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

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Clause 33
 
  
BY THE BARONESS BLATCH
 
51*     Page 16, line 18, leave out ("he is released") and insert ("the sentence passed on him expires") 
  
Clause 34
 
  
BY THE BARONESS BLATCH
 
52*     Page 16, line 46, 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") 
  
Clause 35
 
  
BY THE LORD BASSAM OF BRIGHTON
 
53     Page 18, leave out lines 30 to 32 and insert--
    ("(  )  member of a relevant local government body,")
 
54     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,")
 
55     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.") 
56     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.")
 
57     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.
58     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.
  
After Clause 38
 
  
BY THE BARONESS BLATCH
 
59*     Insert the following new Clause-- 
     ("  .  After section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child), there shall be inserted--Use of electronic communications systems to commit acts of gross indecency with children.
 Use of electronic communications systems to commit acts of gross indecency with children.     1A.--(1)  In this section, except where otherwise stated, "child" means a person under the age of sixteen years.
 
    (2)  Any person who uses an electronic communications system, including (but not limited to) computers, computer networks, computer bulletin boards and newsgroups, computer chatrooms, the internet, and other analogous electronic means, for the purposes of--
    (a)  engaging in an act of gross indecency with a person he knows or has reason to believe is a child;
    (b)  engaging in a sexually explicit discussion with a person he knows or has reason to believe is a child; or
    (c)  soliciting a person he knows or has reason to believe is a child to engage in any act that would constitute an offence under section 1 or under section 2(a) or (b),
is guilty of an offence and shall be liable--
          (i)  on conviction on indictment, to imprisonment for a term not exceeding ten years, or to a fine, or to both; or
          (ii)  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.
    (3)  References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.
 
    (4)  Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".")
 
60*     Insert the following new Clause-- 
     ("  .  For section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child), there shall be substituted--Indecent conduct towards children.
 <~et>Indecent conduct towards children.     1.--(1)  In this section, except where otherwise stated, "child" means a person under the age of sixteen years.
 
    (2)  Any person who--
 
  
    (a)  knowingly commits an act of gross indecency with or towards a child, or who incites a child to commit such an act with that person, or with another;
    (b)  travels with the intent of committing any act of gross indecency with or towards a child;
    (c)  knowingly employs, uses, persuades, induces, entices or coerces a child to engage in, or to assist any other person to engage in, an act of gross indecency with or towards any child; or
    (d)  transports a child with the intent that that child engage in an act of gross indecency,
is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
 
    (3)  Any person who--
    (a)  abducts, detains or otherwise restricts the liberty of a child for the purpose of sexually exploiting that child; or
    (b)  organises or knowingly facilitates such abduction, detention or restriction,
is guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 15 years, or to a fine, or to both.
 
    (4)  Any parent, guardian or other person having for the time being custody or control of a child who knowingly permits that child to engage in, or to assist any other person to engage in, sexual activity, or who knowingly permits the sexual exploitation of that child, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
 
    (5)  References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.
 
    (6)  Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces).".")
 
  
Clause 39
 
  
BY THE LORD BASSAM OF BRIGHTON
 
61     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.
62     Page 21, leave out lines 2 and 3 
63     Page 21, line 30, leave out (""works"") and insert (""working"") 
  
Clause 43
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
64*     Page 25, leave out lines 31 to 43 
  
Clause 44
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
65*     Page 27, leave out lines 18 to 26 
  
Clause 47
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
66*     Page 30, leave out lines 23 to 32 
  
Clause 48
 
  
BY THE BARONESS BLATCH
 
67*     Page 31, leave out lines 29 to 38 
  
Clause 50
 
  
BY THE LORD WINDLESHAM
THE LORD DHOLAKIA
 
68     Page 35, line 17, at end insert--
 
    ("(1D)  In addition to making an order under sub-paragraph (1C) above, the magistrates' court may impose a fine which shall not exceed £1,000."")
 
69     Page 36, line 10, at end insert--
 
    ("(1D)  In addition to making an order under sub-paragraph (1C) above, the Crown Court may impose a fine which shall not exceed £1,000."")
 
  
Clause 57
 
  
BY THE LORD BASSAM OF BRIGHTON
 
70     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 DHOLAKIA
THE LORD PHILLIPS OF SUDBURY
 
71     Page 42, line 6, at end insert--
 
    ("(  )  This section will be commenced only after standards have been set and age appropriate provision made for young adults (18 to 24 years old) in custody.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
72     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.")
 
  
After Clause 62
 
  
BY THE BARONESS BLATCH
 
73*     Insert the following new Clause-- 
      ("  .  It shall be a duty of the authority prosecuting an offence listed in schedules 1 and 2 of the Sex Offenders Act 1997 to inform the victim of that offence, or the representative of the victim, of the progress of the prosecution.")Information about prosecution.
74*     Insert the following new Clause-- 
      ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(j) there is inserted--
    (k)  the court, when passing sentence, did not state in ordinary language and in open court--
          (i)  the existence of the power of the Secretary of State to release prisoners under this section; and
          (ii)  the period of imprisonment that the prisoner would serve were the Secretary of State to release him immediately after having served the requisite period under subsection (4) below."")
Conditions for release of short-term prisoners on licence.
75*     Insert the following new Clause-- 
      ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ab)  the sentence was imposed under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum of three years for third domestic burglary);".")
Conditions for release of short-term prisoners on licence (No. 2).
76*     Insert the following new Clause-- 
 
        ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ac)  the sentence is for an offence for which the maximum term of imprisonment is ten years or more;"")
Conditions for release of short-term prisoners on licence (No. 3).
77*     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(a) there is inserted--
      (ad)  the court, when passing sentence, has directed that subsection (3) shall not apply in the interests of justice, or because of the serious nature of the offence, or because the offender is a persistent offender;".")
Conditions for release of short-term prisoners on licence (No. 4).
78*     Insert the following new Clause-- 
     ("  .  In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted--
      (bb)  the sentence is for any of the following offences--
            (i)  an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);
            (ii)  an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);
            (iii)  an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grievous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".")
Conditions for release of short-term prisoners on licence (No. 5).
79*     Insert the following new Clause-- 
     ("  .  Sections 34A, 37A and 38A of the Criminal Justice Act 1991 shall cease to have effect.")Release of short-term prisoners on licence: repeal of powers.
 
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