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Amendments to the Criminal Justice Bill

Criminal Justice Bill


NINTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 24th June 2003, as follows—

Clauses 148 to 172
Schedule 7
Clause 173
Schedule 8
Clauses 174 to 180
Schedule 9
Clauses 181 to 185
Schedule 10
Clauses 186 to 210
Schedule 11
Clauses 211 to 215
Schedule 12
Clauses 216 to 220
Schedules 13 and 14
Clause 221
Schedule 15
Clauses 222 to 230
Schedule 16
Clauses 231 to 254
Schedule 17
Clauses 255 to 261
Schedule 18
Clauses 262 and 263
Schedule 19
Clause 264
Schedule 20
Clause 265
Schedules 21 and 22
Clauses 266 to 268
Schedule 23
Clause 269
Schedule 24
Clauses 270 to 278
Schedule 25
Clauses 279 to 282
Schedule 26
Clauses 283 to 291
Schedule 27
Clauses 292 to 294
Schedule 28
Clauses 295 to 298
Schedule 29
Clauses 299 and 300
Schedule 30
Clause 301
Schedule 31
Clause 302
Schedule 32
Clauses 303 to 307

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 148

 

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

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

Clause 149

 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

161FDPage 89, line 40, leave out from "18" to first "the" in line 1 on page 90
 

Clause 150

 

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

161GPage 90, line 29, leave out "Subject to subsection (2),"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

161GAPage 90, line 30, after "disordered" insert "or mentally vulnerable"
161GBPage 90, line 31, after "passing" insert "a community sentence or"
 

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

161HPage 90, line 32, leave out subsection (2)
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

161JPage 90, line 34, after "passing" insert "a community sentence or"
161KPage 90, line 41, after "No" insert "community sentence or"
 

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."
163A[Withdrawn]
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 BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

166APage 92, line 16, leave out "14" and insert "12"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

166AAPage 92, line 16, leave out "14" and insert "18"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

166BPage 92, line 17, leave out "may" and insert "must"
166CPage 92, line 19, leave out "Class A"
 

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"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

167ZAPage 92, line 22, leave out "17" and insert "18"
167ZBPage 92, line 35, leave out "17" and insert "18"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

167APage 93, leave out lines 1 and 2 and insert—
 ""specified drug" means a drug which is a specified Class A drug for the purposes of Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43) (dealing with offenders) or which is specified by an order made by the Secretary of State"
 

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 BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

168APage 95, line 34, leave out from "members" to "appointed" in line 35
 

THE LORD ACKNER
THE BARONESS ANELAY OF ST JOHNS

169Page 95, line 37, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

169APage 95, line 40, leave out "judicial"
169BPage 96, line 1, leave out "judicial"
 

THE LORD ACKNER
THE BARONESS ANELAY OF ST JOHNS

170Page 96, line 3, leave out subsection (4)
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

170APage 96, line 10, at end insert—
"(f)  the rehabilitation of offenders, and
(g)  young offenders."
 

THE LORD ACKNER
THE BARONESS ANELAY OF ST JOHNS

171Page 96, line 11, leave out subsection (5)
172Page 96, line 13, leave out subsection (6)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

172APage 96, line 15, leave out "judicial members or non-judicial members" and insert "members of the Council appointed under subsection (1)(b)"
172BPage 96, line 18, leave out from "any" to "on" in line 19 and insert "member to act"
 

Clause 161

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

172CPage 96, line 24, leave out "judicial members and non-judicial"
172DPage 96, line 26, leave out "appropriate Minister" and insert "Lord Chancellor"
172EPage 96, line 26, leave out "judicial member or non-judicial"
172FPage 96, line 30, leave out subsection (2)
172GPage 96, line 35, leave out ", (6)"
172HPage 96, line 37, leave out "judicial"
172JPage 96, line 39, leave out "judicial"
172KPage 96, line 41, leave out subsection (5)
 

Clause 163

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

172LPage 97, line 30, leave out first "Council" and insert "Lord Chancellor in an order under subsection (10) or (14)"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

172LAPage 97, line 43, at end insert—
"(   )  the overriding principle to reserve the use of custody for dangerous and sexual and violent offenders and seriously persistent repeat offenders."
172LBPage 97, line 43, at end insert—
"(   )  the application of the principles contained in sections 136, 140, 144 and 145."
172LCPage 97, line 43, at end insert—
"(   )  the discriminatory impact of investigation, proceedings or sentencing against a defined group or groups of persons."
172LDPage 98, line 4, at end insert—
"(   )  the information provided under section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial and other purposes)."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

172MPage 98, line 18, leave out "issue the guidelines as definitive guidelines" and insert "submit the draft guidelines to the Lord Chancellor who shall refer the draft guidelines to a joint committee of both Houses of Parliament ("the joint committee")"
172NPage 98, line 18, at end insert—
"(10)  If, at the end of the Parliamentary scrutiny period, the joint committee has not resolved that the draft guidelines should be referred back to the Council, the Lord Chancellor shall make an order issuing the draft guidelines as definitive guidelines.
(11)  If, during the Parliamentary scrutiny period, the joint committee resolves that the draft guidelines should be referred back to the Council, the Lord Chancellor shall refer the draft guidelines back to the Council.
(12)  A resolution of the joint committee under subsection (11) shall specify the joint committee's reasons for resolving that the draft guidelines should be referred back to the Council, and the Council shall have regard to the joint committee's reasons when considering whether or not to make any amendment to the draft guidelines.
(13)  The provisions of subsections (9), (10) and (12) shall apply when draft guidelines are referred back to the Council for the first or second time under subsection (11).
(14)  If draft guidelines are referred back to the Council for a third time under subsection (11), the Council may make any amendment of the draft guidelines which it considers appropriate, having regard to the joint committee's reasons given in its resolution, and shall submit the draft guidelines to the Lord Chancellor who shall make an order issuing the draft guidelines as definitive guidelines only if a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(15)  In this section, "the parliamentary scrutiny period" means the period of forty-two days following the day on which the guidelines were referred to the joint committee under subsection (9), provided that no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days."
172P[Withdrawn]
 

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."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173APage 99, line 2, leave out "Council" and insert "Lord Chancellor in an order"
173BPage 99, line 2, leave out "163(9)" and insert "163(10) or (14)"

 
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©Parliamentary copyright 2003
7 October 2003