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Amendments to the Criminal Justice and Police Bill

Criminal Justice and Police Bill


SECOND
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 13 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 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."
 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

32APage 7, line 22, at end insert—
"(   )  A local authority should only make an order where the conditions identified in subsection (2) are satisfied and in making an order should have particular regard to the frequency of occasions of alcohol-related disorder or crime in the area over the period starting 6 months before the decision is taken."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

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"
38Page 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;"
39Page 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"
39APage 9, line 20, at end insert—
    "(   )  A closure order may only be made on the grounds specified in subsection (1)(c) if the senior police officer has given notice to the licensee that he intends to make the order, and the licensee has failed to take appropriate action to quell the disturbance."
39BPage 10, line 11, after "practicable," insert "provided that the person given notice of the closure order has been given three hours notice to appear before them"
39CPage 10, line 13, at end insert—
    "(   )  The person given notice of the closure order and the holder of the licence (if different) shall be entitled to be heard upon the justices' consideration in accordance with subsection (2) whether to exercise their powers under subsection (3) of this section."
39DPage 10, leave out lines 17 to 19 and insert "make an order under section 188 of this Act"
40Page 10, line 20, after "order" insert "as regards opening or closing of the premises"
41Page 10, line 22, leave out from "In" to second "the" and insert "exercising their powers under subsection (3),"
41APage 11, line 16, after "a" insert "single"
41BPage 11, line 17, leave out "previous" and insert "initial"
42Page 15, leave out lines 7 to 28
43Page 15, line 19, after "faith;" insert—
"(   )  if the damages arise from disproportionate use of force;"
44Page 15, line 33, after "neglect" insert "or wilful omission"
44APage 16, line 5, after "to" insert "open and"
44BPage 16, line 7, leave out "not less than fourteen days"
44CPage 16, line 26, leave out ", or is supplied with,"
 

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

52Page 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

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

63Page 24, leave out lines 31 to 35
 

Clause 33

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

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

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

64APage 26, line 2, at end insert "; and
(   )  the court has determined that such an order would be appropriate and necessary in order to protect national security, public order, public health or morals or the rights and freedoms of others"
 

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

65Page 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.
 

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[Withdrawn]
 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

66APage 28, line 11, at end insert "; and
(   )  whether the order remains appropriate and necessary to protect national security, public order, public health or morals or the rights and freedoms of others"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

66BPage 28, line 12, leave out subsection (3)
 

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

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

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

67APage 28, line 23, after "made;" insert—
"(   )  whether the order remains appropriate and necessary to protect national security, public order, public health or morals or the rights and freedoms of others;"
 

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

68Insert 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

69Page 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"
71Page 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

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

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

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

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

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

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

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

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

76Page 33, line 43, after "any" insert "serious"
77Page 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

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

 
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©Parliamentary copyright 2001
1 May 2001