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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 2
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 2, line 8, at end insert ("and of property") 
     Page 2, line 10, after ("proper") insert ("and effective") 
     Page 2, line 10, at end insert--
    ("(  )  ensuring offenders' awareness of the effects of crime on the victims of crime and the public.")
 
     Page 2, line 10, at end insert--
    ("(  )  the education of offenders")
 
  
Clause 3
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 2, line 24, at end insert--
 
    ("(5)  The Secretary of State shall lay before each House of Parliament the conditions on which he makes any payment under this section.")
 
  
Clause 4
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 2, line 27, leave out ("local") and insert ("probation") 
     Page 3, line 1, leave out subsection (6) 
     Page 3, line 2, at end insert ("; which may be made only if a draft of the order has been laid before, and approved by a resolution of, each House of Parliament") 
  
Schedule 1
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 46, line 5, leave out paragraphs 1 and 2 
     Page 46, line 11, leave out (", the chief officer") 
     Page 46, line 12, at end insert (";  and in particular, the Secretary of State shall ensure that at least one member of the board shall be from each of the following categories--
    (a)  a member of a county, borough or district council in the area of the board,
    (b)  a justice of the peace resident in the area of the local board,
    (c)  a member of the youth offending team")
 
     Page 46, line 12, at end insert--
 
    ("(  )  The chief officer is to be appointed by the board with the approval of the Secretary of State.")
 
     Page 46, line 12, at end insert--
 
    ("(  )  The Secretary of State shall ensure that the members of the board appointed by him are appropriately qualified to carry out the functions conferred on them by this Act.")
 
     Page 46, line 12, at end insert--
 
    ("(  )  In making appointments under sub-paragraph (3), the Secretary of State shall consult--
    (a)  each county, borough or district council in the area of the local board;
    (b)  each magistrates' courts committee in the area of the local board;
    (c)  the police authority responsible for the area of the local board;
    (d)  the chief constable responsible for the area of the local board;
    (e)  the resident judge in each Crown Court centre in the area of the local board;
    (f)  such other persons as he thinks fit.")
 
     Page 46, line 30, at end insert ("; but no member may be appointed for a period longer than five years, nor may any member serve continuously as a member of a local board for a period of more than 15 years") 
     Page 46, line 31, leave out sub-paragraph (5) 
     Page 47, line 16, leave out from beginning to ("the") in line 17 and insert--
 
    ("7.  Each board shall appoint a secretary and a treasurer.
 
    7A.  Regulations may provide--
    (a)  for")
 
     Page 47, line 37, leave out paragraph 10 
     Page 47, line 40, leave out sub-paragraph (1) and insert--
 
    ("(1)  The Secretary of State shall pay to a probation board, in a timely manner, such amounts as shall be necessary for each board to discharge its responsibilities.")
 
     Page 48, line 12, after ("holding") insert ("or managing land and other") 
     Page 48, line 18, after ("hold") insert ("or manage") 
     Page 48, line 18, at end insert ("without the approval of the Secretary of State") 
     Page 48, line 36, at end insert--
 
    ("(  )  The local board shall publish the plan (or any modified plan) prepared under this paragraph in at least two newspapers circulating widely in its area, and otherwise as it thinks fit or as the Secretary of State shall direct, and shall make it available for public inspection during ordinary office hours, either at the board's offices or at some convenient place appointed by the board.")
 
     Page 49, line 27, leave out ("prescribed persons") and insert ("any person") 
     Page 49, line 29, at end insert--
 
    ("(2)  The Secretary of State shall appoint an independent person to determine any complaints made against a local board.
 
    (3)  The complainant or the local board may appeal against the decision of the independent person to such tribunal as the Secretary of State shall appoint for the purpose of hearing appeals.
 
    (4)  The independent person or tribunal appointed under sub-paragraphs (2) or (3) may be appointed in respect of more than one board.")
 
  
Clause 5
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 3, line 12, leave out ("(for example)") 
     Page 3, line 13, after ("with") insert ("appropriate") 
     Page 3, line 15, after ("with") insert ("appropriate") 
     Page 3, line 17, at end insert--
    ("(  )  make arrangements with any organisation or individual under which any services provided to the board by its staff are also made available to the organisation or individual,
    (  )  charge for anything done under arrangements under this section.")
 
     Page 3, line 19, after ("designate") insert ("appropriate") 
     Page 3, line 19, at end insert ("; but no individual may be so designated without the consent of the chairman of the board or the chief officer.") 
     Page 3, line 19, at end insert--
 
    ("(2A)  A local board shall publish the details of any arrangements made under subsection (2) in at least two newspapers circulating widely in its area, and otherwise as it thinks fit, and shall make them available for public inspection during ordinary office hours, either at the board's offices or at some convenient place appointed by the board.
 
    (2B)  Regulations may make further provision as to the manner in which arrangements made under subsection (2) are to be publicised.")
 
     Page 3, line 22, after ("giving") insert ("appropriate") 
     Page 3, line 24, after ("providing") insert ("appropriate") 
     Page 3, line 24, leave out ("accommodation") and insert ("supervision") 
     Page 3, line 25, leave out ("at any time") 
     Page 3, line 41, at end insert ("; and in doing so, the Secretary of State shall have regard to any representations made to him by the chief inspector") 
  
Clause 6
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 4, line 4, at end insert--
 
    ("(  )  The Secretary of State shall make regulations for the establishment of performance standards for the inspectorate and for independent assessment of the inspectorate against such standards.")
 
     Page 4, line 9, leave out ("Below") 
  
Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 4, line 27, at end insert ("within two months of its receipt") 
  
After Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Insert the following new Clause-- 
     ("  .  The prisons ombudsman shall exercise the same powers and functions in relation to the arrangements made by each local board under section 5 as he exercises in relation to prisons.")Jurisdiction of prisons ombudsman.
  
Clause 8
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 4, line 35, at end insert ("appropriate") 
     Page 4, line 36, after ("or") insert ("appropriate") 
     Page 4, line 44, at end insert--
 
    ("(4)  In making an order under this section, the Secretary of State shall have regard to any representations that may be made to him by--
    (a)  the local boards;
    (b)  the chief inspector;
    (c)  any other person who appears to the Secretary of State to have an interest in the standard or efficiency of the exercise of the functions of the local boards.")
 
  
Clause 9
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 5, line 3, leave out ("community rehabilitation") and insert ("probation") 
     Page 5, line 8, after second ("any") insert ("reasonable") 
     Page 5, line 11, at end insert--
 
    ("(4)  The total expenditure incurred by the Secretary of State under this section in any period of 12 months shall not exceed such sum as may be specified in a resolution of the House of Commons, unless a further resolution of the House of Commons determines otherwise.")
 
  
Clause 10
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 5, line 14, leave out from ("it") to end of line 16 
     Page 5, line 18, at end insert--
 
    ("(  )  The Secretary of State may not make a management order unless he has received a report on the local board made under section 7 during the period of three months prior to the making of the order.")
 
     Page 5, line 31, at end insert--
 
    ("(4A)  A management order shall be effective for such period (not greater than 12 months) as the Secretary of State shall specify in the order.")
 
     Page 5, line 32, at end insert ("during the specified period mentioned in subsection (4A)") 
     Page 5, line 38, at end insert--
 
    ("(7)  Upon the expiry or revocation of a management order, the Secretary of State shall not make another management order in respect of the board until 12 months have elapsed since the expiry or revocation, unless in his opinion, and that of the chief inspector, a change of circumstances warrants the making of a further order.")
 
  
Schedule 2
 
  
BY THE BARONESS DAVID
[In substitution for the amendment printed on sheet HL Bill 83(d)]
 
     Page 51, line 26, at end insert (",  and that those directions require all staff dealing with children to give account of their work and be regularly supervised by managers who have an appropriate level of previous experience as either a Family Court Welfare Officer or Guardian ad Litem") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 52, line 40, leave out ("prescribed persons") and insert ("any person") 
     Page 52, line 41, at end insert--
 
    ("  .--(2)  The Lord Chancellor shall appoint an independent person to determine any complaints made against the Service under the scheme referred to in paragraph 15.
 
    (3)  The complainant or the Service may appeal against the decision of the independent person to such tribunal as the Lord Chancellor shall appoint for the purpose of hearing appeals.")
 
  
Clause 12
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 6, line 11, after ("welfare") insert ("and interests") 
  
Clause 18
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 8, line 28, leave out ("(other than a chief probation officer)") 
     Page 8, line 37, leave out paragraph (b) 
  
Clause 19
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 9, line 3, leave out ("Service") and insert ("new employer") 
     Page 9, line 7, leave out ("Service") and insert ("new employer") 
  
Schedule 4
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 55, line 41, at end insert--
    ("(  )  he commits an offence under section 4 of the Misuse of Drugs Act 1971 (restriction on production and supply of controlled drugs) by supplying a controlled drug to a child,")
 
  
Clause 27
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     Page 12, line 38, leave out ("either") and insert ("one") 
     Page 13, line 7, at end insert--
 
    ("(  )  The third condition is that--
    (a)  the individual is convicted of an offence against a child committed when he was aged 18 or over, and
    (b)  the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child.")
 
     Page 13, line 12, at end insert ("at any time in the future") 
 
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Prepared 28 September 2000