)".
    (  )  In paragraph 9--
    (a)  in sub-paragraph (1), for "4(1)(a), (b) or (c) or 5(1)(a), (b) or (c)" there is substituted "4(1C)(a), (b) or (c) or 5(1C)(a), (b) or (c)",
    (b)  sub-paragraph (2) is omitted,
    (c)  in sub-paragraph (3), for "4(1)(d)" there is substituted "4(1C)(d)".")
 
 
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