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

House of Lords

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After Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

161Insert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(a)  at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
 

Clause 148

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.
 

Clause 152

 

THE BARONESS SCOTLAND OF ASTHAL

162Page 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"
163Page 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."
164Page 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

165Page 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."
166Page 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
THE BARONESS WALMSLEY

167Page 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

168Page 93, line 24, leave out from "to" to end of line 25 and insert "a fine not exceeding level 4 on the standard scale"
 

Clause 160

 

THE LORD ACKNER

169Page 95, line 37, leave out paragraph (c)
170Page 96, line 3, leave out subsection (4)
171Page 96, line 11, leave out subsection (5)
172Page 96, line 13, leave out subsection (6)
 

Clause 165

 

THE LORD ACKNER

173Page 98, line 44, at end insert—
"(   )  Nothing in subsection (1) shall fetter the judges' overriding discretion in the individual case to set the sentence he thinks is appropriate."
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

174Page 235, line 5, after "has" insert "effect"
175Page 237, line 22, leave out from "before" to "that" in line 23 and insert "a court in England and Wales"
176Page 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"
177Page 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

178Page 239, line 8, after "of" insert "the Secretary of State or"
179Page 239, line 26, after "offender" insert ", the Secretary of State"
 

Clause 192

 

THE BARONESS SCOTLAND OF ASTHAL

180Page 114, leave out line 22
 

Clause 198

 

THE LORD ADEBOWALE

181Page 116, line 37, after "periods)" insert "or under the direction of a specified person having the necessary qualifications or experience"
182Page 117, line 6, after "both)" insert "or under the direction of a specified person having the necessary qualifications or experience"
183Page 117, line 9, leave out "may" and insert "shall"
184Page 117, line 13, after "(c. 20) insert "and a specified person having the necessary qualifications or experience"
185Page 117, line 24, after "officer" insert "or the person specified as the person under whose direction the treatment is provided,"
 

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"
 

THE BARONESS SECCOMBE

190APage 119, line 1, leave out first "at" and insert "by"
190BPage 119, line 2, at end insert "or
(c)  treatment by or under the direction of such person or place, and at such intervals as may be so specified;"
190CPage 119, line 4, leave out "or (b)" and insert ", (b) or (c)"
 

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—
  "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."
 

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 ABBOTTS
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"

 
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11 July 2003