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

House of Lords

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Clause 152

 

THE BARONESS SCOTLAND OF ASTHAL

Page 91, leave out line 28 and insert—
"(   )  to the offender or his counsel or solicitor,
(   )  if the offender is aged under 18, to any parent or guardian of his who is present in court, and"
Page 91, line 31, leave out subsection (3) and insert—
"(3)  If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian."
Page 91, line 41, at end insert—
"(   )  In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a)  is in their care, or
(b)  is provided with accommodation by them in the exercise of any social services functions,
  references in this section to his parent or guardian are to be read as references to that authority.
(   )  In this section and section 153—
 "harm" has the same meaning as in section 31 of the Children Act 1989 (c. 41);
 "local authority" and "parental responsibility" have the same meanings as in that Act;
 "social services functions", in relation to a local authority, has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42)."
 

Clause 153

 

THE BARONESS SCOTLAND OF ASTHAL

Page 92, line 9, leave out "to the offender or his counsel or solicitor" and insert—
"(   )  to the offender or his counsel or solicitor, and
(   )  if the offender is aged under 18, to any parent or guardian of his who is present in court."
Page 92, line 11, leave out subsection (3) and insert—
"(3)  If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.
(4)  In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a)  is in their care, or
(b)  is provided with accommodation by them in the exercise of any social services functions,
  references in this section to his parent or guardian are to be read as references to that authority."
 

Clause 154

 

THE LORD ADEBOWALE

Page 92, line 19, at end insert "provided the court has reasonable grounds for believing that the person has a propensity to misuse Class A drugs and that the misuse by the person caused or contributed to the offence"
 

Clause 155

 

THE BARONESS SCOTLAND OF ASTHAL

Page 93, line 24, leave out from "to" to end of line 25 and insert "a fine not exceeding level 4 on the standard scale"
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

Page 235, line 5, after "has" insert "effect"
Page 237, line 22, leave out from "before" to "that" in line 23 and insert "a court in England and Wales"
Page 237, line 36, leave out from "that" to end of line 38 and insert "the conditions in paragraph 3(1)(a) and (b) are satisfied in relation to any requirement to be imposed".
Page 237, line 44, leave out "the court which made the community order" and insert "a court in England and Wales"
 

Schedule 9

 

THE BARONESS SCOTLAND OF ASTHAL

Page 239, line 8, after "of" insert "the Secretary of State or"
Page 239, line 26, after "offender" insert ", the Secretary of State"
 

Clause 192

 

THE BARONESS SCOTLAND OF ASTHAL

Page 114, leave out line 22
 

Clause 198

 

THE LORD ADEBOWALE

Page 116, line 37, after "periods)" insert "or under the direction of a specified person having the necessary qualifications or experience"
Page 117, line 6, after "both)" insert "or under the direction of a specified person having the necessary qualifications or experience"
Page 117, line 9, leave out "may" and insert "shall"
Page 117, line 13, after "(c. 20)" insert "and a specified person having the necessary qualifications or experience"
Page 117, line 24, after "his responsible officer" insert "or the person specified as the person under whose direction the treatment is provided,"
 

Clause 199

 

THE LORD ADEBOWALE

Page 117, line 35, after "psychologist" insert ", or other specified person having the necessary qualifications or experience,"
Page 118, line 5, after "psychologist" insert "or other specified person having the necessary qualifications or experience,"
 

Clause 200

 

THE LORD ADEBOWALE

Page 118, line 23, leave out "by the responsible officer or"
Page 118, line 26, leave out "may" and insert "shall"
Page 118, line 44, at end insert "and not more than three years"
 

Clause 201

 

THE LORD ADEBOWALE

Page 119, line 18, leave out from "requirement" to end of line 19 and insert "shall"
 

Clause 202

 

THE LORD ADEBOWALE

Page 120, line 7, leave out "may" and insert "shall"
Page 120, line 9, leave out "may" and insert "shall"
 

Clause 203

 

THE LORD ADEBOWALE

Page 121, line 29, at end insert "and not more than three years"
 

After Clause 203

 

THE LORD ADEBOWALE

Insert the following new Clause—
  "Guidance on mental health requirement, drug rehabilitation requirement, and alcohol treatment requirement
  For the purposes of sections 198 to 203, the Secretary of State shall issue guidance to courts responsible for community orders when deciding to introduce community orders that impose two or more requirements."
 

Schedule 13

 

THE BARONESS SCOTLAND OF ASTHAL

Page 255, line 21, leave out from "Act" to end of line 22 and insert "(detention of woman in brothel or other premises)"
 

Schedule 14

 

THE BARONESS SCOTLAND OF ASTHAL

Page 259, line 11, leave out paragraph 66
Page 260, line 19, at end insert—
    "87A   An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).
    87B   An offence under Article 21 of that Order (indecent assault on a male)."
 

Clause 230

 

THE BARONESS SCOTLAND OF ASTHAL

Page 133, line 6, leave out "Part" and insert "Chapter"
Page 133, line 7, leave out "Part" and insert "Chapter"
 

Clause 234

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 136, line 13, after "extradition" insert "and surrender"
 

Clause 236

 

THE BARONESS SCOTLAND OF ASTHAL

Page 137, line 5, leave out "aged 18 or over"
Page 138, line 11, leave out paragraph (a)
 

Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

Page 140, line 1, after "include" insert—
"(i)"  
Page 140, line 5, at end insert ", and
(ii)  such other conditions of a kind prescribed for the purposes of this paragraph as the Secretary of State may for the time being consider to be necessary for the protection of the public and specify in the licence."
Page 140, line 36, after "subsection" insert "(2)(b)(ii) or"
 

Schedule 21

 

THE BARONESS SCOTLAND OF ASTHAL

Page 285, line 9, at end insert—
 

"Criminal Justice Act 1991 (c. 53)

    87A   An offence under section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)."
 

After Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
        "Increase in penalties for offences under section 174 of the Road Traffic Act 1988
(1)  In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
                       "(a)      Summarily6 months or the statutory maximum or both
                       2 years or a fine or both."
(2)  Section 267(4) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3)  This section does not apply in relation to any offence committed before the commencement of this section."
 

Clause 279

 

THE BARONESS SCOTLAND OF ASTHAL

Page 159, line 22, leave out from "produce" to end of line 23 and insert—
"(a)  any such licence held by him together with its counterpart; or
(b)  in the case where he holds a Community licence (within the meaning of Part 3 of the Road Traffic Act 1988 (c. 52)), his Community licence and its counterpart (if any)."
Page 159, leave out lines 27 and 28 and insert—
 ""counterpart"—
(a)  in relation to a driving licence, has the meaning given in relation to such a licence by section 108(1) of that Act; and
(b)  in relation to a Community licence, has the meaning given by section 99B of that Act."
 

Schedule 26

 

THE BARONESS SCOTLAND OF ASTHAL

Page 302, line 29, leave out paragraph 4
Page 306, line 6, leave out from "from" to end of line 8 and insert ""to be dealt with" onwards there is substituted "or the Crown Court to be dealt with under—
    (a)  Part 2 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach of certain youth community orders), or
    (b)  Part 2 of Schedule 7 to the Criminal Justice Act 2003 (breach of requirement of community order).""
Page 309, line 8, leave out paragraph 42 and insert—
    "42   In section 36 (reviews of sentencing), in subsection (2), for the words from "erred in law" onwards there is substituted—
    "(a)  erred in law as to his powers of sentencing; or
    (b)  failed to impose a sentence required by—
    (i)  section 51A(2) of the Firearms Act 1968;
    (ii)  section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; or
    (iii)  any of sections 216 to 219 of the Criminal Justice Act 2003.""
    Page 311, line 21, leave out "subsection 3(c)" and insert "in paragraph (c) of the definition of "conviction" in subsection (5)"
    Page 328, line 39, leave out from beginning to "(loss" and insert—
        "109A   The Child Support, Pensions and Social Security Act 2000 is amended as follows.
     110   (1)   Section 62"
    Page 329, line 1, at end insert—
        "110A   In section 64 (information provision), in subsection (6)(a), after "community orders" there is inserted "(as defined by section 170 of the Criminal Justice Act 2003)"."
    Page 329, line 3, at end insert—
        "111A   In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—
    (a)  in paragraph (a), after "community orders" there is inserted "(as defined by section 170 of the Criminal Justice Act 2003)", and
    (b)  after paragraph (c) there is inserted—
      "(d)  giving effect to suspended sentence orders (as defined by section 181 of the Criminal Justice Act 2003)."

 
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©Parliamentary copyright 2003
24 June 2003