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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 Marshalled List of Amendments to the Criminal Justice and Court Services Bill to be moved on Third Reading in the House of Lords.

  
Clause 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     Page 2, line 3, after first ("local") insert ("probation") 
2     Page 2, line 3, after second ("local") insert ("probation") 
  
Clause 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
3     Page 2, line 33, after ("local") insert ("probation") 
4     Page 2, line 35, after ("local") insert ("probation") 
5     Page 2, line 37, after ("local") insert ("probation") 
6     Page 2, line 39, after ("local") insert ("probation") 
  
Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
7     Page 3, line 5, after ("local") insert ("probation") 
8     Page 3, line 16, after ("local") insert ("probation") 
9     Page 3, line 30, after ("local") insert ("probation") 
10     Page 3, line 33, after ("local") insert ("probation") 
11     Page 3, line 34, after ("local") insert ("probation") 
12     Page 3, line 35, after ("local") insert ("probation") 
13     Page 3, line 37, after ("local") insert ("probation") 
14     Page 3, line 38, after ("local") insert ("probation") 
15     Page 3, line 42, after ("local") insert ("probation") 
16     Page 3, line 45, after ("local") insert ("probation") 
  
Clause 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
17     Page 4, line 22, after ("local") insert ("probation") 
  
Clause 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
18     Page 4, line 42, after ("local") insert ("probation") 
19     Page 5, line 2, after ("local") insert ("probation") 
20     Page 5, line 7, after ("local") insert ("probation") 
  
Clause 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
21     Page 5, line 24, after ("local") insert ("probation") 
  
Clause 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
22     Page 9, line 1, after ("local") insert ("probation") 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
23     Page 9, line 30, leave out subsection (2) 
24     Page 9, line 35, leave out ("or persons so employed") 
25     Page 9, line 37, leave out ("or person so employed") 
26     Page 9, line 40, leave out ("and chief probation officers") 
27     Page 9, line 40, leave out ("or appointed") 
  
Clause 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
28     Leave out Clause 22 
  
After Clause 32
 
  
BY THE BARONESS BLATCH
 
29     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; or
    (c)  the director of social services of a local authority.")
Reinstatement of disqualification order.
  
After Clause 33
 
  
BY THE LORD BASSAM OF BRIGHTON
 
30     Insert the following new Clause-- 
     ("  .--(1)  If it appears to a chief officer of police or a director of social services of a local authority that the conditions set out in subsection (2) are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.
 
    (2)  The conditions are that--
    (a)  a disqualification order made in respect of the individual is no longer in force, and
    (b)  the individual has acted in such a way (whether before or after the order ceased to be in force) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.
    (3)  An application under this section may be made at any time after the disqualification order ceased to be in force.
 
    (4)  If the High Court is satisfied that the conditions set out in subsection (2) are satisfied, it must order that the disqualification order is to be restored; otherwise it must dismiss the application.
 
    (5)  Where an order is made under this section, section 33 has effect with the following modifications--
    (a)  in subsection (3), the reference to the individual being under the age of 18 when he committed the offence against a child is to be read as a reference to his being under that age when the order under this section was made,
    (b)  in subsections (3)(a) and (4)(a), references to the relevant date are to be read as references to the date on which the order under this section was made,
    (c)  in subsection (5)(a), the reference to the individual's circumstances changing since the disqualification order was made is to be read as a reference to his circumstances changing since the order under this section was made.
    (6)  For the purposes of this section a disqualification order is no longer in force if a direction under section 32(3) has been given in respect of it and it is not restored by virtue of an order under this section.")
Restoration of disqualification order.
  
After Clause 37
 
  
BY THE LORD BASSAM OF BRIGHTON
 
31     Insert the following new Clause-- 
 ("Indecent conduct towards children 
     . In section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child), for "fourteen" there is substituted "sixteen".")Extension of offence: conduct towards 14 and 15 year olds.
32     Insert the following new Clause-- 
     ("  .--(1)  The Children and Young Persons Act (Northern Ireland) 1968 is amended as follows.
 
    (2)  At the end of section 22 (indecent conduct towards child) there is inserted--
        (2)  In this section "child" means a person under the age of seventeen."
    (3)  In section 180(1) (interpretation), in the definition of "child"--
    (a)  after ""child"" there is inserted ", except when used in section 22,", and
    (b)  at the end there is inserted "and, when used in section 22, has the meaning assigned to it by that section".")
Extension of corresponding Northern Ireland offence: conduct towards 14 to 16 year olds.
1960 c. 33.
  
After Clause 38
 
  
BY THE BARONESS BLATCH
 
33     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 communication to incite 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 electronic communication 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)  inciting a person he knows or has reason to believe is a child to meet with him with the intent of engaging in an act of gross indecency; 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 2(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).
 
    (5)  In this section, "electronic communication" has the meaning given by section 15 of the Electronic Communications Act 2000."")
Use of electronic communications to incite an act of gross indecency with a child.
34     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.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 ten 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)  Reference 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)."")
Indecent conduct towards children.
  
Clause 43
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
35     Page 26, leave out lines 15 to 27 
  
Clause 46
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
36     Page 28, leave out lines 1 to 9 
  
Clause 47
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
37     Page 31, leave out lines 8 to 17 
  
Clause 48
 
  
BY THE BARONESS BLATCH
THE EARL RUSSELL
 
38     Page 32, leave out lines 13 to 22 
  
Clause 52
 
  
BY THE LORD BASSAM OF BRIGHTON
 
39     Page 37, line 17, after ("local") insert ("probation") 
40     Page 37, line 22, after ("local") insert ("probation") 
41     Page 37, line 25, after ("local") insert ("probation") 
  
Clause 60
 
  
BY THE LORD BASSAM OF BRIGHTON
 
42     Page 44, line 6, after ("local") insert ("probation") 
 
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Prepared 8 November 2000