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

House of Lords

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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."
 

Clause 281

 

THE BARONESS SCOTLAND OF ASTHAL

223APage 160, line 7, leave out "to 82" and insert "and 81"
 

Schedule 26

 

THE BARONESS SCOTLAND OF ASTHAL

224Page 302, line 29, leave out paragraph 4
224APage 305, leave out lines 23 to 36
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).""
225A*Page 308, line 42, at end insert—
 

"Repatriation of Prisoners Act 1984 (c. 47)

 39A      The Repatriation of Prisoners Act 1984 is amended as follows.
 39B      In section 2 (transfer out of the United Kingdom), in subsection (4)(b), for sub-paragraph (i) there is substituted—
"(i)  released on licence under section 28(5) of the Crime (Sentences) Act 1997 or under section 235 or 236 of the Criminal Justice Act 2003; or".
 39C      In section 3 (transfer into the United Kingdom), subsection (9) is omitted.
 39D   (1)   The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows in relation to prisoners repatriated to England and Wales.
(2)      In paragraph 2, for sub-paragraphs (1A) and (2) there is substituted—
"(2)      If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular part of a life sentence is concerned, be deemed to be increased by that period.
(3)      Where the prisoner's sentence is for a term of less than twelve months, Chapter 6 of Part 12 of the Criminal Justice Act 2003 shall apply as if the sentence were for a term of twelve months or more.
(4)      In this paragraph—
 "the enactments relating to release on licence" means section 28(5) and (7) of the Crime (Sentences) Act 1997 and Chapter 6 of Part 12 of the Criminal Justice Act 2003;
 "sentence", means the provision included in the warrant which is equivalent to sentence.".
(3)      Paragraph 3 is omitted."
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.""
226A*Page 311, line 17, at end insert—
 

"Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

 58A      In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)—
(a)  in subsection (1)—
(i)  in paragraph (a), sub-paragraph (i), and the succeeding "or", are omitted, and
(ii)  after paragraph (a) (ii) there is inserted "or
(iii)  subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the "1997 Act") apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 254(2) of, or paragraph 3(1)(a) of Schedule 18 to, the Criminal Justice Act 2003;", and
(iii)  for "28(2)(b) or 82A(2) or paragraph" there is substituted "82A(2), 28(2)(b) or 254(2) or paragraph 3(1)(a) or".
(b)  in subsection (5)(b)—
(i)  for "the Crime (Sentences) Act 1997" there is substituted "the 1997 Act", and
(ii)  after the words "Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)" there is inserted "section 254(2) of, or paragraph 3(1)(a) of Schedule 18 to, 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)"
227ZAPage 312, line 37, leave out from "for" to end of line 38 and insert ""a community punishment order" there is substituted "an unpaid work requirement""
227ZBPage 313, line 43, leave out from beginning to "subsection" and insert—
"(1)      Section 31(duration and conditions of licences) is amended as follows.
(2)      In subsection (3), for the words from "except" onwards there is substituted "except in accordance with recommendations of the Parole Board".
(3)      Subsection (4) is omitted.
(4)      In"
227ZCPage 313, line 45, at end insert—
    "68A   In section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted—
"(5)  Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction.""
227ZD*Page 313, line 45, at end insert—
 "68B   (1)   Schedule 1 (transfers of prisoners within the British Islands) is amended as follows.
(2)      In paragraph 6, after sub-paragraph (3) there is inserted—
"(4)      In this Part of this Schedule—
      "the 2003 Act" means the Criminal Justice Act 2003;
      "custody plus order" has the meaning given by section 174(4)       of that Act;
      "intermittent custody order" has the meaning given by section       176(2) of that Act."
(3)      In paragraph 8 (restricted transfers from England and Wales to Scotland)—
(a)  for sub-paragraph (2)(a) there is substituted—
"(a)  sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa)  sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab)  where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",
(b)  for sub-paragraph (4)(a) there is substituted—
"(a)  sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Scotland;
(aa)  sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Scotland;
(ab)  where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall also apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and", and
(c)  for sub-paragraphs (5) to (7) there is substituted—
"(5)      Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a relevant officer of such local authority as may be specified in the licence".
(4)      In paragraph 9 (restricted transfers from England and Wales to Northern Ireland)—
(a)  for sub-paragraph (2)(a) there is substituted—
"(a)  sections 232, 235, 237 to 241 and 243 to 249 of the 2003 Act (release on licence of fixed-term prisoners) or, as the case may require, sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 28 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa)  sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab)  where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",
(b)  for sub-paragraph (4)(a) there is substituted—
"(a)  sections 232, 239 to 241 and 243 to 249 of the 2003 Act (duration and conditions of licences for fixed-term prisoners) or, as the case may require, sections 103 and 104 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training orders) or sections 31 to 34 of this Act (life sentences) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(aa)  sections 62 and 64 of the Criminal Justice and Court Services Act 2000 (which relate to licence conditions) shall apply to him in place of the corresponding provisions of the law of Northern Ireland;
(ab)  where a custody plus order or intermittent custody order has effect in relation to him, the provisions of Chapters 3 and 4 of Part 12 of the 2003 Act relating to such orders shall apply to him (subject to Schedule (Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland) to that Act); and",
(c)  for sub-paragraphs (5) to (7) there is substituted—
"(5)      Section 31(2A) of this Act (conditions as to supervision after release), as applied by sub-paragraph (2) or (4) above, shall have effect as if for paragraphs (a) to (c) there were substituted the words "a probation appointed for or assigned to the petty sessions district within which the prisoner for the time being resides".
(5)      In paragraph 15 (unrestricted transfers: general provisions), sub-paragraph (5) is omitted."
227ZE*Page 313, line 45, at end insert—
 "68C      In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs 2 and 3 are omitted."
227ZF*Page 317, line 22, at beginning insert "the court is of the opinion"
227APage 317, line 25, at end insert—
 "93A      In section 106 (interaction of detention and training orders with sentences of detention in a young offender institution), subsections (2) and (3) are omitted."
227BPage 317, line 25, at end insert—
 "93B      After section 106 there is inserted—
"106AInteraction with sentences of detention
(1)      In this section—
  "the 2003 Act" means the Criminal Justice Act 2003;
  "sentence of detention" means—
(a)  a sentence of detention under section 91 above, or
(b)  a sentence of detention under section 219 of the 2003 Act (extended sentence for certain violent or sexual offences: persons under 18).
(2)      Where a court passes a sentence of detention in the case of an offender who is subject to a detention and training order, the sentence shall take effect as follows—
(a)  if the offender has at any time been released by virtue of subsection (2), (3), (4) or (5) of section 102 above, at the beginning of the day on which the sentence is passed, and
(b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of subsection (2), (3), (4) or (5) of section 102.
(3)      Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention, the order shall take effect as follows—
(a)  if the offender has at any time been released under Chapter 6 of Part 12 of the 2003 Act (release on licence of fixed-term prisoners), at the beginning of the day on which the order is made, and
(b)  if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Chapter.
(4)      Where an order under section 102(5) above is made in the case of a person in respect of whom a sentence of detention is to take effect as mentioned in subsection (2)(b) above, the order is to be expressed as an order that the period of detention attributable to the detention and training order is to end at the time determined under section 102(5)(a) or (b) above.
(5)      In determining for the purposes of subsection (3)(b) the time when an offender would otherwise be released under Chapter 6 of Part 12 of the 2003 Act, section 236 of that Act (power of Secretary of State to release prisoners on licence before he is required to do so) is to be disregarded.
(6)      Where by virtue of subsection (3)(b) above a detention and training order made in the case of a person who is subject to a sentence of detention under section 219 of the 2003 Act is to take effect at the time when he would otherwise be released under Chapter 6 of Part 12 of that Act, any direction by the Parole Board under subsection (2)(b) of section 237 of that Act in respect of him is to be expressed as a direction that the Board would, but for the detention and training order, have directed his release under that section.
(7)      Subject to subsection (9) below, where at any time an offender is subject concurrently—
(a)  to a detention and training order, and
(b)  to a sentence of detention,
  he shall be treated for the purposes of the provisions specified in subsection (8) below as if he were subject only to the sentence of detention.
(8)      Those provisions are—
(a)  sections 102 to 105 above,
(b)  section 92 above and section 226 of the 2003 Act (place of detention, etc.), and
(c)  Chapter 6 of Part 12 of the 2003 Act.
(9)      Nothing in subsection (7) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.""
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)."
230ZZAPage 329, line 3, at end insert—
 "111B   (1)   Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.
(2)      For subsection (3) there is substituted—
"(3)  In relation to a prisoner released under section 236 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 242 of that Act (curfew condition)."
(3)      In subsection (5) after paragraph (e) there is inserted ", and
(f)  a sentence of detention under section 217 or 219 of the Criminal Justice Act 2003"."

 
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7 October 2003