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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 Amendments to the Criminal Justice and Court Services Bill. to be moved on Report in the House of Lords.

  
Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 3, leave out line 5 and insert ("in respect of its area for the purposes mentioned in section 1 and for ensuring the performance of any other functions conferred by virtue of this Act or any other enactment on the board") 
     Page 3, line 13, leave out from ("for") to ("behalf") in line 14 and insert ("provision to be made on the board's") 
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 6, line 14, leave out ("13(1)") and insert ("13(2)") 
  
Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 6, line 26, at end insert ("(whether or not they are exercisable for the purposes of the functions conferred on the Service by subsection (1))") 
     Page 6, line 35, after second ("in") insert ("the Matrimonial and Family Proceedings Act 1984 and also includes any other proceedings which are family proceedings for the purposes of")1984 c. 42.
     Page 6, line 41, leave out ("that Act)") and insert ("the Children Act 1989)")1989 c. 41.
  
Clause 15
 
  
BY THE EARL OF LISTOWEL
 
     Page 7, line 21, leave out ("an officer of the Service") and insert ("a suitably qualified lawyer") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 7, line 21, leave out ("in the exercise of his functions") and insert ("of a prescribed description") 
     Page 7, line 25, leave out ("magistrates' court or county") 
     Page 7, line 25, at end insert ("in the exercise of his functions") 
  
BY THE EARL OF LISTOWEL
 
     Page 7, line 26, leave out ("An officer of the Service") and insert ("A suitably qualified lawyer") 
     Page 7, line 30, leave out ("An officer of the Service") and insert ("A suitably qualified lawyer") 
  
Clause 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 8, line 25, at end insert ("and for "that subsection" there is substituted "subsection (1) or (2A) above"") 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, line 29, leave out ("for") and insert ("of") 
  
Clause 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 10, line 43, leave out ("for") and insert ("of") 
     Page 11, line 13, leave out ("for") and insert ("of") 
  
Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 12, line 26, after ("in") insert ("relation to") 
     Page 12, line 27, after ("in") insert ("relation to") 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 60, line 22, at end insert-- 
 
    ("(  )  an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),")
1988 c. 33.
     Page 61, line 41, at end insert-- 
 
    ("(  )  he commits an offence under section 4(3) of the Misuse of Drugs Act 1971 by--
          (i)  supplying or offering to supply a Class A drug to a child,
          (ii)  being concerned in the supplying of such a drug to a child, or
          (iii)  being concerned in the making to a child of an offer to supply such a drug,")
1971 c. 38.
  
Clause 35
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 18, leave out lines 30 to 32 and insert--
    ("(  )  member of a relevant local government body,")
 
     Page 18, line 35, at end insert--
    ("(  )  member of the Youth Justice Board for England and Wales,
    (  )  Children's Commissioner for Wales or deputy Children's Commissioner for Wales,")
 
     Page 18, line 37, at end insert--
 
    ("(6A)  For the purposes of subsection (6) a person is a member of a relevant local government body if--
    (a)  he is a member of, or of an executive of, a local authority and discharges any education functions, or social services functions, of a local authority,
    (b)  he is a member of an executive of a local authority which discharges any such functions,
    (c)  he is a member of--
          (i)  a committee of an executive of a local authority, or
          (ii)  an area committee, or any other committee, of a local authority,
 
 which discharges any such functions.") 
     Page 19, line 3, at end insert--
 
    ("(  )  Any reference in subsection (6A) to a committee includes a reference to any sub-committee which discharges any functions of that committee.")
 
     Page 19, line 28, after ("section") insert-- 
 
    (""area committee" has the same meaning as in section 18 of the Local Government Act 2000,")
2000 c. 22.
     Page 19, line 29, at end insert--
    (""education functions", in relation to a local authority, means any functions with respect to education which are conferred on the authority in its capacity as a local education authority,
 
 
    executive", in relation to a local authority, has the same meaning as in Part II of the Local Government Act 2000,
2000 c. 22.
 
    social services functions", in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970.")
1970 c. 42.
  
Clause 39
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 20, line 40, at end insert-- 
 
    (""Class A drug" has the same meaning as in the Misuse of Drugs Act 1971,")
1971 c. 38.
     Page 21, leave out lines 2 and 3 
     Page 21, line 30, leave out (""works"") and insert (""working"") 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 41, line 13, leave out from ("direction") to ("there") and insert ("which it would have given under section 87 below (crediting periods of remand in custody)"") 
  
Clause 58
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 42, line 15, at end insert--
 
    ("(  )  On the coming into force of this section--
    (a)  paragraph (b) of the definition of "qualifying sentence" in section 30(1), and
    (b)  paragraph (b) of the definition of "relevant sentence" in section 66(9),
are omitted.")
 
  
Schedule 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 62, line 10, leave out from ("requirements),") to end of line 18 and insert ("in subsection (1), for "14 days" there is substituted "three days".
 
    (  )  For subsection (5) of that section there is substituted--
        (5)  A person may give a notification under this section by--
      (a)  attending at any police station in his local police area, and
      (b)  giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station,
    and a notification under subsection (2) above may also be given by sending a written notification to any such police station".")
 
     Page 62, line 25, leave out from ("above") to ("shall") in line 26 
     Page 62, line 28, leave out ("(5)(a)") and insert ("(5)(b)") 
     Page 62, line 34, leave out from ("persons") to ("or") in line 35 and insert ("subject to the notification requirements of this Part") 
     Page 62, line 46, leave out from ("Part") to second ("or") and insert ("who leave the United Kingdom") 
     Page 63, line 1, leave out from ("regulations") to ("is") in line 7 and insert ("make provision for requiring them--
    (a)  to give in accordance with the regulations, before they leave, a notice under subsection (6E) below, and
    (b)  if they subsequently return to the United Kingdom, to give in accordance with the regulations a notice under subsection (6F) below.
    (6E)  A notice under this subsection must disclose--
    (a)  the date on which he will leave the United Kingdom, the country to which he will travel (or, if there is more than one, the first country) and his point of arrival, determined in accordance with the regulations, in that country,
    (b)  any other information prescribed by the regulations which the person holds about his departure from or return to the United Kingdom or his movements while outside the United Kingdom.
    In this subsection "country" includes territory.
 
    (6F)  A notice under this subsection must disclose any information prescribed by the regulations about the person's return to the United Kingdom.
 
    (6G)  The power to make regulations under subsections (6D) to (6F) above")
 
     Page 63, line 15, leave out from beginning to ("a") 
     Page 63, leave out lines 21 to 23 
     Page 63, leave out lines 26 to 30 and insert ("or
    (  )  a person fails to comply with any requirement imposed by virtue of section 2(6D) above to give a notice, or gives a notice which does not disclose the required information or which discloses information which he knows to be false")
 
     Page 65, line 10, leave out from ("hospital") to end of line 11 
     Page 65, line 28, leave out from beginning to ("there") in line 32 and insert--
        ("At the end of section 10")
 
     Page 65, line 37, leave out ("3") and insert ("3(1A)") 
     Page 65, line 37, leave out from ("(b)") to ("there") in line 38 
  
Clause 65
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 45, line 31, leave out ("in England and Wales") 
     Page 45, line 31, after ("convicted") insert ("by a court in England or Wales") 
     Page 46, line 6, leave out ("in England and Wales") 
     Page 46, line 6, after ("guilty") insert ("by a court in England or Wales") 
     Page 46, line 17, at end insert--
 
    ("(  )  In this section "court" does not include a court-martial or the Courts-Martial Appeal Court.")
 
  
Clause 66
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 46, line 19, leave out from beginning to ("on") in line 20 and insert ("a court--
    (a)  convicts an offender of a sexual or violent offence, and
    (b)  imposes a relevant sentence")
 
     Page 46, line 21, leave out subsection (2) 
     Page 47, line 13, leave out subsection (8) 
     Page 47, line 17, at end insert--
    (""court" does not include a court-martial or the Courts-Martial Appeal Court,")
 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 7, leave out from ("board") to end of line 8 
     Page 75, line 10, at end insert--
 
    ("  .  In section 70(1) (general 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;".")
 
     Page 82, line 9, at end insert--
 
    ("  .  In section 6(1) (general 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;".")
 
     Page 82, line 12, leave out second ("prison") and insert ("or prison") 
     Page 82, line 28, leave out (""sentence of") 
     Page 82, line 37, at end insert--
 
    ("  .  In section 99(1) (general 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;".")
 
     Page 83, line 14, at end insert--
 
    ("  .  The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.")
 
     Page 83, line 15, leave out ("of the Prisoners and Criminal Proceedings (Scotland) Act 1993") 
     Page 83, line 17, at end insert--
 
    ("  .  In section 27(1) (interpretation of Part I), 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;".")
 
     Page 87, line 1, at end insert--
 
    ("  .  In section 54(1) (general 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;".")
 
     Page 87, leave out lines 8 to 12 and insert (", in each of paragraphs 8(5) and 11(6), in the table, for "Probation officer" there is substituted "Officer of a local board"") 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 106, line 32, column 3, after ("3,") insert ("paragraph 9(2),") 
  
Clause 77
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 50, line 33, at end insert ("and different areas") 
     Page 50, line 40, after ("136") insert (", 138") 
  
Clause 78
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 51, line 13, at end insert--
      ("(  )  this Chapter,")
 
     Page 51, line 22, at end insert--
 
    ("(  )  For the purposes of the Scotland Act 1998, any provision of section 63 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.")
 
 
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Prepared 25 October 2000