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Amendment Paper as at
Tuesday 14th November 2000

CONSIDERATION OF LORDS AMENDMENTS


CRIMINAL JUSTICE AND COURT SERVICES BILL

On Consideration of Lords Amendments to the Criminal Justice and Court Services Bill


Lords Amendment No. 14

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 15

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 25

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 39

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 41

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 42

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 43

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 44

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Straw

To move the following Amendments to the words so restored to the Bill:—

          Page     9,     line     22,     leave out 'for' and insert 'of'.(a)

   


(b)

Page     9,     line     23,     after 'local' insert 'probation'.


Lords Amendment No. 45

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 46

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 48

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 49

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 50

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Straw

To move the following Amendments to the words so restored to the Bill:—

          Page     10,     line     35,     leave out 'for' and insert 'of'.(a)

   


(b)

Page     10,     line     35,     after 'local' insert 'probation'.

   


(c)

Page     10,     line     45,     after 'local' insert 'probation'.

   


(d)

Page     11,     line     6,     leave out 'for' and insert 'of'.

   


(e)

Page     11,     line     6,     after 'local' insert 'probation'.

   


(f)

Page     11,     line     12,     after 'local' insert 'probation'.


73

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

As an Amendment to the Lords Amendment:—

Line     1,     at end insert—(a)

    ', subject to a commencement order being issued after the results of the review of the sentencing framework of the Criminal Justice Act 1991 have been taken into account,'.


74

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

As an Amendment to the Lords Amendment:—

Line     1,     at end insert—(a)

    ', subject to a commencement order being issued after the results of the review of the sentencing framework of the Criminal Justice Act 1991 have been taken into account,'.


75

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

As an Amendment to the Lords Amendment:—

Line     1,     at end insert—(a)

    ', subject to a commencement order being issued after the results of the review of the sentencing framework of the Criminal Justice Act 1991 have been taken into account,'.


Lords Amendment No. 76

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Straw

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

          Page     22,     line     39,     leave out 'one year' and insert 'two years'.(a)

   


(b)

Page     23,     line     5,     leave out 'one year' and insert 'two years'.

   


(c)

Page     81,     line     17,     leave out 'one year' and insert 'two years'.

   

Mr Secretary Straw

To move the following Amendments to the words restored to the Bill:—

   


(d)

Page     24,     line     31,     leave out from 'direct' to 'shall' in line 36 and insert 'that section 40A(5) above'.

   


(e)

Page     24,     line     37,     leave out 'so specified' and insert 'specified in the order'.


Lords Amendment No. 78

   

Mr Secretary Straw

To move the following consequential Amendments to the Bill:—

   


(a)

Page     78,     line     23,     leave out '58B(4)'.

   


(b)

Page     78,     line     30,     leave out '40C(2) or 58B(4)' and insert 'or 40C(2)'.


Lords Amendment No. 79

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Straw

To move the following Amendments to the words restored to the Bill:—

          Page     29,     leave     out     lines     15     to 17.(a)

   


(b)

Page     29,     line     19,     leave out 'so specified' and insert 'specified in the order'.


Lords Amendment No. 80

   

Mr Secretary Straw

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Straw

To move the following Amendments to the Bill in lieu of the Lords Amendment:—

          Page     29,     line     27,     leave out 'one year' and insert 'two years'.(a)

   


(b)

Page     81,     line     10,     leave out 'one year' and insert 'two years'.

   

Mr Secretary Straw

To move the following Amendments to the words so restored to the Bill:—

   


(c)

Page     30,     leave     out     lines     16     to 18.

   


(d)

Page     30,     line     20,     leave out 'so specified' and insert 'specified in the order'.


100

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

To move, That this House disagrees with the Lords in their Amendment.

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

As Amendments to the Lords Amendment:—

Line     4,     at end insert—(b)

    '(db) 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.'.

   


(c)

Line     4,     at end insert—

    '(db) the sentence was imposed under section 111 of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum of three years for third domestic burglary);'.

   


(d)

Line     4,     at end insert—

    '(db) 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;'.

   


(e)

Line     4,     at end insert—

    '(db) the sentence is for an offence for which the maximum term of imprisonment is ten years or more;'.

   


(f)

Line     4,     at end insert—

    '(db) 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 having served the requisite period under subsection (4) below.'.

 
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