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

back to previous amendments
 
  
Clause 48
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
126*     Page 32, line 18, at end insert ("and that the failure constitutes a serious breach of the order") 
  
BY THE LORD BASSAM OF BRIGHTON
 
127     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"")
 
  
BY THE LORD WINDLESHAM
THE LORD DHOLAKIA
THE BARONESS STERN
THE LORD BISHOP OF LINCOLN
 
128     Page 33, line 1, leave out subsections (4) to (6) 
  
BY THE LORD BASSAM OF BRIGHTON
 
129     Page 33, line 1, leave out subsections (4) and (5) and insert--
        ("(4)  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."
 
 
        (5)  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
 
130     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 or release;
    (d)  for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
131*     Page 35, line 46, at end insert--
 
    ("(  )  A chief constable shall not order a drug test unless he or she has been notified by the Secretary of State that arrangements for treatment are available in the relevant police area.")
 
  
Clause 53
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 53 stand part of the Bill. 
  
After Clause 53
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
132*     Insert the following new Clause-- 
     ("  .  It shall be a defence for a person accused of an offence under section 8 of the Misuse of Drugs Act 1971 (occupiers etc. of premises to be punishable for permitting certain activities to take place there) that he did not wilfully permit an activity under that section to take place.")Defence against section 8 of the Misuse of Drugs Act 1971.
  
Clause 55
 
  
BY THE LORD BASSAM OF BRIGHTON
 
133     Page 37, line 16, leave out from ("shall,") to end of line and insert ("unless it makes an order under") 
134     Page 37, line 34, leave out from beginning to ("is") in line 36 and insert ("If the court") 
135     Page 37, leave out lines 40 to 42 and insert ("the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender") 
136     Page 37, line 43, leave out ("excluded by subsection (4) above") and insert ("where an order under subsection (4) above is in force") 
137     Page 37, line 45, after ("shall") insert ("at the appropriate stage") 
138     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 56
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill. 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
139     Page 40, leave out line 9 
  
Clause 59
 
  
BY THE LORD BASSAM OF BRIGHTON
 
140     Page 41, line 20, after ("regulations") insert ("made by the Secretary of State") 
141     Page 41, leave out line 32 
  
Clause 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
142     Page 41, line 34, leave out from ("subsection") to end of line 37 and insert ("(2)(d) there is inserted-- 
 
      (da)  the prisoner is subject to the notification requirements of Part I of the Sex Offenders Act 1997;"")
1997 c. 51.
 
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