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

House of Lords

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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

210Page 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 BARONESS LINKLATER OF BUTTERSTONE
THE EARL OF LISTOWEL

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

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

230AInsert 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)."

 
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©Parliamentary copyright 2003
11 July 2003