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

back to previous amendments
 
  
Schedule 6
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
158     Page 56, line 17, leave out paragraphs 1 to 3 
  
BY THE LORD BASSAM OF BRIGHTON
 
159     Page 56, line 39, leave out ("4(1)(c)(ii), 5(1)(c)(ii)") 
160     Page 56, line 40, at end insert-- 
 ("in Schedule 4--  
      in paragraph 1, sub-paragraphs (1) (in each place), (2), (3) (in both places) and (4) and the preceding cross-heading, 
      in paragraph 2, sub-paragraphs (1) (in both places), (2) to (4) and the preceding cross-heading, 
      paragraph 5(a), 
      paragraph 6(4) (in both places).") 
161     Page 57, leave out line 19 and insert-- 
      ("paragraph 1(1)(c),") 
162     Page 57, line 20, leave out from ("(2)") to end of line 21 and insert ("and (3)(a)") 
163     Page 57, line 22, at end insert-- 
 ("in Schedule 4--  
      in paragraph 3, sub-paragraphs (1) (in the first, second and third places), (2) (in the first and third places) and (3) (in the first place) and the preceding cross-heading, 
      in paragraph 4, sub-paragraph (1) (in both places), sub-paragraph (2) and sub-paragraph (3) (in the first place), 
      paragraph 5(b), 
      paragraph 6(4)(c).") 
164     Page 57, line 38, leave out ("4(1)(c)(ii), 5(1)(c)(ii)") 
165     Page 57, line 42, at end insert-- 
 ("in Schedule 4--  
      paragraph 5 and the preceding cross-heading, 
      paragraph 6(4)(a).") 
166     Page 58, line 13, at end insert-- 
 
    ("In the Prisoners and Criminal Proceedings (Scotland) Act 1993--
 
 sections 12(2)(a) and 15(4).") 1993 c. 9.
167     Page 58, leave out lines 14 and 15 
168     Page 58, line 15, at end insert-- 
 
    ("In the Criminal Procedure (Scotland) Act 1995--
 
 sections 209(3)(a) and 234(1)(a).") 1995 c. 46.
169     Page 58, line 15, at end insert-- 
 
    ("In the Crime (Sentences) Act 1997--
 
 section 31(2A)(a).") 1997 c. 43.
170     Page 58, leave out lines 38 to 43 
171     Page 58, line 43, at end insert-- 
 ("Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c.  65) 
     . In Part I of the Second Schedule to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments may be made under Part V, and paying authorities), for paragraphs 6 and 7 there is substituted-- 
 
6. Member of the staff of a local board or of two or more local boards established under section 4 of the Criminal Justice and Court Services Act 2000.The local board or, as the case may be, the local boards acting jointly.
7. Chief officer of a local board established under section 4 of the Criminal Justice and Court Services Act 2000.The Secretary of State."")
 
172     Page 64, leave out lines 7 to 9 
173     Page 64, line 9, at end insert-- 
 ("Social Work (Scotland) Act 1968 (c. 49) 
     . In section 94(1) of the Social Work (Scotland) Act 1968 (interpretation)--
    (a)  at the appropriate place there is inserted--
      community rehabilitation order" has the meaning given by section 38 of the Criminal Justice and Court Services Act 2000",
    (b)  for the definition of "probation order" there is substituted--
      probation order"--
            (a)  in relation to an order imposed by a court in England or Wales, means a community rehabilitation order,
 
 
            (b)  in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,"")
S.I. 1996/3160
(N.I. 24).
174     Page 64, line 26, leave out from ("etc.)") to end of line 30 and insert (""within the meaning of the Probation Service Act 1993" is omitted") 
175     Page 64, line 30, at end insert--
 
    (".--(1) Schedule 3 (approved schools and other institutions) is amended as follows.
 
     (2)  In paragraph 6(1), after " Probation Service Act 1993" there is inserted "or section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000".
 
    (3)  In paragraph 9--
    (a)  in sub-paragraph (2)--
          (i)  for "either" there is substituted "any",
          (ii)  in paragraph (a), "or" is omitted,
          (iii)  after paragraph (b) there is inserted--
      (c)  section 3 of the Criminal Justice and Court Services Act 2000 (functions of the Secretary of State);
      (d)  section 5 of that Act (functions of local boards); or
      (e)  section 9 of that Act (approved bail hostels, etc.)."
    (b)  for sub-paragraph (4)(b) there is substituted--
      (b)  the amount which in his opinion represents the proportion of the contributions paid by local authorities under section 90 of the Act of 1933 or (as the case may be) the proportion of the sums paid by--
1993 c. 47.
 
            (i)  probation committees under rules made under the Probation Service Act 1993,
            (ii)  the Secretary of State under section 3 or 9 of the Criminal Justice and Court Services Act 2000, and
            (iii)  local boards under section 5 of that Act,
 
 which (in either case) should be treated as having been paid on account of expenditure of a capital nature in connection with the former approved institution;" 1993 c. 47.
     (4)  In paragraph 10(4)(b), after " Probation Service Act 1993" there is inserted "or under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000".")1993 c. 47.
176     Page 64, leave out lines 40 to 42 
177     Page 64, line 42, at end insert-- 
 ("Pensions (Increase) Act 1971 (c. 56) 
     . In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), after paragraph 53 there is inserted-- 
 
        53A. A pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as chairman, chief officer, member or member of the staff of a local board established under section 4 of the Criminal Justice and Court Services Act 2000."")
1972 c. 11.
178     Page 64, line 42, at end insert-- 
 ("Local Government Act 1972 (c. 70) 
     . In Part I of Schedule 12A to the Local Government Act 1972 (access to information: exempt information)--
    (a)  in paragraph 2(a), "or" is omitted,
    (b)  at the end of paragraph 2(b) there is inserted--
      or
      (c)  a local board within the meaning of the Criminal Justice and Court Services Act 2000.",
    (c)  after paragraph 2 there is inserted--
        2A. Information relating to a particular chief officer, former chief officer or applicant to become a chief officer of a local board within the meaning of the Criminal Justice and Court Services Act 2000."")
 
179     Page 64, line 42, at end insert-- 
 ("Juries Act 1974 (c. 23) 
     .--(1)  Schedule 1 to the Juries Act 1974 (ineligibility and disqualification for and excusal from jury service) is amended as follows.
 
    (2)  In Part I, in Group B--
 
 
    (a)  in the entry for the warden and staff of a probation hostel or bail hostel, "(within the meaning of the Probation Service Act 1993)" is omitted,
    (b)  after that entry there is inserted--
          The warden or a member of the staff of approved premises (within the meaning of Part I of the Criminal Justice and Court Services Act 2000)",
    (c)  after the entry for probation officers there is inserted--
          The chief officer and members of the staff of a local board established under section 4 of the Criminal Justice and Court Services Act 2000.
          Any person who performs the functions of a chief officer of a local board in accordance with a management order made under section 10 of the Criminal Justice and Court Services Act 2000.
          Any person who performs the functions of an officer of a local board under section 5(2) of the Criminal Justice and Court Services Act 2000".
    (3)  In Part II, in the third paragraph, for "been placed on probation" there is substituted "had made in respect of him a probation order".")
1993 c. 47.
180     Page 64, line 42, at end insert-- 
 ("Rehabilitation of Offenders Act 1974 (c. 53) 
     .  The Rehabilitation of Offenders Act 1974 is amended as follows.
 
    .  In section 5 (rehabilitation periods for particular sentences)--
    (a)  in subsection (4A), for "a person was placed on probation" there is substituted "a probation order was made",
    (b)  in subsection (4A)(b), for "probation order" there is inserted "order in question".
    . In section 6(3) (the rehabilitation period applicable to a conviction)--
    (a)  for "placed on probation" there is substituted "a probation order was made",
    (b)  for "or probation" there is substituted "or a breach of the order".")
 
181     Page 65, leave out lines 25 to 34 
182     Page 65, line 42, after ("56(3)") insert (", (4)") 
183     Page 66, line 4, after ("56(3)") insert (", (4)") 
184     Page 66, line 20, at end insert--
 
    (". Section 72 (report by probation officer on means of parties) is omitted.")
 
185     Page 66, line 46, at end insert-- 
     (". In Schedule 6A (fines that may be altered under section 143), the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 is omitted.")2000 c. 6.
186     Page 67, line 4, at end insert-- 
 ("Criminal Justice Act 1982 (c. 48) 
     . In paragraph 7(3)(b) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "probation committee for that area to appoint or assign a probation officer" there is substituted "local board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board".") 
187     Page 67, leave out lines 23 to 26 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
188     Page 67, line 34, leave out paragraph 78 
  
BY THE LORD BASSAM OF BRIGHTON
 
189     Page 67, leave out lines 39 to 42 
190     Page 68, leave out lines 1 to 3 
191     Page 68, line 39, at end insert-- 
 ("Local Government Finance Act 1988 (c. 41) 
     . The Local Government Finance Act 1988 is amended as follows.
 
    . In section 74(1)(c) (levies), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".
 
    . In section 117(5)(c) (rates and precepts: abolition), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".")
 
192     Page 68, leave out lines 40 to 43 
193     Page 69, line 29, at end insert--
 
    (". In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)--
    (a)  in paragraph (a), "or" is omitted,
    (b)  in paragraph (b), after "hostels or homes" there is inserted--
      ; or
      (c)  of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act)."")
 
194     Page 69, line 29, at end insert--
 
    (". In section 68(2)(d), (persons disqualified from being private foster parents), for "has been placed on probation or" there is substituted "a probation order has been made in respect of him or he has been".")
 
195     Page 69, line 34, at end insert--
 
    (". In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.")
 
196     Page 70, line 4, at end insert--
 
    (". In section 34A(2)(c) (power to release short term prisoners on licence), for "4(1)(d) or 5(1)(d)" there is substituted "4(1C)(d) or 5(1C)(d)".")
 
197     Page 70, leave out lines 6 to 12 and insert ("subsection (7) is omitted") 
198     Page 70, line 29, at end insert--
 
    (". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 10--
    (a)  in sub-paragraphs (2)(b) and (3)(c) for "probation committee" there is substituted "local board",
    (b)  in sub-paragraph (3)(a), for "a probation officer assigned" there is substituted "an officer of a local board assigned",
    (c)  in sub-paragraph (3)(d), for "probation centre" there is substituted "community rehabilitation centre".")
 
199     Page 70, line 29, at end insert--
 
    (". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 11(4), for "4(1)(d), 5(1)(d)" there is substituted "4(1C)(d), 5(1C)(d)".")
 
200     Page 70, line 31, leave out ("paragraph 2 is") and insert ("paragraphs 2 and 6(3) are") 
201     Page 70, leave out lines 39 to 42 
202     Page 70, line 46, at end insert-- 
 ("Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.  9) 
     . In section 15(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (variation of supervised release order), for "probation officer" there is substituted "officer of a local board".") 
203     Page 71, leave out lines 5 to 27 
204     Page 71, line 27, at end insert-- 
 ("Criminal Procedure (Scotland) Act 1995 (c. 46) 
     . The Criminal Procedure (Scotland) Act 1995 is amended as follows.
 
    . In section 209(7) (supervised release orders), for "probation officer" there is substituted "officer of a local board".
 
    . In section 228(2)(b) (probation orders), for "probation committee" there is substituted "local board".
 
    . In section 234 (probation orders: persons residing in England and Wales)--
    (a)  in subsection (2), for "probation order made" there is substituted "community rehabilitation order made",
    (b)  in subsection (3)(c), for "probation committee" there is substituted "local board",
    (c)  in subsection (4)(a), after "probation orders" there is inserted "or, as the case may be, community rehabilitation orders",
    (d)  in subsection (5)(a), for "probation order" there is substituted "community rehabilitation order",
    (e)  in subsection (5)(b), for "combination order" there is substituted "community punishment and rehabilitation order",
    (f)  in subsection (10), for "probation orders" there is substituted "community rehabilitation orders".
    . In section 242 (community service orders: persons residing in England and Wales)--
    (a)  in subsection (1)(a)(ii), for "community service order" there is substituted "community punishment order",
    (b)  in subsections (1)(a)(iii), (2)(b) and (3)(b), for "community service orders" there is substituted "community punishment orders",
    (c)  in subsection (3)(b)--
          (i)  for "probation committee" there is substituted "local board",
          (ii)  for "a probation officer" there is substituted "an officer of the board".
    . In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)--
    (a)  for subsection (3) there is substituted--
        (3)  Subject to the following provisions of this section--
      (a)  a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and
      (b)  a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly."
    (b)  in subsections (4)(a) and (6), after "community service orders" there is inserted "or, as the case may be, community punishment orders",
    (c)  in subsection (5), after "a community service order" there is inserted "or, as the case may be, a community punishment order".
    . In section 307(1) (interpretation), at the appropriate place there is inserted--
      local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000";")
 
205     Page 71, leave out lines 28 to 30 
206     Page 72, line 49, at end insert-- 
 ("Criminal Justice (Northern Ireland) Order 1996 (S.I.  1996/3160  (N.I.  24)) 
     . The Criminal Justice (Northern Ireland) Order 1996 is amended as follows. 
     . In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "probation committee" there is substituted "local board".1991 c. 53.
     . In Article 13(4)(b) (community service orders in respect of convicted persons) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "such orders" there is substituted "community punishment orders".")1982 c. 48.
207     Page 73, line 13, leave out from ("order") to ("section") and insert ("has been made under subsection (2) of") 
208     Page 73, line 15, after ("2000") insert ("or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage") 
209     Page 73, line 18, at end insert ("or, in the case of a life prisoner in respect of whom a direction under subsection (5) of 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.")
 
210     Page 73, line 23, after ("been") insert ("made or") 
211     Page 73, line 24, after ("sentences") insert ("or such a direction will be required to be given at the appropriate stage") 
212     Page 73, line 39, leave out ("35(1)(b)") and insert ("35") 
213     Page 73, line 39, after ("general)") insert--
    ("(a)  in subsection (1)(b),")
 
214     Page 73, line 40, at end insert--
    ("(b)  in subsections (5)(c) and (8)(a), for "4(1)(d)" there is substituted "4(1C)(d)".")
 
215     Page 73, line 46, at end insert--
 
    (". In Schedule 1 (transfer of prisoners within the British Islands)--
    (a)  in paragraph 8(5), in the table, for "Probation Officer" there is substituted "Officer of a local board",
    (b)  in paragraph 11(6), in the table, for "Probation Officer appointed for or assigned to such petty sessions area" there is substituted "Officer of a local board appointed for or assigned to such petty sessions area".")
 
216     Page 74, line 34, at end insert--
 
    (". In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.")
 
217     Page 75, line 27, at end insert--
 
    (". Section 6 (appeals against prohibition or restriction of employment) is omitted.")
 
218     Page 75, line 38, at end insert--
 
    ("  .  In section 12 (interpretation)--
    (a)  in the definition of "child care position", for paragraphs (a) to (c) there is substituted--
      (a)  is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but
      (b)  is not a position within subsection (3) below;"
 
 
    (b)  in subsection (3)(b), for the words from "an independent" to the end there is substituted "a school which is a children's home for the purposes of the Care Standards Act 2000".")
2000 c. 14.
219     Page 76, line 7, at end insert--
 
    (". Section 38 (electronic monitoring of curfew orders) is omitted.")
 
220     Page 76, line 7, at end insert--
 
    (". In section 40 (curfew orders: supplementary), in subsection (1)(a), the words from "(including" to "available)" are omitted.")
 
221     Page 76, line 7, at end insert--
 
    (". In section 40 (curfew orders: supplementary), after subsection (2) there is inserted--
        (3)  An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
222     Page 76, line 27, at end insert--
 
    (". In section 45(2) (community rehabilitation orders: supplementary), for "paragraph 19(2)(a)" there is substituted "paragraphs 2A(4) and (5) and 19(2)(a)".)
 
223     Page 76, line 35, at end insert--
 
    (". In section 57 (copies of orders)--
    (a)  in subsection (2), after "order shall" there is inserted "(subject to subsection (3A) below)",
    (b)  after subsection (3) there is inserted--
        (3A)  Where--
      (a)  a magistrates' court amends a drug treatment and testing order under section 55(1) above; and
      (b)  the order as amended provides for a magistrates' court other than that mentioned in paragraph (a) to be responsible for the order;
    the court amending the order shall not give copies of the order as amended as mentioned in subsection (2) above but shall forthwith send copies of it to the court responsible for the order and that court shall, as soon as reasonably practicable after the order is amended, give copies to an officer of a local board assigned to that court."")
 
224     Page 76, line 35, at end insert--
 
    (". In section 58 (drug treatment and testing orders: supplementary), at the end there is inserted--
        (2)  Where an order under paragraph 1(1A) of Schedule 3 provides for the warning provisions to apply to drug treatment and testing orders, an order under this section may make in paragraph 2A(4) and (5) of that Schedule any amendment which the Secretary of State thinks necessary in consequence of any substitution made by that order."")
 
225     Page 76, line 43, leave out ("76") and insert ("76(1)") 
226     Page 77, line 43, leave out ("137(2)(a)") and insert ("137") 
227     Page 77, line 44, leave out from ("compensation)") to end of line 46 and insert ("subsection (2)(a) is omitted") 
228     Page 78, line 20, leave out (""40(2), 40C(2), 58B(4),") and insert (""40(2)(b), 40C(2)(b),") 
229     Page 78, line 21, leave out ("7(9) or 8(8)") and insert ("7(9)(b) or 8(8)(b)"") 
230     Page 78, line 22, at end insert--
          ("(  )  after "15(1)" there is inserted "40(2)(a), 40C(2)(a)",")
 
231     Page 78, line 24, after second ("or") insert ("paragraph 7(9)(a) or 8(8)(a) of Schedule 2 or") 
232     Page 78, line 33, at end insert--
    ("(  )  in the definition of "attendance centre order", for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",")
 
233     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",")
 
234     Page 78, line 35, at end insert--
    ("(  )  in the definition of "community punishment order", for "4(1)(b) or 5(1)(b)" there is substituted "4(1C)(b) or 5(1C)(b)",")
 
235     Page 79, line 12, leave out ("40A(13)") and insert ("40A(14)") 
236     Page 80, line 7, after ("after") insert (""testing") 
237     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-paragraph (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-paragraph (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-paragraph (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)  Part IV of this Act, 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) and 5(1A) to (2) above and 10 and 11 below 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 above, 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 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
        (8)  Paragraph 19(3) below 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)  Part IV of this Act, 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) and 5(1A) to (3) above and 10 and 11 below 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 above, 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 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.
        (7)  Paragraph 19(3) below 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)".")
 
238     Page 80, line 24, leave out ("8(1),") 
239     Page 80, line 38, at end insert--
 
    ("(  )  In paragraphs 16 and 21(7), for "4(1)(d)" there is substituted "4(1C)(d)".")
 
240     Page 81, line 6, leave out from ("months") to ("from") in line 7 
241     Page 81, line 11, leave out from beginning to ("from") in line 12 
242     Page 81, line 12, at end insert--
    ("(  )  in sub-paragraph (3), after "six months" there is inserted "(or, for an offender aged under 16 on conviction, three months)",")
 
243     Page 81, line 17, after ("year") insert ("(or, for an offender aged under 16 on conviction, three months)") 
244     Page 81, line 48, leave out ("25(1)(a)") and insert ("25--
    (a)  in sub-paragraph (1)(a),")
 
245     Page 81, line 49, at end insert--
    ("(b)  sub-paragraph (2) is omitted,
    (c)  in sub-paragraph (3), "or (2)" is omitted.
    (  )  After paragraph 25 there is inserted--
        26.--(1) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the proper officer of the court shall (subject to sub-paragraph (3) below) forthwith give copies of the amending order to the responsible officer.
        (2)  In sub-paragraph (1) above, "proper officer" means--
      (a)  in relation to a magistrates' court, the justices' chief executive for the court; and
      (b)  in relation to the Crown Court, the appropriate officer.
        (3)  Where--
      (a)  a magistrates' court amends a drug treatment and testing order under this Part of this Schedule; and
      (b)  the amending order provides for a magistrates' court other than that mentioned in paragraph (a) to be responsible for the order;
    the court amending the order shall not give copies of the amending order as mentioned in sub-paragraph (1) above but shall send copies to the court responsible for the order and the justices' chief executive for that court shall forthwith give copies of the amending order to the responsible officer.
        (4)  A responsible officer to whom in accordance with sub-paragraph (1) or (3) above copies of an order are given shall give a copy to the offender and to the treatment provider."")
 
246     Page 81, line 51, at end insert--
 
    (".--(1) Schedule 4 (transfer of certain community orders to Scotland or Northern Ireland) is amended as follows.
 
    (2)  In paragraphs 1(3) and 2(3)--
    (a)  in paragraph (c), for "probation committee" there is substituted "local board",
    (b)  in paragraph (d), for "probation centre" there is substituted "community rehabilitation centre".
    (3)  In paragraph 6--
    (a)  in sub-paragraph (8), for the definition of "corresponding order" there is substituted--
      corresponding order"--
            (a)  in relation to a community rehabilitation order, means a probation order;
            (b)  in relation to a community punishment order, means a community service order; and
            (c)  in relation to a community punishment and rehabilitation order--
 
      (i)  if the offender resides in Scotland, or will be residing there at the relevant time, means a probation order including such a requirement as is mentioned in section 229(4) of the Criminal Procedure (Scotland) Act 1995; and 
      (ii)  if he resides in Northern Ireland, or will be residing there at the relevant time, means a combination order;",
    (b)  for the cross-heading preceding paragraph 6 there is substituted "Community rehabilitation, community punishment and community punishment and rehabilitation orders: general provisions".")
1995 c. 46.
247     Page 82, line 1, leave out first ("In") 
248     Page 82, line 1, after ("orders)") insert--
 
("is amended as follows.
 
    (  )  In paragraph 3--
    (a)  in sub-paragraph (2)(b), for "sections 38" there is substituted "sections 36B",
    (b)  in sub-paragraph (5)(a), for "4(1)(d)" there is substituted "4(1C)(d)".
    (  )")
 
249     Page 82, line 6, leave out ("In") 
250     Page 82, line 7, after ("orders)") insert--
 
("is amended as follows.
 
    (  )  In paragraph 3--
    (a)  in sub-paragraph (2)(b), for "sections 38" there is substituted "sections 36B",
    (b)  in sub-paragraph (5)(a), for "4(1)(d)" there is substituted "4(1C)(d)".
    (  )")
 
251     Page 82, line 11, after ("22,") insert ("34(a),") 
252     Page 82, line 17, at end insert--
 
    (". In Schedule 10 (transitory modifications), in paragraph 12(2)--
    (a)  in paragraph (c), for "each of sub-paragraphs (1) and (2)" there is substituted "sub-paragraph (1)",
    (b)  the "and" preceding paragraph (d) is omitted and after that paragraph there is inserted--
      (e)  in sub-paragraph (2)(a) of paragraph 26, for the words "justices' chief executive for the court" there were substituted "clerk to the court"; and
      (f)  in sub-paragraph (3) of that paragraph, for the words "justices' chief executive for that court" there were substituted "clerk to that court".")
 
253     Page 82, line 17, at end insert-- 
 ("Child Support, Pensions and Social Security Act 2000 (c. 19) 
     . The Child Support, Pensions and Social Security Act 2000 is amended as follows.
 
    . In section 62 (loss of benefit for breach of community order)--
    (a)  in subsection (8), in the definition of "relevant community order", for paragraphs (a) to (c) there is substituted--
      (a)  a community punishment order;
      (b)  a community rehabilitation order;
      (c)  a community punishment and rehabilitation order;"
    (b)  for subsection (11)(c)(ii) there is substituted--
            (ii)  in the definition of "relevant community order", for paragraphs (a) to (e) substitute--
      (a)  a community service order;
      (b)  a probation order;
 
 
      (c)  such other description of order made under the Criminal Procedure (Scotland) Act 1995 as may be prescribed for the purposes of this section; or
      (d)  any order falling in Scotland to be treated as an order specified in paragraphs (a) to (c)"."
    . In section 64 (information provision)--
    (a)  in subsection (2), for "Chief Probation Officer for any area in England and Wales" there is substituted "chief officer of a local board",
    (b)  in subsections (2)(a) and (7)(c), for "a person employed or appointed by a probation committee" there is substituted "an officer of a local board" ,
    (c)  at the end of subsection (10) there is inserted "and "local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000".")
1995 c. 46.
254     Page 82, line 17, at end insert-- 
 ("Learning and Skills Act 2000 (c. 21) 
     . The Learning and Skills Act 2000 is amended as follows.
 
    . In sections 115(1)(e) (consultation and coordination) and 120(2)(e) (information: supply by public bodies), for "probation committee" there is substituted "local board".
 
    . In section 121(1) (supplementary), after the definition of "local authority" there is inserted--
      local board" means a board established under section 4 of the Criminal Justice and Court Services Act 2000,"
and the definition of "probation committee" is omitted.")
 
255     Page 82, line 17, at end insert-- 
 ("Regulation of Investigatory Powers Act 2000 (c. 23) 
     . In section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 (general interpretation), after "twenty-one" there is inserted "(eighteen in relation to England and Wales)".") 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
256     Page 82, line 20, at end insert-- 
  ("1948 c. 58.
Criminal Justice Act 1948.
In section 27, in subsection (1), the words from "then, if the court" to "not been so notified", and subsection (2).")
 
257     Page 82, line 20, at end insert-- 
  ("1948 c. 58.
Criminal Justice Act 1948.
In section 39(3), "or remand centre".

In section 80(1), the definitions of "local authority" and "remand centre".")
 
258     Page 82, line 20, at end insert-- 
  ("1952 c. 52.
Prison Act 1952.
In section 37(4), "remand centre".

In section 43, subsection (1)(a), in subsection (2), in paragraph (a) "a remand centre or" and paragraphs (b) and (c), subsection (3), in subsection (4), "remand centres" and subsection (7).

In section 47, in subsection (1), "remand centres" and, in subsection (5), "remand centre".")
 
259     Page 82, line 20, at end insert-- 
  ("1955 c. 18.
Army Act 1955.
In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a sentence of custody for life".

In section 71AA(1AA), "aged 17".

In section 71AB(1), paragraph (b) and the "or" preceding it.

In Schedule 5A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
 
260     Page 82, line 20, at end insert-- 
  ("1955 c. 19.
Air Force Act 1955.
In section 71A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a sentence of custody for life".

In section 71AA(1AA), "aged 17".

In section 71AB(1), paragraph (b) and the "or" preceding it.

In Schedule 5A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
 
261     Page 82, line 20, at end insert-- 
  ("1957 c. 53.
Naval Discipline Act 1957.
In section 43A, subsections (1A) to (1C), in subsection (1D), paragraph (b) and the "and" preceding it, in subsection (1E), paragraph (b) and the "or" preceding it and, in subsection (5), "custody for life or" and "and to a sentence of custody for life".

In section 43AA(1AA), "aged 17".

In section 43AB(1), paragraph (b) and the "or" preceding it.

In Schedule 4A, in paragraph 10(1A), "under 18 years of age" and, in paragraph 15(3), in the second column of the table, "Custody for life".")
 
262     Page 82, line 20, at end insert-- 
  ("1959 c. 45.
Metropolitan Magistrates' Courts Act 1959.
Section 3.

In section 4(2), "of the probation system within the inner London probation area".")
 
263     Page 82, line 20, at end insert-- 
  ("1967 c. 80.
Criminal Justice Act 1967.
In section 67(6), "to a remand centre or".")
 
264     Page 82, line 20, at end insert-- 
  ("1968 c. 27.
Firearms Act 1968.
In section 52(1)(a), "in a young offender institution or".")
 
265     Page 82, line 20, at end insert-- 
  ("1969 c. 54.
Children and Young Persons Act 1969.
In section 23 (as it has effect pursuant to section 98(2) of the Crime and Disorder Act 1998), in subsection (1), "a remand centre or", subsection (4)(b), in subsection (5), "remand centre or" and, in subsection (5A), "a remand centre or".")
 
266     Page 82, line 20, at end insert-- 
  ("1969 c. 54.
Children and Young Persons Act 1969.
In section 46(1), "within the meaning of the Probation Service Act 1993".")
 
267     Page 82, line 20, at end insert-- 
  ("1969 c. 54.
Children and Young Persons Act 1969.
In Schedule 3, in paragraph 9(2)(a), "or".")
 
268     Page 82, line 20, at end insert-- 
  ("1971 c. 40.
Fire Precautions Act 1971.
In section 40(2)(a), "remand centre".")
 
269     Page 82, line 20, at end insert-- 
  ("1972 c. 70.
Local Government Act 1972.
In Part I of Schedule 12A, in paragraph 2(a), "or".")
 
270     Page 82, line 20, at end insert-- 
  ("1974 c. 23.
Juries Act 1974.
In Schedule 1, in Part I, in Group B, in the entry for the warden and staff of a probation hostel or bail hostel, "(within the meaning of the Probation Service Act 1993)".")
 
271     Page 82, leave out lines 25 and 26 
272     Page 82, line 26, at end insert-- 
  ("1980 c. 43.
Magistrates' Courts Act 1980.
In section 11(3), "or detention in a detention centre".

In section 31, in subsections (1) and (2), "or youth custody".

In section 77(2), "or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)".

In section 82(1)(c), "youth custody or detention in a detention centre".

Section 96A.

In section 133, in subsection (1), the first, second and fourth mentions of "or youth custody" and subsection (2A).

Section 135(3).

Section 136(4).")
 
273     Page 82, line 26, at end insert-- 
  ("1980 c. 43.
Magistrates' Courts Act 1980.
Section 72.")
 
274     Page 82, line 26, at end insert-- 
  ("1980 c. 43.
Magistrates' Courts Act 1980.
In Schedule 6A, the entry relating to Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000.")
 
275     Page 82, line 26, at end insert-- 
  ("1980 c. 57.
Imprisonment (Temporary Provisions) Act 1980.
In section 6, in subsections (1) and (2), "remand centre".")
 
276     Page 82, line 26, at end insert-- 
  ("1983 c. 20.
Mental Health Act 1983.
In section 48(2)(a), "or remand centre".")
 
277     Page 82, line 29, at end insert-- 
  ("1988 c. 33.
Criminal Justice Act 1988.
In section 75(3), "or of detention under section 108 of that Act of 2000 (detention of persons aged 17 to 20 for contempt)".")
 
278     Page 82, line 29, at end insert-- 
  ("1988 c. 34.
Legal Aid Act 1988.
In section 21(11), "or a remand centre".")
 
279     Page 82, line 29, at end insert-- 
  ("1988 c. 52.
Road Traffic Act 1988.
Section 105(2)(b).")
 
280     Page 82, line 35, column 3, at end insert-- 
 

("In section 58(4)(a), "or".")
 
281     Page 82, line 40, column 3, at end insert-- 
 

("In Schedule 18, paragraph 25(4)(b).")
 
282     Page 82, line 40, at end insert-- 
  ("1991 c. 25
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.
In Schedule 1, in paragraph 4(1), paragraph (c) and the "or" preceding it.")
 
283     Page 82, line 40, at end insert-- 
  ("1991 c. 53.
Criminal Justice Act 1991.
Section 37A(7).")
 
284     Page 82, line 40, at end insert-- 
  ("1991 c. 53.
Criminal Justice Act 1991.
In section 45(1), "or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".

Section 68(b).

In section 92(1), in the definition of "prison", "or remand centre".

In Schedule 8, paragraph 2.

In Schedule 12, in paragraphs 15(4) and 16(3), "remand centre or".")
 
285     Page 82, line 40, at end insert-- 
  ("1991 c. 53.
Criminal Justice Act 1991.
In Schedule 8, paragraph 6(3).")
 
286     Page 82, line 40, at end insert-- 
  ("1992 c. 14.
Local Government Finance Act 1992.
In Schedule 1, in paragraph 1(4), "or section 108 of the Powers of Criminal Courts (Sentencing) Act 2000".")
 
287     Page 82, line 42, at end insert-- 
  ("1994 c. 19.
Local Government (Wales) Act 1994.
In Schedule 16, paragraph 109.")
 
288     Page 82, line 42, at end insert-- 
  ("1994 c. 33.
Criminal Justice and Public Order Act 1994.
In section 117(3)(a), "and a remand centre".

In section 125(3)(a), "remand centre or".")
 
289     Page 82, line 42, at end insert-- 
  ("1994 c. 33.
Criminal Justice and Public Order Act 1994.
In Schedule 10, paragraphs 72 and 73.")
 
290     Page 82, line 42, at end insert-- 
  ("1994 c. 37.
Drug Trafficking Act 1994.
In section 9, in subsection (2), "or of detention under section 108 of the 2000 Act (detention of persons aged 18 to 20 for default)" and, in subsection (5), "or detention".

In section 10(2), "or detention".

In section 15(13), "or of detention".

In section 16(4)(b), "or detention".

In section 17(4)(b), "or of detention".

In section 21(5)(a), "or of detention".

In section 41(7), "or detention".")
 
291     Page 82, line 42, at end insert-- 
  ("1996 c. 33.
Prisoners' Earnings Act 1996.
In section 4(2), in the definition of "prisoner", "or remand centre".")
 
292     Page 82, line 47, at end insert-- 
  ("1998 c. 37.
Crime and Disorder Act 1998.
In Schedule 8, paragraph 110.")
 
293     Page 83, line 3, at end insert-- 
  ("1999 c. 22.
Access to Justice Act 1999.
In Schedule 10, paragraph 17.")
 
294     Page 83, line 3, at end insert-- 
  ("1999 c. 22.
Access to Justice Act 1999.
In Schedule 10, paragraphs 41 to 45.

In Schedule 11, paragraph 42.")
 
295     Page 83, line 3, at end insert-- 
  ("1999 c. 22.
Access to Justice Act 1999.
In Schedule 11, paragraph 15.")
 
296     Page 83, line 16, column 3, at end insert-- 
 

("In section 76(1), paragraphs (c) and (d).

In section 78, in subsections (1) and (2), "or detention in a young offender institution".

In section 87(12), paragraph (b) and the preceding "and".

Sections 93 to 98.

Section 99(2).

In section 106, subsection (1) and, in subsection (3), the words from the beginning to "and".

Section 108.

Section 110(6).

Section 111(6).")
 
297     Page 83, line 16, column 3, at end insert-- 
 

("Section 137(2)(a).")
 
298     Page 83, line 16, column 3, at end insert-- 
 

("In section 139, in subsection (2), "or of detention under section 108 above (detention of persons aged 18 to 20 for default)", in subsection (3), "or detained", in subsection (3)(c), "custody for life or detention in a young offender institution", in subsection (4), "or detention" and, in subsection (5), the second "or detention".

In section 140(3), "or detention under section 108 above".")
 
299     Page 83, line 20, column 3, at end insert-- 
 

("In Schedule 3, in paragraph 25, sub-paragraph (2) and, in sub-paragraph (3), "or (2)".")
 
300     Page 83, line 20, column 3, at end insert-- 
 

("In Schedule 7, in paragraph 7(7), paragraph (a) and, in paragraph (b), "if the justice or youth court has not been so notified".")
 
301     Page 83, line 20, column 3, at end insert-- 
 

("In Schedule 8, in paragraph 6(7), paragraph (a) and, in paragraph (b), "if it has not been so notified".")
 
302     Page 83, line 21, column 3, at end insert ("5(3), 9, 10, 12, 14, 15, 17, 19, 20, 22,") 
303     Page 83, line 21, column 3, at end insert ("34(a),") 
304     Page 83, line 22, column 3, leave out ("50(3),") 
305     Page 83, line 22, column 3, after ("50(3),") insert ("56, 57, 66, 68, 70, 77, 78, 111(4), 143(b), 152 to 156, 166(3),") 
306     Page 83, line 22, column 3, leave out ("and 188") and insert (", in paragraph 183, sub-paragraph (2)(b) and the preceding "and", sub-paragraphs (3)(b) and (3)(c) and paragraph 188") 
307     Page 83, line 22, column 3, at end insert-- 
 

("In Schedule 10, in paragraph 12(2), the "and" preceding paragraph (d).")
 
308     Page 83, line 22, at end insert-- 
  ("2000 c. 21.
Learning and Skills Act 2000.
In section 121(1), the definition of "probation committee".")
 
  
Clause 69
 
  
BY THE LORD BASSAM OF BRIGHTON
 
309     Page 44, leave out line 13 
310     Page 44, line 15, at end insert-- 
 
    (""subordinate legislation" has the same meaning as in the Interpretation Act 1978.
    (  )  In this Act, "enactment" means an enactment whenever passed or made; but in this Part it means--
    (a)  an Act passed before, or in the same Session as, this Act, and
    (b)  subordinate legislation made before the passing of this Act.")
1978 c. 30.
  
Clause 72
 
  
BY THE LORD BASSAM OF BRIGHTON
 
311     Page 44, line 38, after ("124") and insert ("to 127, 130 and 131") 
312     Page 44, line 41, at end insert--
    ("(  )  section (Amendments of the Sex Offenders Act 1997) and Schedule (Amendments of the Sex Offenders Act 1997),")
 
313     Page 45, line 1, at end insert--
 
    ("(  )  paragraphs 17 and 19 of Schedule 2")
 
314     Page 45, line 5, leave out ("and 34") and insert (", 34 and (Indecent photographs of children: increase of maximum penalties)") 
  
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 29 September 2000