House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
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 Second 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-- 
 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.
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
82     Page 54, line 22, at end insert-- 
 
    ("(  )  an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);")
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
83     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
 
84     Page 12, line 38, leave out ("either") and insert ("one") 
85     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.")
 
86     Page 13, line 12, at end insert ("at any time in the future") 
  
Clause 28
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
87     Page 13, line 27, at end insert--
 
    ("(  )  The third condition is that--
    (a)  the individual is convicted of an offence against a child committed at a time when the individual was under the age of 18, 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.")
 
88     Page 13, line 29, after ("child") insert ("at any time in the future") 
  
Clause 29
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
89     Page 13, line 39, leave out ("for a term of 12 months or more") 
90     Page 13, line 41, leave out ("for a term of 12 months or more") 
91     Page 14, line 1, leave out ("for a period of 12 months or more") 
92     Page 14, line 5, leave out ("for a term of 12 months or more") 
93     Page 14, line 7, leave out ("for a term of 12 months or more") 
  
BY THE LORD BASSAM OF BRIGHTON
 
94     Page 14, line 10, leave out ("or guardianship") 
95     Page 14, line 11, at end insert ("or
    (  )  a guardianship order,")
 
  
Clause 30
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
96     Page 14, line 45, after ("first") insert ("or the third") 
  
After Clause 31
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
97     Insert the following new Clause-- 
     ("  .--(1)  This section applies where the Tribunal has directed under the provisions of section 31 that a disqualification order is to cease to have effect in respect of an individual.
 
    (2)  A relevant person may at any time apply to the Tribunal for the reinstatement of the disqualification order.
 
    (3)  An application under subsection (2) may only be granted if the Tribunal is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child.
 
    (4)  Where the Tribunal reinstates an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.
 
    (5)  In this section, "relevant person" means--
    (a)  the Secretary of State;
    (b)  a superintendent of police;
    (c)  the director of social services of a local authority.")
 
  
Clause 32
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
98     Page 15, line 40, leave out ("he is released") and insert ("the sentence passed on him expires") 
  
Clause 33
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
99     Page 16, line 25, at end insert ("or performs on a casual basis (whether for financial reward or not) any functions which would constitute work in a regulated position") 
  
BY THE LORD BASSAM OF BRIGHTON
 
100     Page 16, line 28, at end insert (", or
    (b)  fails to remove such an individual from such work.")
 
  
Clause 34
 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
101     Page 17, line 25, at end insert--
    ("(i)  a position whose normal duties involve the provision of youth justice services as defined in section 38(4) of the Crime and Disorder Act 1998.")
 
102     Page 18, line 10, at end insert ("or any associated sub-committee") 
103     Page 18, line 16, at end insert--
    ("(  )  chief executive of a local authority,
    (  )  director of leisure services of a local authority,
    (  )  member of a committee of a local authority whose functions include the provision or regulation of leisure services,
    (  )  director of library services of a local authority,
    (  )  member of a committee of a local authority whose functions include the provision or regulation of library services,
    (  )  member of a health authority,
    (  )  chief executive of a health authority,
    (  )  member of a police authority, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad,
    (  )  member of a youth offending team,
    (  )  member of the Youth Justice Board,
    (  )  member of a local board,
    (  )  officer of a local board.")
 
  
After Clause 36
 
  
BY THE LORD BASSAM OF BRIGHTON
 
104     Insert the following new Clause-- 
     ("  .--(1)  In section 6(2) of the Protection of Children Act 1978 (punishments), for "three" there is substituted "ten". 
     (2)  In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for "three" there is substituted "ten". 
     (3)  In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)--
    (a)  after subsection (2) there is inserted--
        (2A)  A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both."
    (b)  for the sidenote there is substituted "Possession of indecent photograph of child".
 
     (4)  In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)--
    (a)  after paragraph (2) there is inserted--
        (2A)  A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both."
    (b)  for the heading there is substituted "Possession of indecent photograph of child".")
 
  
BY THE BARONESS BLATCH
 
105     Insert the following new Clause-- 
     ("  .  For section 6 of the Protection of Children Act 1978 (punishments), there shall be substituted--Maximum term of imprisonment.
106     Insert the following new Clause-- 
     ("  .--(1)  Where a person over the age of 18 years is convicted in England and Wales of an offence under section 1 of the Sexual Offences Act 1956 (rape), and where the victim was under the age of sixteen years at the time of the offence, the court shall impose a sentence of life imprisonment.
 
    (2)  The court may not impose the prescribed sentence specified in subsection (1) if it is of the opinion that there are specific circumstances which relate to the offence or the offender which would make the prescribed custodial sentence unjust in all the circumstances.")
 
 <~et>Punishments.     6.  A person guilty of an offence under this Act shall be liable-- 
  
    (a)  on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both;
 
  
    (b)  on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.".")
 
  
Clause 38
 
  
BY THE LORD BASSAM OF BRIGHTON
 
110     Page 21, line 7, after ("orders)") insert ("whenever made") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill. 
  
Clause 39
 
  
BY THE LORD BASSAM OF BRIGHTON
 
111     Page 21, line 28, after ("orders)") insert ("whenever made") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill. 
  
Clause 40
 
  
BY THE LORD BASSAM OF BRIGHTON
 
112     Page 22, line 9, after ("orders)") insert ("whenever made") 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
113     Page 22, line 17, leave out (""community punishment and rehabilitation order"") and insert (""probation and community service order"") 
  
BY THE BARONESS BLATCH
THE BARONESS SECCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill. 
  
Clause 41
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
114     Page 22, line 42, at end insert--
    ("(  )  shall only be made if the offence is one which is specified in schedules by order of the Secretary of State and"
 
  
BY THE BARONESS BLATCH
 
115     Page 24, leave out lines 31 to 38 
  
BY THE LORD BASSAM OF BRIGHTON
 
116     Page 24, line 38, at end insert--
 
    ("(3)  An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(4) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
  
Clause 42
 
  
BY THE LORD BASSAM OF BRIGHTON
 
117     Page 26, line 2, after ("(2)") insert (", (3A)") 
  
BY THE BARONESS BLATCH
 
118     Page 26, leave out lines 12 to 15 
  
BY THE LORD BASSAM OF BRIGHTON
 
119     Page 26, line 15, at end insert--
 
    ("(5)  An order under subsection (4) above may make in paragraphs 2A(4) and (5) and 19(6) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."")
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill. 
  
Clause 43
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
120     Page 26, line 23, at end insert--
 
    ("(  )  A court shall not order a drug test unless it has been notified by the Secretary of State that arrangements for treatment are available in the relevant area.")
 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 3 October 2000