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

House of Lords

back to previous amendments

 

Clause 167

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173CPage 99, line 21, leave out "to the offender" and insert "in open court"
173DPage 99, line 22, at end insert "(including any power or duty of the Secretary of State under any enactment to release an offender from custody before the expiration of a custodial sentence)"
173EPage 99, line 30, at end insert—
"(   )  Nothing in subsection (1) shall prevent the Lord Chief Justice from issuing a practice direction containing model wording for use in connection with subsection (1)."
173FPage 100, line 13, leave out subsection (4)
 

Clause 170

 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173FAPage 102, line 8, at end insert—
"(   )  The court may make repeated use of a community order; and its use for previous offences does not, in itself, preclude it from consideration for the current offence."
173FBPage 102, line 8, at end insert—
"(   )  When making a community order, the court must be satisfied that the requirements are necessary and proportionate to the seriousness of the offence, and give reasons as to why it is so satisfied."
 

Clause 171

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173GPage 102, line 12, after "reviewed" insert "and amended"
173HPage 102, line 12, leave out "periodically" and insert "regularly"
173JPage 102, line 20, leave out subsection (3)
 

Schedule 7

 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173JAPage 224, line 8, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173KPage 224, line 13, leave out "and persistently"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173KAPage 224, line 16, at end insert—
"(1A)  Where the magistrates' court is of the opinion that the failure to comply with the requirement or requirements is of a minor nature, it may take no further action."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173LPage 224, line 25, leave out "and persistently"
 

THE BARONESS SCOTLAND OF ASTHAL

173LAPage 225, line 8, leave out from "which" to end of line 9 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173LBPage 225, line 10, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173MPage 225, line 14, leave out "and persistently"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173MAPage 225, line 17, at end insert—
"(1A)  Where the magistrates' court is of the opinion that the failure to comply with the requirement or requirements is of a minor nature, it may take no further action."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173NPage 225, line 26, leave out "and persistently"
 

THE BARONESS SCOTLAND OF ASTHAL

173PPage 226, line 40, leave out "relevant" and insert "community"
173QPage 227, line 3, leave out sub-paragraph (7)
173RPage 227, line 27, leave out from "which" to end of line 29 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
173SPage 228, line 22, at end insert—
"(   )  in relation to any community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,"
173TPage 229, line 2, leave out from "which" to end of line 3 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
173UPage 230, line 6, leave out from "to" to "that" in line 7 and insert "the appropriate court"
173VPage 230, line 10, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 16."
173WPage 231, line 15, leave out from first "which" to end of line 17 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
173XPage 231, line 24, after "paragraph" insert "13,"
173YPage 231, line 39, leave out "a relevant" and insert "the"
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

173ZPage 233, line 12, leave out "for"
173ZA*Page 233, line 45, leave out paragraph (d) and insert—
"(d)  subsection (4) of section 209 (availability of arrangements in local area)."
173AAPage 234, line 3, leave out "Mental Health (Scotland) Act 1984" and insert "Mental Health (Care and Treatment) (Scotland) Act 2003"
173AAA*Page 234, line 4, at end insert—
"(5)      In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted."
173ABPage 234, line 37, leave out "for"
174Page 235, line 5, after "has" insert "effect"
174A*Page 235, line 16, leave out paragraph (d) and insert—
"(d)  subsection (4) of section 209 (availability of arrangements in local area)."
174B*Page 235, line 26, at end insert—
"(5)      In section 205 (attendance centre requirement), any reference to an attendance centre has effect as a reference to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160(N.I. 24).
(6)      In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted."
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"
 

Clause 174

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

177APage 102, line 32, leave out "Any power of a court to impose"
177BPage 102, line 33, leave out "on an offender"
177CPage 102, line 33, leave out "exercised" and insert "imposed by a court on an offender"
177DPage 103, line 13, leave out "13" and insert "25"
177EPage 103, line 19, leave out "65" and insert "102"
177FPage 103, line 20, leave out "26" and insert "51"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177FAPage 103, line 25, at end insert—
"(10)  Custody plus should be imposed only when the court is clear that a full custodial sentence would be justified."
 

Clause 175

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

177GPage 104, line 6, leave out paragraph (b)
177HPage 104, line 11, leave out "may" and insert "must"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177HAPage 104, line 17, at end insert—
"(6)  Where the court makes a custody plus order requiring the licence to be subject to a requirement or requirements, the court must give reasons why the requirement is considered appropriate and necessary."
 

Clause 176

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

177JPage 105, line 14, leave out subsection (8)
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177JAPage 105, line 21, at end insert—
"(10)  Intermittent custody should be imposed only when the court is clear that a full custodial sentence would be justified."
177JBPage 105, line 21, at end insert—
"(10)  Where the court makes an intermittent custody order subject to a requirement, the court must give reasons why the requirement is considered appropriate and necessary."
 

Clause 177

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

177KPage 105, line 26, at end insert—
"(1A)  The court may not make an intermittent custody order in respect of any offender who is subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 (c. 51).
(1B)  The court may not make an intermittent custody order in respect of any offender who is being sentenced for an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) (protection of children).
(1C)  The court may not make an intermittent custody order in respect of any offender who is being sentenced for an offence under section 3, 4, or 5(3) if the Misuse of Drugs Act 1971 (c. 38) (import, export, production, supply and possession with intent to supply of controlled drugs) committed in respect of a Class A drug (as defined in section 2 of that Act)."
 

Clause 179

 

THE BARONESS SCOTLAND OF ASTHAL

177KAPage 106, line 11, leave out subsection (3)
177KBPage 106, leave out lines 17 to 21 and insert—
    "(4A)  For the purposes of this section a person shall also be deemed to be unlawfully at large if, having being temporarily released in pursuance of an intermittent custody order made under section 176 of the Criminal Justice Act 2003, he remains at large at a time when, by reason of the expiry of the period for which he was temporarily released, he is liable to be detained in pursuance of his sentence."
 

After Clause 180

 

THE BARONESS SCOTLAND OF ASTHAL

177KC*Insert the following new Clause—
  "
  Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) shall have effect."
 

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"
179ZAPage 239, line 44, after "offender" insert ", the Secretary of State"
 

After Schedule 9

 

THE BARONESS SCOTLAND OF ASTHAL

179ZAA*Insert the following new Schedule—
 

"TRANSFER OF CUSTODY PLUS ORDERS AND INTERMITTENT CUSTODY ORDERS TO
SCOTLAND OR NORTHERN IRELAND
PART 1
INTRODUCTORY

 1      In this Schedule—
(a)  "the 1997 Act" means the Crime (Sentences) Act 1997 (c. 43), and
(b)  any reference to a requirement being imposed by, or included in a custody plus order or intermittent custody order is a reference to compliance with the requirement being required by the order to be a condition of a licence.
 

PART 2
SCOTLAND

 2   (1)   Where the court making a custody plus order is satisfied that the offender resides in Scotland, or will reside there during the licence period, the court may, subject to sub-paragraph (2), impose requirements that are to be complied with in Scotland and require the offender's compliance with the order to be supervised in accordance with arrangements made by the local authority in Scotland in whose area he resides or will reside.
(2)      The court may not make an order by virtue of this paragraph unless it appears to the court—
(a)  in the case of an order imposing a requirement mentioned in sub-paragraph (3), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing during the licence period, and that provision can be made for him to comply with the requirement under those arrangements, and
(b)  in any case, that suitable arrangements for supervising his compliance with the order can be made by the local authority in whose area he resides, or will be residing during the licence period.
(3)      The requirements referred to in sub-paragraph (2)(a) are—
(a)  an unpaid work requirement,
(b)  an activity requirement,
(c)  a programme requirement, and
(d)  an electronic monitoring requirement.
(4)      If an order has been made in accordance with this paragraph in relation to an offender but—
(a)  the Secretary of State decides not to make an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him, and
(b)  the offender has not applied under paragraph 22 of this Schedule for the amendment of the custody plus order or intermittent custody order,
  the Secretary of State must apply to the court under paragraph 22 of this Schedule for the amendment of the order.
 3      Where—
(a)  the appropriate court for the purposes of paragraph 4 of Schedule 9 (amendment by reason of change of residence) is satisfied that the offender in respect of whom a custody plus order or intermittent custody order is in force is residing in Scotland, or proposes to reside there during the licence period,
(b)  the Secretary of State has made, or has indicated his willingness to make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to the offender, and
(c)  it appears to the court that the conditions in paragraph 2(2)(a) and (b) are satisfied,
  the power of the court to amend the order under Schedule 9 includes power to amend it by requiring the requirements included in the order to be complied with in Scotland and the offender's compliance with them to be supervised in accordance with the arrangements referred to in paragraph 2(2)(b).
 4      A court may not by virtue of paragraph 2 or 3 require an attendance centre requirement to be complied with in Scotland.
 5      A custody plus order made in accordance with paragraph 2 or a custody plus order or intermittent order amended in accordance with paragraph 3 must—
(a)  specify the local authority area in which the offender resides or will reside during the licence period, and
(b)  require the local authority for that area to appoint or assign an officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
  and section 207 (petty sessions area to be specified) does not apply in relation to an order so made or amended.
 6   (1)   Where a court makes a custody plus order in accordance with paragraph 2 or amends a custody plus order or intermittent custody order in accordance with paragraph 3, the court must provide the relevant documents to—
(a)  the local authority for the area specified in the order, and
(b)  the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside;
  and paragraphs (b) to (d) of subsection (1) of section 210 (which relate to the provision of copies) do not apply in relation to an order so made or amended.
(2)      In this paragraph, "the relevant documents" means—
(a)  a copy of the order as made or amended, and
(b)  such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.
 7   (1)   In relation to the making of a custody plus order by virtue of paragraph 2, in relation to the amendment of a custody plus order or intermittent custody order by virtue of paragraph 3, and (except for the purposes of paragraph 22) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.
(2)      Any reference to the responsible officer has effect as a reference to the officer appointed or assigned under paragraph 5(b).
(3)      The following provisions are omitted—
(a)  subsection (7) of section 192 (activity requirement);
(b)  subsection (7) of section 193 (programme requirement);
(c)  subsection (4) of section 209 (availability of arrangements in local area).
(4)      In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted.
 8      In this Part of this Schedule "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act.

 
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©Parliamentary copyright 2003
7 October 2003