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

House of Lords

back to previous amendments

 

Schedule 7

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173KPage 224, line 13, leave out "and persistently"
173LPage 224, line 25, leave out "and persistently"
173MPage 225, line 14, leave out "and persistently"
173NPage 225, line 26, leave out "and persistently"
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

174Page 235, line 5, after "has" insert "effect"
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"
 

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"
 

Clause 176

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

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 II 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)."
 

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"
 

Clause 182

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

179APage 108, line 28, leave out "may" and insert "must"
 

Clause 190

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

179BPage 112, line 21, leave out "300" and insert "400"
 

Clause 191

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

179CPage 112, line 42, after "work" insert "for the benefit of the community"
 

Clause 192

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

179DPage 113, line 19, after "order" insert "for such number of hours and"
179EPage 113, line 38, leave out "60" and insert "100"
 

THE BARONESS SCOTLAND OF ASTHAL

180Page 114, leave out line 22
 

Clause 198

 

THE LORD ADEBOWALE

181Page 116, line 37, after "periods)" insert "or under the direction of a specified person having the necessary qualifications or experience"
182Page 117, line 6, after "both)" insert "or under the direction of a specified person having the necessary qualifications or experience"
183Page 117, line 9, leave out "may" and insert "shall"
184Page 117, line 13, after "(c. 20) insert "and a specified person having the necessary qualifications or experience"
185Page 117, line 24, after "officer" insert "or the person specified as the person under whose direction the treatment is provided,"
 

Clause 199

 

THE LORD ADEBOWALE

186Page 117, line 35, after "psychologist" insert ", or other specified person having the necessary qualifications or experience,"
187Page 118, line 5, after "psychologist" insert ", or other specified person having the necessary qualifications or experience,"
 

Clause 200

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

188Page 118, line 23, leave out "by the responsible officer or"
189Page 118, line 26, leave out "may" and insert "shall"
190Page 118, line 44, at end insert "and not more than three years"
 

THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

190APage 119, line 1, leave out first "at" and insert "by"
190BPage 119, line 2, at end insert "or
(c)  treatment by or under the direction of such person or place, and at such intervals as may be so specified;"
190CPage 119, line 4, leave out "or (b)" and insert ", (b) or (c)"
 

Clause 201

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

191Page 119, line 18, leave out from "requirement" to end of line 19 and insert "shall"
 

Clause 202

 

THE BARONESS WALMSLEY
THE LORD ADEBOWALE

192Page 120, line 7, leave out "may" and insert "shall"
193Page 120, line 9, leave out "may" and insert "shall"
 

Clause 203

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

194Page 121, line 29, at end insert "and not more than three years"
 

After Clause 203

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

195Insert the following new Clause—
"Guidance on mental health requirement, drug rehabilitation requirement, and alcohol treatment requirement
  For the purposes of sections 198 to 203, the Secretary of State shall issue guidance to courts responsible for community orders when deciding to introduce community orders that impose two or more requirements."
 

Clause 205

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195APage 122, line 18, leave out "36"
 

Clause 216

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195BPage 127, line 7, leave out from "a" to end of line 9 and insert "substantial risk of his committing further specified offences involving a significant risk of serious harm to members of the public"
195CPage 127, line 7, leave out "members of the public" and insert "any person or class of person"
195DPage 127, line 16, at end insert—
"(2A)  If the offence is one in respect of which the offender would, but for its repeal by this Act, have been sentenced to imprisonment for life or to custody for life by virtue of section 109 of the Sentencing Act (life sentence for second serious offence) the court must impose a sentence of imprisonment for life."
195EPage 127, line 17, after "(2)" insert "or (2A)"
 

Clause 218

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195FPage 128, line 31, leave out subsection (4)
 

Clause 219

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195GPage 129, line 20, leave out subsection (4)
 

Clause 220

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195HPage 129, line 42, leave out "may" and insert "must"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD KINGSLAND

196Page 129, line 44, leave out "may" and insert "must"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

197Page 129, line 45, at end insert ", and
(d)  in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation"
 

Schedule 13

 

THE BARONESS SCOTLAND OF ASTHAL

198Page 255, line 21, leave out from "Act" to end of line 22 and insert "(detention of woman in brothel or other premises)"
 

Schedule 14

 

THE BARONESS SCOTLAND OF ASTHAL

199Page 259, line 11, leave out paragraph 66
200Page 260, line 19, at end insert—
 "87A      An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).
 87B      An offence under Article 21 of that Order (indecent assault on a male)."
 

Clause 230

 

THE BARONESS SCOTLAND OF ASTHAL

201Page 133, line 6, leave out "Part" and insert "Chapter"
202Page 133, line 7, leave out "Part" and insert "Chapter"
 

Clause 234

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

203Page 136, line 13, after "extradition" insert "and surrender"
 

Clause 235

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

203APage 136, line 39, at end insert "(where that sentence is less than four years), or two-thirds of his sentence (in any other case)"
 

Clause 236

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

203BPage 137, line 3, at end insert—
"(   )  In exercising his powers under this section the Secretary of State shall have regard to the matters specified in section 135(1)."
 

THE BARONESS SCOTLAND OF ASTHAL

204Page 137, line 5, leave out "aged 18 or over"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

204APage 137, line 6, after "of" insert "four years or more or a sentence of"
204BPage 137, line 9, leave out paragraph (b)
204CPage 137, line 11, at end insert—
"(   )  When he releases a prisoner under subsection (1), the Secretary of State shall inform each person who appears to him to be a victim of any offence in respect of which the prisoner was sentenced of his decision to release the prisoner unless he is satisfied that exceptional circumstances exist which justify his not doing so."
204DPage 137, line 23, at end insert—
"(   )  the court has recommended to the Secretary of State that subsection (1) should not apply in the interests of justice,"
204EPage 137, line 23, at end insert—
"(   )  the sentence is for a term of seven years or more,"
204FPage 137, line 23, at end insert—
"(   )  the sentence is for a term of ten years or more,"
204GPage 137, line 23, at end insert—
"(   )  the sentence is for a term of fourteen years or more,"
204HPage 137, line 23, at end insert—
"(   )  the sentence is for an offence against a child within the meaning of Part II of the Criminal Justice and Court Services Act 2000 (c. 43) (protection of children),"
204JPage 137, line 23, at end insert—
"(   )  the sentence is for an offence under section 3, 4 or 5(3) of 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),"
204KPage 137, line 23, at end insert—
"(   )  the sentence is for a specified offence as defined in section 215(1),"
204LPage 137, line 23, at end insert—
"(   )  it appears to the Secretary of State that it is more likely than not that the prisoner will commit a further offence during the period in which he is released on licence under this section,"
204MPage 137, line 23, at end insert—
"(   )  the prisoner has on one or more previous occasions been released under this section or under section 34A of the Criminal Justice Act 1991 (c. 53) (power to release short-term prisoners on licence),"
204NPage 137, line 34, at end insert—
"(   )  the prisoner has on one or more previous occasions been released on licence under this section or under section 34A of the Criminal Justice Act 1991 (c. 53) (power to release short-term prisoners on licence) and has been recalled to prison under section 244 of this Act or under section 38A of the Criminal Justice Act 1991 (c. 53) (breach of curfew condition),"
 

THE BARONESS SCOTLAND OF ASTHAL

205Page 138, line 11, leave out paragraph (a)

 
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©Parliamentary copyright 2003
12 September 2003