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

House of Lords

back to previous amendments

 

Clause 44

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

79Page 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

81Page 35, line 41, after "public" insert "or other shareholders"
82Page 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

84Page 36, line 16, after "applicant" insert "and each affected company"
85Page 36, line 41, at end insert "and each affected company"
86Page 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

91Page 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

92Insert 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

93Insert 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

94Insert 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 45

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

94AInsert the following new Clause—
  "Amendment 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) shall be amended as follows.
(   )  After subsection (5) there shall be inserted—
    "(5A)  The Secretary of State shall not confirm a local child curfew scheme unless he is satisfied that it will help to avoid disorder or to prevent the commission of offences by young persons.""
 

Clause 46

 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

94BPage 40, line 8, at end insert "; and
(   )  after "order" there shall be inserted "or the protection of children or young adults; and"
94CPage 40, line 14, at end insert—
"(3B)  Before making a local child curfew scheme, the authority or, (as the case may be) the chief officer of police, shall consider whether the making of such a scheme would be appropriate and necessary to protect public order or for the protection of children and young adults.""
94DPage 40, line 19, at end insert—
"(4B)  Before confirming a local child curfew scheme, the Secretary of State shall consider whether the making of such a scheme would be appropriate and necessary to protect public order or for the protection of children and young adults.""
 

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,"."
97Insert 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"."
 

Clause 47

 

THE LORD BASSAM OF BRIGHTON

98Page 40, line 37, at end insert—
"(2A)  In so far as subsection (2) has effect in relation to—
(a)  information that has been obtained under or by virtue of the provisions of Part 5 of the Fair Trading Act 1973 (c. 41) (mergers); or
(b)  information that has been obtained, for the purpose of facilitating the exercise by a relevant authority of functions under Part 5 of that Act, under or by virtue of the provisions of Part 8 of that Act ,
  that subsection shall have effect as if, in paragraphs (a) and (b), for "whether in the United Kingdom or elsewhere" there were substituted "in the United Kingdom"."
 

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

99Page 40, line 37, at end insert—
"(2A)  Information shall not be disclosed by virtue of this section except with the consent of the appropriate judicial authority."
 

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

100Page 40, line 37, at end insert—
"(   )  Disclosure of information under this section for overseas criminal proceedings or investigations shall only be permitted where the conduct in question to which the proposed disclosure of the information relates amounts to a criminal offence in both the United Kingdom and in the country of countries to which the information is to be disclosed.
(   )  Disclosure of information shall not be permitted where the information in question relates to an agreement or decision by an association of undertakings or concerted practice which may affect trade between Member States of the EU."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

101Page 40, line 38, leave out subsections (3) and (4)
 

THE LORD BASSAM OF BRIGHTON

102Page 41, line 8, at end insert—
"(5A)  In this section "relevant authority" means the Secretary of State, the Director General of Fair Trading or the Competition Commission."
 

Clause 48

 

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

103Page 41, line 14, after "(2)" insert ", (2A)"
104Page 41, line 23, after "47" insert "or 49"
105Page 41, line 24, leave out "that section" and insert "either of those sections"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

106Page 41, line 45, leave out subsection (4)
107Page 42, line 1, leave out paragraph (b)
108Page 42, line 33, leave out subsection (10)

 
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1 May 2001