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

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After Clause 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
143     Insert the following new Clause-- 
     ("  .  Schedule (Amendments of the Sex Offenders Act 1997) (which amends the Sex Offenders Act 1997 in respect of persons who are subject to the notification requirements of that Act to make provision, in particular, for--
    (a)  altering the requirements,
    (b)  increasing penalties,
    (c)  enabling courts to make restraining orders, and
    (d)  improving the information held about such persons),
is to have effect.")
Amendments of the Sex Offenders Act 1997.
1997 c. 51.
144     Insert the following new Clause-- 
     ("  .--(1)  In this section--
    relevant sexual or violent offender" has the meaning given by section (Supplemental); and
    responsible authority", in relation to any area, means the chief officer of police and the local board for that area acting jointly.
    (2)  The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by--
    (a)  relevant sexual or violent offenders, and
    (b)  other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public.
    (3)  The responsible authority for each area must keep the arrangements established by it under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.
 
    (4)  As soon as practicable after the end of the period of 12 months beginning with the coming into force of this section and each subsequent period of 12 months, the responsible authority for each area must--
    (a)  prepare a report on the discharge by it during that period of the functions conferred by this section, and
    (b)  publish the report in that area.
    (5)  The report must include--
    (a)  details of the arrangements established by the responsible authority, and
    (b)  information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report.
    (6)  The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section.")
Arrangements for assessing etc risks posed by certain offenders.
145     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of section (Arrangements for assessing etc risks posed by certain offenders) a person is a relevant sexual or violent offender if he falls within one or more of subsections (2) to (5).Supplemental.
     (2)  A person falls within this subsection if he is subject to the notification requirements of Part I of the Sex Offenders Act 1997.
 
    (3)  A person falls within this subsection if--
1997 c. 51.
 
    (a)  in England and Wales he is convicted of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and
    (b)  one of the following sentences is imposed on him in respect of the conviction--
          (i)  a sentence of imprisonment for a term of 12 months or more,
          (ii)  a sentence of detention in a young offender institution for a term of 12 months or more,
          (iii)  a sentence of detention during Her Majesty's pleasure,
2000 c. 6.
 
          (iv)  a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
          (v)  a detention and training order for a term of 12 months or more, or
2000 c. 6.
 
          (vi)  a hospital or guardianship order within the meaning of the Mental Health Act 1983.
    (4)  A person falls within this subsection if--
1983 c. 20.
 
    (a)  in England and Wales he is found not guilty of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and
    (b)  one of the following orders is made in respect of the act charged against him as the offence--
          (i)  an order that he be admitted to hospital, or
2000 c. 6.
 
          (ii)  a guardianship order within the meaning of the Mental Health Act 1983.
    (5)  A person falls within this subsection if any of the conditions set out in sections 27(2) and (3) and 28(2) and (3) are satisfied in his case.")
1983 c. 20.
146     Insert the following new Clause-- 
     ("  .--(1)  This section applies in a case where--
    (a)  an offender is convicted of a sexual or violent offence, and
    (b)  a relevant sentence is imposed on him in respect of that conviction.
    (2)  This section shall not apply in a case where the offence of which the offender is convicted is a sexual or violent offence by virtue of paragraph (c) of subsection (10) unless the relevant sentence in respect of the conviction was imposed by the Crown Court or the Court of Appeal.
 
    (3)  In cases where this section applies, the local board for the area in which the offender is sentenced must take all reasonable steps to ascertain whether any appropriate person wishes to--
    (a)  make representations about whether the offender should be subject to any conditions or requirements on his release and, if so, what conditions or requirements, or
    (b)  receive information about any conditions or requirements to which the offender is to be subject on his release.
    (4)  In this section "appropriate person", in relation to an offence, means any person who appears to the local board in question to be, or to act for, the victim of the offence ("the victim").
 
    (5)  Where it is ascertained that an appropriate person wishes to make representations in accordance with paragraph (a) of subsection (3), the relevant local board must forward those representations to the person responsible for determining the matters mentioned in that paragraph.
 
    (6)  Where it is ascertained that an appropriate person wishes to receive information in accordance with subsection (3)(b), the relevant local board must take all reasonable steps--
    (a)  to inform that person whether or not the offender is to be subject to any conditions or requirements on his release,
    (b)  if the offender is to be subject to any such conditions or requirements, to provide that person with details of any conditions or requirements which relate to contact with the victim or his family, and
    (c)  to provide that person with such other information as is considered by that local board to be appropriate in all the circumstances of the case.
    (7)  For the purposes of subsections (5) and (6) "relevant local board" means--
    (a)  where the offender is to be supervised on release by an officer of a local board, that local board,
    (b)  in any other case, the local board for the area in which the prison or other place of detention from which the offender is to be released is situated.
    (8)  Section 5(2)(a) and (7) applies to arrangements made by a local board for the purposes of this section as it applies to arrangements made for the purposes mentioned in section 1.
 
    (9)  In this section--
    conditions" means conditions in a licence;
    relevant sentence" means--
          (i)  a sentence of imprisonment for a term of 12 months or more,
          (ii)  a sentence of detention in a young offender institution for a term of 12 months or more,
          (iii)  a sentence of detention during Her Majesty's pleasure,
Duties of local boards in connection with victims of certain offences.
 
          (iv)  a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), or
          (v)  a detention and training order for a term of 12 months or more;
2000 c. 6.
 
    requirements" means requirements specified in a notice under section 65(5) of the Criminal Justice Act 1991 (requirements imposed in connection with supervision of young offenders after release).
    (10)  An offence is a sexual or violent offence for the purposes of this section if it is--
1991 c. 53.
 
    (a)  a sexual or violent offence within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000,
2000 c. 6.
 
    (b)  an offence in respect of which the offender is subject to the notification requirements of Part I of the Sex Offenders Act 1997, or
    (c)  an offence against a child within the meaning of Part II of this Act.
    (11)  This section has effect in relation to cases where the relevant sentence is imposed after this section comes into force.")
1997 c. 51.
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
147     Insert the following new Clause-- 
     ("  .  In section 2(1), section 2(2) and section 2(7) of the Sex Offenders Act 1997, for the words "14 days", there shall be substituted the words "48 hours".")Sex offenders: notification requirements.
148     Insert the following new Clause-- 
     ("  .  Sections 34A, 37A and 38A of the Criminal Justice Act 1991 shall cease to have effect.")Release of short-term prisoners on licence: repeal of powers.
149     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(j) there is inserted--
    (k)  the court, when passing sentence, did not state in ordinary language and in open court--
          (i)  the existence of the power of the Secretary of State to release prisoners under this section; and
          (ii)  the period of imprisonment that the prisoner would serve were the Secretary of State to release him immediately after having served the requisite period under subsection (4) below."")
Conditions for release of short-term prisoners on licence.
150     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ab)  the sentence was imposed under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum of three years for third domestic burglary);".")
Conditions for release of short-term prisoners on licence (No. 2).
151     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ac)  the sentence is for an offence for which the maximum term of imprisonment is ten years or more;"")
Conditions for release of short-term prisoners on licence (No. 3).
152     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ad)  the court, when passing sentence, has directed that subsection (3) shall not apply in the interests of justice, or because of the serious nature of the offence, or because the offender is a persistent offender;".")
Conditions for release of short-term prisoners on licence (No. 4).
153     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted--
      (bb)  the sentence is for any of the following offences--
            (i)  an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);
            (ii)  an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);
            (iii)  an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grievous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".")
Conditions for release of short-term prisoners on licence (No. 5).
154     Insert the following new Clause-- 
     ("(  )  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence) after subsection (2)(c) there is inserted--
      (cc)  the sentence is for an offence against a child as defined in section 25(1) of the Criminal Justice and Court Services Act 2000;"")
Conditions for release of short-term prisoners on licence (No. 6).
  
BY THE BARONESS BLATCH
 
155*     Insert the following new Clause-- 
     ("  .  It shall be a duty of the authority prosecuting an offence listed in Schedules 1 and 2 of the Sex Offenders Act 1997 to inform the victim of that offence, or the representative of the victim, of the progress of the prosecution.")Information about prosecution.
  
Clause 61
 
  
BY THE LORD BASSAM OF BRIGHTON
 
156     Page 42, line 5, at end insert--
 
    ("(  )  In this Part (except in section (Duties of local boards in connection with victims of certain offences) references to release include temporary release.")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill. 
 
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