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