House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Criminal Justice and Police Bill

Criminal Justice and Police Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 26th April 2001, as follows—

Clauses 1 to 47
Schedule 1
Clauses 48 to 51
Schedule 2
Clauses 52 to 71
Schedule 3
Clauses 72 to 88
Schedule 4
Clauses 89 to 103
Schedule 5
Clauses 104 to 108
Schedule 6
Clauses 109 to 129
Schedule 7
Clauses 130 to 138
Schedule 8
Clause 139

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD McNALLY
THE LORD THOMAS OF GRESFORD
THE LORD PHILLIPS OF SUDBURY

1*Page 2, leave out lines 18 to 32
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

2Page 2, leave out lines 20 and 21
3Page 2, leave out lines 27 to 32
4Page 2, line 34, at end insert—
  "Section (Urination or defecation in a public place) of this ActUrination or defecation in a public place"
5Page 2, line 34, at end insert—
  "Paragraph 10(1) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30)Unlawful street trading"
6*Page 2, line 36, at end insert "provided that any offence designated by an entry added or amended by the Secretary of State shall be a criminal offence in respect of which the maximum penalty does not exceed level 3 on the standard scale or imprisonment for a term of three months or both"
 

Clause 2

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

7Page 3, line 3, leave out "has reason to believe" and insert "believes beyond reasonable doubt"
8Page 3, line 3, after "aged" insert "16 or over, or (in the case of a penalty offence which may only be committed by a person aged 18 or over) aged"
9*Page 3, line 7, at end insert "or produce his warrant card for inspection by the person to whom the notice is given"
10Page 3, line 8, leave out subsection (3)
11Page 3, line 11, after "penalty" insert "and in the case of a penalty offence under section 1(1) of the Criminal Damage Act 1971 (c. 48), compensation,"
12Page 3, line 13, leave out subsection (5)
13Page 3, line 15, at end insert—
"(6)  Any person who, in connection with the giving of a penalty notice by a constable under this section, knowingly or recklessly gives that constable relevant information which is false in any material particular shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7)  In subsection (6), "relevant information" means the name, address and date of birth of the person to whom the penalty notice is to be given."
 

Clause 3

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

14Page 3, line 21, at end insert—
"(   )  The Secretary of State may, in respect of a penalty offence contrary to section 1(1) of the Criminal Damage Act 1971 (c. 48), specify the amount of compensation for which a person may be liable."
 

THE LORD McNALLY
THE LORD THOMAS OF GRESFORD
THE LORD PHILLIPS OF SUDBURY

15*Page 3, line 26, leave out from "offence" to end of line and insert "to indicate clearly how the elements of the specific offence alleged are satisfied in a format compatible with section 9 of the Criminal Justice Act 1967 (c. 80);"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

16Page 3, line 29, at end insert "and, as the case may be, compensation"
 

Clause 6

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

17Page 4, line 23, leave out "issue guidance" and insert "by order issue a code of practice"
18Page 4, line 25, at end insert "and the constable's witness statement to be served therewith, including the form and length of such statement"
19Page 4, line 27, at end insert—
"(   )  about the account to be taken by constables of the means of a person to be served with a penalty notice to pay the penalty specified in the notice"
20*Page 4, line 27, at end insert—
"(   )  with a view to ensuring that a penalty notice is not issued when the alleged offence in question posed (or would have posed if committed) a considerable risk to the life, health or safety of any person, or a considerable risk of serious damage to property"
21Page 4, line 27, at end insert—
"(2)  In issuing guidance under subsection (1) the Secretary of State shall have regard to the need—
(a)  not to issue a penalty notice in circumstances where to do so would involve a significant risk of exacerbating the potential for disorder, and
(b)  to encourage and not to diminish the opportunity for the reparations and restorative justice."
 

Clause 7

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

22*Page 4, line 36, at end insert "by recorded delivery"
 

Clause 9

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

23Page 5, line 28, leave out "give" and insert "send"
24*Page 5, line 28, at end insert "at his last known address"
 

Clause 11

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

25Page 6, line 21, at end insert "and the Chief Constable of the Ministry of Defence Police;"
 

Clause 12

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

26Page 6, line 32, at end insert "and reasonably believes that their behaviour may lead to an offence"
27Page 7, line 2, leave out "he considers appropriate" and insert "the chief officer of police for that area has specified"
28Page 7, line 6, leave out subsection (5)
 

Clause 13

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

29Page 7, line 16, leave out paragraph (b) and insert—
"(b)  any area to which members of the public have or may gain access"
30Page 7, line 22, after "been" insert "or may be"
31Page 7, line 22, at end insert ", provided that a constable may lawfully exercise any of the powers in section 12 whether or not the place has been so designated if he reasonably believes the place of the offence is a public place"
32Page 7, line 22, at end insert—
"(2A)  An order under subsection (2) may only be made by a meeting of the full local authority."
33Page 7, line 25, at end insert—
"(   )  to specify that the order shall not apply to a particular area within a designated public place"
34Page 7, line 25, at end insert—
"(   )  to specify that the order shall apply at particular times, or on particular days, only"
35Page 7, line 25, at end insert—
"(   )  to specify that the order may be suspended for a period of not more than 48 hours by an officer or committee of the authority with the agreement of a superintendent of police"
 

After Clause 16

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

36Insert the following new Clause—
  "Urination or defecation in a public place
(1)  A person who urinates or defecates in a public place otherwise than by using a lavatory commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)  In this section, "public place" means any place in the open to which the public or any section of the public has access as of right or by virtue of express or implied permission."
 

Clause 17

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

37Page 9, line 12, after "of" insert "and related to"
38*Page 9, line 13, leave out from first "premises" to the end of line 14 and insert "and such disorder is likely to be facilitated or exacerbated by the relevant licensed premises remaining open;"
39*Page 9, line 15, leave out from "premises" to ";   or" in line 17 and insert "and such disorder is being, or is likely to be, facilitated or exacerbated by the relevant licensed premises remaining open"
40*Page 10, line 20, after "order" insert "as regards opening or closing of the premises"
41*Page 10, line 22, leave out from "In" to second "the" and insert "exercising their powers under subsection (3),"
42Page 15, leave out lines 7 to 28
43*Page 15, line 19, after "faith;" insert—
"(   )  if the damages arise from disproportionate use of force;"
44*Page 15, line 33, after "neglect" insert "or wilful omission"
 

Clause 19

 

THE LORD BASSAM OF BRIGHTON

45Page 17, line 3, after "being" insert ", or within the last 24 hours have been,"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

46Page 17, line 4, after "liquor" insert "or the supply or sale or offering to supply or sell any controlled drug"
 

THE LORD BASSAM OF BRIGHTON

47Page 17, line 8, after "being" insert ", or within the last 24 hours have been,"
48Page 17, line 13, leave out "being"
49Page 17, line 13, leave out from "premises" to end of line 16
50Page 17, line 27, leave out "being"
51Page 17, line 36, at end insert "or (as the case may be) does not recur"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

52*Page 17, line 37, after "cancelled" insert ",   and shall be cancelled if the circumstances set out in subsection (1) or (as the case may be) subsection (2) no longer apply,"
 

THE LORD BASSAM OF BRIGHTON

53Page 18, line 2, leave out "being"
 

Clause 22

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

54*Page 19, line 21, leave out "may make a certificate to the effect that" and insert "will, if"
55*Page 19, line 23, at end insert ",   make a certificate to that effect"
 

Clause 29

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

56Page 23, line 15, at end insert "or any item containing such liquor"
57Page 23, leave out line 16
 

Clause 30

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

58Page 23, line 29, after "for" insert "written"
59Page 23, line 29, after second "age" insert "or a prescribed card"
60Page 23, line 31, at end insert "or the card was obviously a forgery"
61Page 23, line 31, at end insert—
    "(   )  For the purposes of subsection (2) of this section a person shall be treated as having taken all reasonable steps to establish another person's age if he complies with guidance that the Secretary of State may issue about the use of proof of age cards.""
62Page 23, line 33, at end insert—
"(   )  The Secretary of State may by order prescribe a card or cards establishing the age of persons.
(   )  Such a power shall be exercisable by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 32

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

63*Page 24, leave out lines 31 to 35
 

Clause 33

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

64*Page 25, line 39, leave out subsection (1)
 

THE LORD McNALLY
THE LORD THOMAS OF GRESFORD
THE LORD PHILLIPS OF SUDBURY

65*Page 26, line 6, at end insert ",   and in so doing to have particular regard to the prospects of deterring re-offending by the imposition of such an order"
 

THE LORD CARLISLE OF BUCKLOW

 The Lord Carlisle of Bucklow gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill.

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2001
27 April 2001