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

House of Lords

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Schedule 20

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

213Page 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"
214Page 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."
215Page 275, line 37, leave out from beginning to end of line 11 on page 276
216Page 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"
217Page 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"
218Page 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—
  "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)   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

221Page 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)."
 

Before Clause 284

 

THE LORD DUBS

230A*Insert the following new Clause—
  "Preserved powers of arrest: Northern Ireland
  In Schedule 2 to the Police and Criminal Evidence (Northern Ireland) Order 1989, at the end there shall be inserted—
  "Section 103(1) to (3) of the Road Traffic Act 1988 as amended by section 49(1) of the Police Reform Act 2002.""
 

Clause 284

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 284 stand part of the Bill.
 

After Clause 284

 

THE BARONESS SCOTLAND OF ASTHAL

231Insert the following new Clause—
  "Enforcement of regulations implementing Community legislation on endangered species
(1)  In this section—
 "the 1972 Act" means the European Communities Act 1972 (c. 68);
 "relevant Community instrument" means—
(a)  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
(b)  Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2)  Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
(3)  In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
(4)  In Scotland, a constable may arrest without a warrant a person—
(a)  who has committed or attempted to commit an offence under regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument, or
(b)  whom he has reasonable grounds for suspecting to have committed or to have attempted to commit such an offence.
(5)  Until the coming into force of paragraph 3 of Schedule 23 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a)  with the omission of the words "in relation to Scotland and Northern Ireland", and
(b)  as if, in relation to England and Wales, the definition of "relevant Community instrument" also included Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC.
(6)  Any reference in this section to a Community instrument is to be read—
(a)  as a reference to that instrument as amended from time to time, and
(b)  where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment)."
 

After Clause 289

 

THE BARONESS GOULD OF POTTERNEWTON
THE BARONESS WHITAKER

232Insert the following new Clause—
  "Joint and several liability for serious injury or death of a child
(1)  When a child aged under sixteen suffers serious harm or death deriving from ill-treatment, whilst it is with two or more people, at least one of whom has responsibility for it, and the death or injury must have been caused by one or more than one of those people, all of those people shall be guilty of an offence of failing to protect the child and shall be liable on conviction to imprisonment for a term not exceeding 14 years.
(2)  Serious harm deriving from ill-treatment will be established where the child is the victim of an offence of—
(a)  murder;
(b)  manslaughter;
(c)  assault under section 18 or 20 of the Offences Against the Persons Act 1861 (c. 100);
(d)  rape; or
(e)  indecent assault.
(3)  It is a defence to a charge under subsection (1) if a defendant shows that he did all that it was reasonably practical to do, in the circumstances, at the time of the serious harm deriving from ill-treatment.
(4)  In a trial for an offence under subsection (1), any decision whether or not there is a case for any defendant to answer shall not be taken by the judge before the end of the defence case."
 

After Clause 294

 

THE BARONESS WALMSLEY

233Insert the following new Clause—
  "Principles of the youth justice system
  For section 37(2) of the Crime and Disorder Act 1998 there is substituted—
"(2)  The youth justice system shall also have regard to the following principles—
(a)  the welfare of the child shall be the paramount consideration;
(b)  deprivation of liberty should only be used as a measure of last resort and for the shortest possible time;
(c)  any decisions must be made in the best interests of the child.
(3)  In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to the aim and principles.""
 

Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

234Page 338, leave out lines 4 and 5 and insert—
"(2)      A parenting order is an order which requires the parent—
(a)  to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
(b)  subject to sub-paragraph (3A) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer."
235Page 338, line 6, leave out from "under" to "are" in line 7 and insert "sub-paragraph (2)(a) above"
236Page 338, line 9, at end insert—
"(3A)      A parenting order under this paragraph may, but need not, include a requirement mentioned in subsection (2)(b) above in any case where a parenting order under this paragraph or any other enactment has been made in respect of the parent on a previous occasion.
(3B)      A counselling or guidance programme which a parent is required to attend by virtue of subsection (2)(b) above may be or include a residential course but only if the court is satisfied—
(a)  that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the commission of any further offence by the offender, and
(b)  that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances."
237Page 338, line 14, leave out "(5)"

 
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4 July 2003