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

House of Lords

back to previous amendments

 

After Clause 140

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161AInsert the following new Clause—
"Passing of deferred community sentence on offender already serving custodial sentence for another offence
(1)  This section applies when—
(a)  an offender is sentenced for an offence ("the current offence");
(b)  at the time when he is sentenced for the currrent offence, he is in custody and is serving a custodial sentence that was passed in respect of another offence ("the previous offence") or he is ordered by the court to be returned to custody to serve any part of such a custodial sentence; and
(c)  at the time when he is sentenced, the unexpired period of the custodial sentence passed in respect of the previous offence is 12 months or less.
(2)  When this section applies, the court may pass a community sentence on the offender in respect of the current offence if in the circumstances the court is of the opinion that it would have imposed such a sentence had the offender not been in custody and that, notwithstanding the fact that the offender is in custody, it is in the interests of justice for a community sentence to be imposed in respect of the current offence.
(3)  When this section applies and the court passes a community sentence in respect of the current offence the court shall order that the commencement of the community sentence is to be deferred until such time as the offender is released from custody."
 

Clause 141

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161BPage 86, line 32, leave out "may" and insert "must"
 

Clause 143

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161CPage 87, line 11, leave out "three" and insert "two"
161DPage 87, line 11, leave out "three" and insert "one"
 

Clause 144

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161EPage 88, line 6, leave out from "it," to end of line 7 and insert "is so serious that only a custodial sentence can be justified"
 

Clause 145

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161FPage 88, line 20, leave out "the shortest" and insert "such"
 

Clause 148

 

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

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

Clause 150

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161GPage 90, line 29, leave out "Subject to subsection (2),"
161HPage 90, line 32, leave out subsection (2)
 

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."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

163APage 91, line 32, leave out from "report" to second "to" and insert "may be given to him and"
 

THE BARONESS SCOTLAND OF ASTHAL

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

THE LORD ADEBOWALE
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 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

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

Clause 165

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

172PPage 98, line 40, leave out "have regard to" and insert "take into account"
 

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)"
 

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 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)

 
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12 September 2003