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

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."
208Page 140, line 36, after "subsection" insert "(2)(b)(ii) or"
 

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 Lloyd of Berwick gives notice of his 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
212FPage 266, line 34, leave out paragraph (b)
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Schedule 17 be the seventeenth Schedule to the Bill.
 

Clause 255

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 255 stand part of the Bill.
 

Clause 256

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 256 stand part of the Bill.
 

Clause 257

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 257 stand part of the Bill.
 

Clause 258

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his 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 Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 259 stand part of the Bill.
 

Clause 260

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 260 stand part of the Bill.
 

Clause 261

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 261 stand part of the Bill.
 

Clause 262

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 262 stand part of the Bill.
 

Before Clause 263

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

212JInsert the following new Clause—
"Review of unduly lenient sentences (indecent photographs of children)
  Part IV of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) shall apply to any case in which sentence is passed on a person for any of the following offences—
(a)  offences under the Protection of Children Act 1978 (c. 37);
(b)  offences under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children);
(c)  offences under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child);
(d)  offences under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child);
(e)  attempting to commit, or inciting the commission of, any of the offences described in paragraphs (a) to (d)."
 

THE BARONESS BLATCH
THE BARONESS O'CATHAIN

212KInsert the following new Clause—
"Convicted child sex offenders: disqualification from working with children
(1)  The following is inserted after section 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children: juveniles)—
    "29ADisqualification from working with children: child sex offenders
    (1)  This section applies where an individual—
    (a)  is convicted of an offence against a child, and
    (b)  in consequence of the conviction for that offence he is ordered by any court to be subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 (c. 51).
    (2)  Where this section applies, the court must order the individual to be disqualified from working with children."
(2)  In section 30 of the Criminal Justice and Court Services Act 2000 (c. 43) (sections 28 and 29: supplemental) after the words "section 28 and 29" there is inserted "29A".
(3)  In section 33 of the Criminal Justice and Court Services Act 2000 (c. 43) (conditions for application under section 32) after subsection (2) there is inserted—
    "(3)  In relation to a disqualification order made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted.""
 

THE BARONESS BLATCH

212LInsert the following new Clause—
"Magistrates' courts: power to order disqualification from working with children
  In section 30 of the Criminal Justice and Court Services Act 2000 (c. 43), the words "magistrates' court" are inserted in the definition of "senior court" before the words "the Crown Court"."
212MInsert the following new Clause—
"Disqualification from working with children to be ordered where any custodial sentence imposed for offence against a child
  In section 30 of the Criminal Justice and Court Services Act 2000 (c. 43), the following words are omitted from the definition of "qualifying sentence"—
(a)  in each of paragraphs (a), (b), (e) and (f), the words "for a term of 12 months or more", and
(b)  in paragraph (d), the words "for a period of 12 months or more"."
 

Schedule 20

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

213Page 275, line 8, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
214Page 275, line 36, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given."
215Page 275, line 37, leave out from beginning to end of line 11 on page 276
216Page 276, line 22, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
217Page 277, line 4, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given"
218Page 277, leave out lines 5 to 25
 

Schedule 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

218APage 279, line 5, leave out paragraphs 16 and 17
 

THE BARONESS SCOTLAND OF ASTHAL

219Page 285, line 9, at end insert—
 

"Criminal Justice Act 1991 (c. 53)

 87A      An offence under section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)."
 

Schedule 24

 

THE BARONESS WALMSLEY

 The Baroness Walmsley gives notice of her intention to oppose the Question that Schedule 24 be the 24th Schedule to the Bill.
 

After Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

220Insert the following new Clause—
"Increase in penalties for offences under section 174 of the Road Traffic Act 1988
(1)  In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c.53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c.52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
(a)   Summarily (a)   6 months or the statutory maximum       or both
(b)   On indictment (b)   2 years or a fine or both."
(2)  Section 267(4) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3)  This section does not apply in relation to any offence committed before the commencement of this section."

 
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©Parliamentary copyright 2003
12 September 2003