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

House of Lords

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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)."
 

After Clause 283

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

230ZA*Insert the following new Clause—
  "Duty of probation officers to consult with magistrates
  It shall be the duty of the chief officer of each probation area to establish consultation arrangements with local magistrates' courts committees and local communities, to assist the probation service in the performance of its duties of reducing offending and supervising offenders in the community."
 

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)."
 

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);"
 

After Clause 298

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

239ZA*Insert the following new Clause—
  "Excluding the civil liability of the victims of crime
(1)  A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted.
(2)  Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3)  For the purpose of subsection (1) "victim" is defined as any person natural or corporate—
(a)  whose interests were affected or threatened by the relevant offender, or
(b)  who believed on reasonable grounds that their interests were affected or threatened by the relevant offender;
(c)  who was, at the time of the offence, a servant or agent of any person falling within paragraphs (a) or (b) and who either knew or reasonably believed that the person's interests were so affected or threatened by the relevant offender.
(4)  For the purpose of subsection (3) "interests" includes—
(a)  any proprietary interest;
(b)  a personal interest in avoiding physical injury.
(5)  For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender."

 
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©Parliamentary copyright 2003
15 July 2003