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

House of Lords

back to previous amendments

 

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)"
 

Clause 295

 

THE BARONESS SCOTLAND OF ASTHAL

238Page 169, line 5, at end insert—
"(   )  every local education authority any part of whose area falls within the relevant area,"
239Page 169, line 24, at end insert—
 ""local education authority" has the same meaning as in the Education Act 1996 (c. 56);"
 

Schedule 29

 

THE BARONESS GIBSON OF MARKET RASEN

239APage 342, line 13, leave out paragraph 10
 

Schedule 30

 

THE BARONESS SCOTLAND OF ASTHAL

240Page 344, line 9, at end insert—
"(da)  as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

241Page 348, line 13, leave out ", 6C"
 

Schedule 31

 

THE BARONESS SCOTLAND OF ASTHAL

242Page 361, line 2, column 2, at beginning insert—
  "Section 82(4A)(e)."
243Page 361, leave out line 11
244Page 361, line 34, leave out "12(1)" and insert ", 10(1), 12(1), 13"
245Page 363, line 32, after "90(2)," insert "102,"
246Page 363, line 34, after "187(2)" insert ", (3) and (5)"
247Page 372, line 17, at end insert—
 

"PART 9A
REPEALS RELATING TO AMENDMENTS OF PART 5 OF POLICE ACT 1997

 
  Short title and chapterExtent of repeal
 
  Police Act 1997 (c. 50)In section 115, subsections (3) to (5) and subsections (6C) to (6E).
  Section 120(3).
  In section 125, subsection (3) and, in subsection (4), the words "to which subsection (3) does not apply".
  Care Standards Act 2000(c. 14)Section 104(3)(a).
  In Schedule 4, paragraph 25(2)(a).
  Private Security Industry Act 2001 (c. 12)Section 21.
  Section 26(3)(a).
  Health and Social Care Act 2001 (c. 15)Section 19.
  Criminal Justice and Police Act 2001 (c. 16)Section 134(3) and (4).
  National Health Service Reform and Health Care Professions Act 2002 (c. 17)Section 42(7).
  In Schedule 2, paragraph 64.
  Education Act 2002 (c. 32)In Schedule 12, paragraph 15(2).
  In Schedule 13, paragraph 8(2)."
 

Clause 303

 

THE BARONESS SCOTLAND OF ASTHAL

248Page 173, line 6, leave out "Part 9 or 11 of this Act" and insert "any provision of this Act specified in subsection (1A)"
249Page 173, line 11, at end insert—
"(1A)  The provisions are—
(a)  in Part 1, sections 1, 3, 5 to 8, 10 and 11 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and
(b)  Parts 8, 9 and 11."
 

Clause 305

 

THE BARONESS SCOTLAND OF ASTHAL

250Page 173, line 36, at end insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species),"
251Page 173, line 38, leave out "and"
252Page 173, line 39, at end insert ", and
  "the repeal in Part 8 of Schedule 31 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 301 so far as relating to that repeal)."
 

Clause 306

 

THE BARONESS SCOTLAND OF ASTHAL

253Page 174, line 16, at end insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species);"
254Page 174, line 16, at end insert—
  "section 284;"
255Page 174, line 19, leave out "paragraph 19" and insert "paragraphs 19, 46 and 47"
256Page 174, line 22, at end insert—
  "section (Increase in penalties for offences under section 174 of the Road Traffic Act 1988);"
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

257Page 174, line 34, at end insert—
  "section 138;
  section (Increase in sentences for hate crimes);"
 

THE BARONESS SCOTLAND OF ASTHAL

258Page 175, line 12, at end insert—
"(   )  Part 2 of Schedule 3,"

 
back to previous page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
11 July 2003