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

House of Lords

back to previous amendments

 

Clause 199

 

THE LORD ADEBOWALE

186Page 117, line 35, after "psychologist" insert ", or other specified person having the necessary qualifications or experience,"
187Page 118, line 5, after "psychologist" insert ", or other specified person having the necessary qualifications or experience,"
 

Clause 200

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

188Page 118, line 23, leave out "by the responsible officer or"
189Page 118, line 26, leave out "may" and insert "shall"
190Page 118, line 44, at end insert "and not more than three years"
 

Clause 201

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

191Page 119, line 18, leave out from "requirement" to end of line 19 and insert "shall"
 

Clause 202

 

THE BARONESS WALMSLEY
THE LORD ADEBOWALE

192Page 120, line 7, leave out "may" and insert "shall"
193Page 120, line 9, leave out "may" and insert "shall"
 

Clause 203

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

194Page 121, line 29, at end insert "and not more than three years"
 

After Clause 203

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

195Insert the following new Clause—
  "
  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."
 

Clause 220

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

196Page 129, line 44, leave out "may" and insert "must"
197Page 129, line 45, at end insert ", and
(d)  in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation"
 

Schedule 13

 

THE BARONESS SCOTLAND OF ASTHAL

198Page 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

199Page 259, line 11, leave out paragraph 66
200Page 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

201Page 133, line 6, leave out "Part" and insert "Chapter"
202Page 133, line 7, leave out "Part" and insert "Chapter"
 

Clause 234

 

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

203Page 136, line 13, after "extradition" insert "and surrender"
 

Clause 236

 

THE BARONESS SCOTLAND OF ASTHAL

204Page 137, line 5, leave out "aged 18 or over"
205Page 138, line 11, leave out paragraph (a)
 

Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

206Page 140, line 1, after "include" insert—
"(i)"  
207Page 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."
208Page 140, line 36, after "subsection" insert "(2)(b)(ii) or"
 

Before Clause 254

 

THE LORD LLOYD OF BERWICK
THE LORD ACKNER

209Insert the following new Clause—
  "Amendment to Murder (Abolition of Death Penalty) Act 1965
  In section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 (c. 71) (abolition of death penalty for murder), for the word "sentenced" there is substituted "liable"."
 

Clause 254

 

THE LORD ACKNER

210*Page 147, line 23, leave out subsection (5)
 

THE LORD LLOYD OF BERWICK
THE LORD ACKNER

211Page 147, line 29, leave out subsection (6)
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE BARONESS LINKLATER OF BUTTERSTONE

212Page 147, line 29, at end insert—
"(7)  This section does not apply if the offender was under 18 when he committed the offence."
 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 254 stand part of the Bill.
 

Schedule 17

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Schedule 17 be the seventeenth Schedule to the Bill.
 

Clause 255

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 255 stand part of the Bill.
 

Clause 256

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 256 stand part of the Bill.
 

Clause 257

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 257 stand part of the Bill.
 

Clause 258

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 258 stand part of the Bill.
 

Clause 259

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 259 stand part of the Bill.
 

Clause 260

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 260 stand part of the Bill.
 

Clause 261

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 261 stand part of the Bill.
 

Clause 262

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 262 stand part of the Bill.
 

Schedule 20

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

213*Page 275, line 8, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
214*Page 275, line 36, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given."
215*Page 275, line 37, leave out from beginning to end of line 11 on page 276
216*Page 276, line 22, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
217*Page 277, line 4, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given"
218*Page 277, leave out lines 5 to 25
 

Schedule 21

 

THE BARONESS SCOTLAND OF ASTHAL

219Page 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)."
 

Schedule 24

 

THE BARONESS WALMSLEY

 The Baroness Walmsley gives notice of her intention to oppose the Question that Schedule 24 be the 24th Schedule to the Bill.
 

After Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

220Insert the following new Clause—
  "
(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)   Summarily (a)   6 months or the statutory maximum       or both
(b)   On indictment (b)   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 271

 

THE LORD ACKNER

221*Page 153, line 40, leave out from "that" to end of line 2 on page 154 and insert "in relation to all the circumstances relating to the offence or to the offender it would be unjust to do so."
 

Clause 279

 

THE BARONESS SCOTLAND OF ASTHAL

222Page 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)."
223Page 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

224Page 302, line 29, leave out paragraph 4
225Page 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).""
226Page 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.""
227Page 311, line 21, leave out "subsection 3(c)" and insert "in paragraph (c) of the definition of "conviction" in subsection (5)"
228Page 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"
229Page 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)"."
230Page 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
27 June 2003