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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 Marshalled List of Amendments to the Criminal Justice and Court Services Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the Instruction of 27th September 2000, as follows-- 
 Clauses 1 to 4
Schedule 1
Clauses 5 to 11
Schedule 2
Clauses 12 to 19
Schedule 3
Clauses 20 to 25
Schedule 4
Clauses 26 to 61
Schedule 5
Clauses 62 to 65
Schedule 6
Clause 66
Schedule 7
Clauses 67 to 73
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
1     Page 2, line 8, at end insert ("and of property") 
2     Page 2, line 10, after ("proper") insert ("and effective") 
3     Page 2, line 10, at end insert--
    ("(  )  ensuring offenders' awareness of the effects of crime on the victims of crime and the public")
 
4     Page 2, line 10, at end insert--
    ("(  )  the education of offenders")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
5*     Page 2, line 10, at end insert--
    ("(  )  the rehabilitation of offenders")
 
  
Clause 3
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
6     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
 
7     Page 2, line 27, leave out ("local") and insert ("probation") 
8     Page 3, line 1, leave out subsection (6) 
9     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
 
10     Page 46, line 4, leave out paragraphs 1 and 2 
11     Page 46, line 11, leave out (", the chief officer") 
12     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")
 
13     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.")
 
14     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.")
 
15     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.")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
16*     Page 46, line 20, at end insert--
 
    ("(  )  No more than one third shall comprise persons who are currently sitting as magistrates.")
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
17     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") 
18     Page 46, line 31, leave out sub-paragraph (5) 
19     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")
 
20     Page 47, line 37, leave out paragraph 10 
21     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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
THE LORD DHOLAKIA
 
22     Page 48, line 12, after ("holding") insert ("or managing land and other") 
23     Page 48, line 18, after ("hold") insert ("or manage") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
24     Page 48, line 18, at end insert ("without the approval of the Secretary of State") 
25     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.")
 
26     Page 49, line 27, leave out ("prescribed persons") and insert ("any person") 
27     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
 
28     Page 3, line 12, leave out ("(for example)") 
29     Page 3, line 13, after ("with") insert ("appropriate") 
30     Page 3, line 15, after ("with") insert ("appropriate") 
31     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.")
 
32     Page 3, line 19, after ("designate") insert ("appropriate") 
33     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.") 
34     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.")
 
35     Page 3, line 22, after ("giving") insert ("appropriate") 
36     Page 3, line 24, after ("providing") insert ("appropriate") 
37     Page 3, line 24, leave out ("accommodation") and insert ("supervision") 
38     Page 3, line 25, leave out ("at any time") 
39     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
 
40     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.")
 
41     Page 4, line 9, leave out ("Below") 
  
After Clause 6
 
  
BY THE LORD WINDLESHAM
THE LORD DHOLAKIA
 
42     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may not exercise the power conferred by section 6(2) to appoint a person as chief inspector who also holds the office of Chief Inspector of Her Majesty's Prisons.
 
    (2)  A person who holds the office of chief inspector may not be appointed to the office of Chief Inspector of Her Majesty's Prisons.")
Chief inspector not to hold office of Chief Inspector of Prisons.
  
Clause 7
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
43*     Page 4, line 22, leave out subsection (4) 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
44     Page 4, line 27, at end insert ("within two months of its receipt") 
  
After Clause 7
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
45     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
 
46     Page 4, line 35, at end insert ("appropriate") 
47     Page 4, line 36, after ("or") insert ("appropriate") 
48     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.")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. 
  
Clause 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
49     Page 5, leave out lines 2 to 5 and insert ("premises in which accommodation is provided--
    (a)  for persons granted bail in criminal proceedings (within the meaning of the Bail Act 1976), or
    (b)  for, or in connection with, the supervision or rehabilitation of persons convicted of offences.
    (  )  References in any enactment to an approved bail hostel or approved probation hostel are to be read as references to premises approved under this section.")
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
50     Page 5, line 3, leave out ("community rehabilitation") and insert ("probation") 
51     Page 5, line 8, after second ("any") insert ("reasonable") 
52     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
 
53     Page 5, line 14, leave out from ("it") to end of line 16 
54     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.")
 
55     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.")
 
56     Page 5, line 32, at end insert ("during the specified period mentioned in subsection (4A)") 
57     Page 5, line 38, at end insert--
 
    ("(  )  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.")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
58*     Page 5, line 38, at end insert--
 
    ("(  )  The Secretary of State must be satisfied that sufficient resources have been made available to a probation board to ensure that it can perform its functions.")
 
  
Schedule 2
 
  
BY THE BARONESS DAVID
 
59     Page 50, line 36, at end insert--
        ("(  )  the establishment of committees which include persons from the local community, courts and court users, the function of which is to advise area managers on the provision of local services and local recruitment.")
 
  
BY THE EARL OF LISTOWEL
THE BARONESS HANHAM
THE BARONESS BLATCH
 
60*     Page 50, line 41, leave out sub-paragraph (2) and insert--
 
    ("(  )  Officers of the service with responsibility for working before the Court with children and families should hold a recognised social work qualification (whether or not appointed under sub-paragraph (1)(a)).
 
    (  )  Regulations may make provision as to the post-qualifying training and experience to be required of designated officers of the Service.
 
    (  )  Regulations may also make provision as to the qualifications and experience to be required of those in management roles within the Service.")
 
  
BY THE BARONESS DAVID
 
61     Page 50, line 43, at end insert (", and that required training is locally available within the Service to a specified nationally accredited standard") 
62     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
 
63     Page 52, line 40, leave out ("prescribed persons") and insert ("any person") 
64     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.")
 
 
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Prepared 29 September 2000