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

House of Lords

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Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

205APage 139, line 37, after "(6)" insert "and section (Licence conditions on re-release of prisoner serving sentence of less than 12 months)"
206Page 140, line 1, after "include" insert—
"(i)"  
207Page 140, line 5, at end insert "and
(ii)  such other conditions of a kind prescribed for the purposes of this paragraph as the Secretary of State may for the time being consider to be necessary for the protection of the public and specify in the licence."
207APage 140, line 31, leave out from "licence" to end of line 32 and insert "at any time while a curfew condition required by section 242 is in force"
208Page 140, line 36, after "subsection" insert "(2)(b)(ii) or"
 

After Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

208AInsert the following new Clause—
  "
(1)  In relation to any licence under this Chapter which is granted to a prisoner serving one or more sentences of imprisonment of less than twelve months and no sentence of twelve months or more on his release in pursuance of a decision of the Board under section 243 or 245, subsections (2) and (3) apply instead of section 240(2).
(2)  The licence—
(a)  must include the standard conditions, and
(b)  may include—
(i)  any condition authorised by section 62 or 64 of the Criminal Justice and Court Services Act 2000 (c. 43), and
(ii)  such other conditions of a kind prescribed by the Secretary of State for the purposes of section 240(4)(b)(ii) as the Secretary of State may for the time being specify in the licence.
(3)  In exercising his powers under subsection (2)(b)(ii), the Secretary of State must have regard to the terms of the relevant court order.
(4)  In this section "the standard conditions" has the same meaning as in section 240."
 

Clause 243

 

THE BARONESS SCOTLAND OF ASTHAL

208BPage 141, line 42, at end insert—
"(4A)  In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 176(1)(b) in the intermittent custody order."
 

Clause 253

 

THE BARONESS SCOTLAND OF ASTHAL

208CPage 146, line 36, at end insert—
 ""intermittent custody prisoner" means a prisoner serving a sentence of imprisonment to which an intermittent custody order relates;"
 

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 BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

209APage 147, line 5, after first "sentence" insert "for an offence committed before or after the commencement of this section"
 

THE LORD ACKNER

210Page 147, line 23, leave out subsection (5)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

210APage 147, line 27, leave out "relating to offences in general"
210BPage 147, line 28, leave out from "case" to end
 

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
THE BARONESS STERN

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 BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

212APage 147, line 29, at end insert—
"(7)  The power in subsection (6) may only be exercised—
(a)  if the Secretary of State has proposed to the Sentencing Guidelines Council that the general principles set out in Schedule 17 should be revised by the Council, and
(b)  to give effect to definitive general principles issued by the Sentencing Guidelines Council.
(8)  Section 163(5) to (9) shall apply in the case of any proposal under subsection (7) as if the reference to "sentencing guidelines" in that section was a reference to the general principles set out in Schedule 17, except that the definitive general principles issued by the Sentencing Guidelines Council shall be of no effect until an order under subsection (6) that amends Schedule 17 to give effect to those general principles is made."
 

THE LORD LLOYD OF BERWICK
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 254 stand part of the Bill.
 

Schedule 17

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

212BPage 265, line 32, at end insert—
"(e)  the murder of a police officer or prison officer in the course of his duty,
(f)  a murder done for gain (such as murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death), or
(g)  a murder intended to obstruct or interfere with the course of justice."
212CPage 265, line 42, leave out paragraph (a)
212DPage 266, line 1, leave out paragraphs (c) and (d)
212EPage 266, line 11, leave out paragraph 6
212F[Withdrawn]
 

THE LORD ACKNER
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Schedule 17 be the seventeenth Schedule to the Bill.
 

Clause 255

 

THE LORD LLOYD OF BERWICK
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 255 stand part of the Bill.
 

Clause 256

 

THE BARONESS SCOTLAND OF ASTHAL

212FAPage 148, line 2, at end insert—
"(2)  In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—
    "(1ZA)  In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 254 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 262 of that Act) that is fixed by law."."
 

Clause 256

 

THE LORD LLOYD OF BERWICK
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 256 stand part of the Bill.
 

Clause 257

 

THE BARONESS SCOTLAND OF ASTHAL

212FBPage 148, line 12, at end insert—
"(2)  Each of the following sections (which relate to the review by the Courts-Martial Appeal Court of sentences passed by courts-martial)—
(a)  section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b)  section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
(c)  section 71AC of the Naval Discipline Act 1957 (c. 53),
  is amended as follows.
(3)  After subsection (3) there is inserted—
    "(3A)   Where a reference under this section relates to an order under subsection (2) of section 254 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Courts-Martial Appeal Court shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time."."
     

    Clause 257

     

    THE LORD LLOYD OF BERWICK
    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Clause 257 stand part of the Bill.
     

    Clause 258

     

    THE BARONESS SCOTLAND OF ASTHAL

    212FC*Page 148, line 15, leave out "a relevant order" and insert "one or more relevant orders"
    212FD*Page 148, line 29, leave out from beginning to "an" in line 30 and insert "in the case of an offence which appears to the court to be"
     

    THE LORD LLOYD OF BERWICK
    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Clause 258 stand part of the Bill.
     

    Clause 259

     

    THE BARONESS ANELAY OF ST JOHNS
    THE LORD KINGSLAND

    212GPage 148, line 40, leave out subsection (1)
    212HPage 149, line 14, leave out subsection (7)
     

    THE LORD LLOYD OF BERWICK
    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Clause 259 stand part of the Bill.
     

    Clause 260

     

    THE BARONESS SCOTLAND OF ASTHAL

    212HZA*Page 149, leave out lines 22 to 27 and insert—
    "(1A)  This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner's sentence is a reference to the part of the sentence specified in the order."
    212HZB*Page 149, line 28, after "(1B)(a)" insert—
    "(a)  for the words from the beginning to "applies" there is substituted "this section does not apply to him", and
    (b)"  
     

    THE LORD LLOYD OF BERWICK
    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Clause 260 stand part of the Bill.
     

    Clause 261

     

    THE LORD LLOYD OF BERWICK
    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Clause 261 stand part of the Bill.
     

    Schedule 18

     

    THE BARONESS SCOTLAND OF ASTHAL

    212HZC*Page 267, line 10, leave out "a mandatory life sentence" and insert "one or more mandatory life sentences"
    212HZD*Page 267, line 11, at end insert "(whether or not he is also serving any other sentence)"
    212HAPage 267, leave out lines 12 to 14 and insert—
     ""life sentence" means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;
     "mandatory life sentence" means a life sentence passed in circumstances where the sentence was fixed by law."
    212HB*Page 267, line 16, after "who" insert "in respect of any mandatory life sentence"
    212HC*Page 267, line 23, after "must" insert "in relation to the mandatory life sentence"
    212HD*Page 267, line 33, after "prisoner" insert "in respect of the sentence"
    212HE*Page 268, line 20, after "who" insert "in respect of any mandatory life sentence"
    212HF*Page 268, line 25, at end insert "in relation to the mandatory life sentence"
    212HG*Page 270, line 13, leave out paragraph 16 and insert—
     "16   (1)   In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.
    (2)      Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to—
    (a)  an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and
    (b)  an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.
    (3)      Any reference to the relevant part of the sentence is to be read—
    (a)  in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and
    (b)  in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).
    (4)      In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one—
    (a)  in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or
    (b)  in respect of which paragraph 3(3) applies.
     16A      In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of "life prisoner", the reference to a transferred prisoner as defined by section 258 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act."
     

    THE LORD DHOLAKIA
    THE LORD THOMAS OF GRESFORD

     The above-named Lords give notice of their intention to oppose the Question that Schedule 18 be the eighteenth Schedule to the Bill.

 
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©Parliamentary copyright 2003
7 October 2003