Criminal Justice and Police Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 34

 

THE LORD CARLISLE OF BUCKLOW

 The Lord Carlisle of Bucklow gives notice of his intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 35

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

66*Page 27, line 40, leave out subsection (1)
 

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

67*Page 28, line 15, after "grounds" insert ",   or grounds of a major change in the circumstances of that person,"
 

THE LORD CARLISLE OF BUCKLOW

 The Lord Carlisle of Bucklow gives notice of his intention to oppose the Question that Clause 35 stand part of the Bill.
 

Clause 36

 

THE LORD CARLISLE OF BUCKLOW

 The Lord Carlisle of Bucklow gives notice of his intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

THE LORD CARLISLE OF BUCKLOW

 The Lord Carlisle of Bucklow gives notice of his intention to oppose the Question that Clause 37 stand part of the Bill.
 

After Clause 37

 

THE LORD BASSAM OF BRIGHTON

68*Insert the following new Clause—
  "Permitting use of controlled drugs on premises
  For paragraph (d) of section 8 of the Misuse of Drugs Act 1971 (c. 38) (offence of knowingly permitting cannabis, cannabis resin or prepared opium to be smoked on premises) there shall be substituted—
    "(d)  administering or using a controlled drug which is unlawfully in any person's possession at or immediately before the time when it is administered or used.""
 

Clause 41

 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

69*Page 33, line 22, leave out "("the victim")" and insert "("the target")"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

70Page 33, line 22, at end insert "or any premises or land attached thereto"
71*Page 33, line 22, at end insert "or place of work or business or any premises that the victim habitually frequents"
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

72*Page 33, line 24, leave out "(by his presence or otherwise)"
 

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

73*Page 33, line 38, after "cause" insert "serious"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

74*Page 33, line 38, at end insert "or others"
 

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

75*Page 33, line 40, after "may" insert "reasonably"
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

76*Page 33, line 43, after "any" insert "serious"
77*Page 34, line 22, at end insert—
"(   )  It is a defence for the accused to prove that his conduct was reasonable."
 

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

78*Page 34, line 25, leave out from beginning to second "a"
 

Clause 44

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

79*Page 35, line 38, after "director," insert "shareholder,"
 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

80Page 35, line 39, after "company" insert "or a member of a limited liability partnership"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

81*Page 35, line 41, after "public" insert "or other shareholders"
82*Page 36, line 13, after "director," insert "shareholder,"
 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

83Page 36, line 14, after "representative," insert "or each limited liability partnership of which the individual is a director,"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

84*Page 36, line 16, after "applicant" insert "and each affected company"
85*Page 36, line 41, at end insert "and each affected company"
86*Page 37, line 2, after "registrar" insert "before or"
87Page 37, line 4, leave out "affected"
 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

88Page 37, line 9, at end insert—
"(c)  any regulations made under section 15 of the Limited Liability Partnerships Act 2000 (c. 12) which refer to the usual residential address of a member of a limited liability partnership shall have effect as if that were a reference to the address for the time being specified by the individual in relation to the limited liability partnership under section 723B(5) above or subsection (7) below"
89Page 37, line 44, after "representative" insert ",   or each limited liability partnership of which he becomes a member,"
90Page 38, line 17, at end insert—
    "(   )  In sections 723B and 723C, `limited liability partnership' means a partnership formed under the Limited Liability Partnerships Act 2000 (c. 12)."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

91*Page 38, line 46, at end insert—
"(   )  Any affected company which, after notification of a confidentiality order, discloses the usual residential address of the relevant individual or allows it to remain open to inspection, shall be guilty of an offence punishable by a fine not exceeding #5,000."
 

After Clause 44

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN
THE BARONESS HANHAM
THE LORD BASSAM OF BRIGHTON

92*Insert the following new Clause—
  "Placing of advertisement relating to prostitution
(1)  A person commits an offence if—
(a)  he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and
(b)  he does so with the intention that the advertisement should come to the attention of any other person or persons.
(2)  For the purposes of this section, an advertisement is an advertisement relating to prostitution if it—
(a)  is for the services of a prostitute, whether male or female; or
(b)  indicates that premises are premises at which such services are offered.
(3)  In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.
(4)  A person guilty of an offence under this section is liable 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 both.
(5)  In this section—
  "public telephone" means—
(a)  any telephone which is located in a public place and made available for use by the public, or a section of the public, and
(b)  where such a telephone is located in or on, or attached to, a kiosk, booth, acoustic hood, shelter or other structure, that structure; and
  "public place" means any place to which the public have or are permitted to have access, whether on payment or otherwise, other than—
(a)  any place to which children under the age of 16 years are not permitted to have access, whether by law or otherwise, and
(b)  any premises which are wholly or mainly used for residential purposes.
(6)  In section 24 of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant for arrestable offences), in subsection (2) (offences which are arrestable offences), after paragraph (c) insert—
"(ca)  an offence under section (Placing of advertisement relating to prostitution) of the Criminal Justice and Police Act 2001;"."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN
THE LORD BASSAM OF BRIGHTON

93*Insert the following new Clause—
  "
(1)  The Secretary of State may, by order, provide for section (Placing of advertisement relating to prostitution) to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.
(2)  In this section—
  "public structure" means any structure that—
(a)  is provided as an amenity for the use of the public or a section of the public, and
(b)  is located in a public place; and
  "public place" and "public telephone" have the same meaning as in section (Placing of advertisment relating to prostitution).
(3)  At any time when an order under this section has effect, the reference in section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) to an offence under section (Placing an advertisement relating to prostitution) of this Act shall be construed as including an offence under that section by virtue of the order.
(4)  The power to make an order under this section is exercisable by statutory instrument.
(5)  No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament."
 

Before Clause 45

 

THE BARONESS DAVID

94*Insert the following new Clause—
  "Repeal of s. 14 of the Crime and Disorder Act 1998
  Section 14 of the Crime and Disorder Act 1998 (c. 37) (local child curfew schemes) is repealed."
 

Clause 45

 

THE BARONESS DAVID

 The Baroness David gives notice of her intention to oppose the Question that Clause 45 stand part of the Bill.
 

After Clause 46

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

95Insert the following new Clause—
 "Indecent conduct: children
  Enticing a child to engage in indecent conduct
  In section 1(1) of the Indecency with Children Act 1960 (c. 33), after "incites" there is inserted "or entices"."
96Insert the following new Clause—
  "Power to release short-term prisoners on licence: exclusion
  In section 34A of the Criminal Justice Act 1991 (c. 53) (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted—
"(ba)  the sentence is for any of the following offences—
(i)  an offence under section 89 of the Police Act 1996 (c. 16) (assaulting, obstructing or resisting a constable);
(ii)  an offence under section 38 of the Offences against the Person Act 1861 (c. 100) (assault with intent to resist arrest);
(iii)  an offence of common assault or an offence under section 18, 20 or 47 of the Offences against the Person Act 1861 (wounding, causing grievous bodily harm and causing actual bodily harm) which was committed against a constable in the execution of his duty, any member of staff of the emergency services in the course of his duty or any member of staff of the National Health Service in the course of his duty,"."
97*Insert the following new Clause—
  "Offence of activity of using crack cocaine
  In section 8 of the Misuse of Drugs Act 1971 (c. 38) (occupiers etc. of premises to be punishable for permitting certain activities to take place there)—
(a)  in paragraph (c), after the word "opium" insert "or crack cocaine", and
(b)  in paragraph (d), for the words "or prepared opium" substitute ",   prepared opium or crack cocaine"."

 
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©Parliamentary copyright 2001
27 April 2001