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

House of Lords

back to previous amendments

 

Clause 271

 

THE LORD ACKNER

221Page 153, line 40, leave out from "that" to end of line 2 on page 154 and insert "in relation to all the circumstances relating to the offence or to the offender it would be unjust to do so."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

221APage 154, line 33, leave out "21" and insert "18"
221BPage 154, line 35, leave out "21" and insert "18"
 

Clause 273

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

221CPage 155, line 41, leave out "16" and insert "18"
221DPage 155, line 41, leave out "16" and insert "14"
 

After Clause 276

 

THE BARONESS SCOTLAND OF ASTHAL

221EInsert the following new Clause—
"Duration of directions under Mental Health Act 1983 in relation to offenders
(1)  Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2)  In subsection (1), for "the expiration of that person's sentence" there is substituted "his release date".
(3)  For subsections (2) and (3) there is substituted—
    "(2)  A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
    (3)  In this section, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
    (a)  any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
    (b)  any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.""
221FInsert the following new Clause—
"Access to Parole Board for certain patients serving prison sentences
  In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients subject to restriction directions) after subsection (5) there is inserted—
    "(5A)  Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
    (a)  the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
    (b)  if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.""
221GInsert the following new Clause—
"Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
(1)  Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2)  In paragraph (1), for "the expiration of that person's sentence" there is substituted "his release date".
(3)  For paragraphs (2) and (3) there is substituted—
    "(2)  A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
    (3)  In this Article, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.""
221HInsert the following new Clause—
"Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
  In Article 79 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (restricted patients subject to restriction directions) after paragraph (5) there is inserted—
    "(5A)  Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
    (a)  the fact that the restriction direction remains in force does not prevent—
    (i)  the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
    (ii)  the making of any application by him to the Sentence Review Commissioners, and
    (b)  if—
    (i)  the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
    (ii)  the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
      the restriction direction shall cease to have effect at the time at which he would become so entitled.""
 

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."
 

Schedule 26

 

THE BARONESS SCOTLAND OF ASTHAL

224Page 302, line 29, leave out paragraph 4
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).""
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.""
227Page 311, line 21, leave out "subsection 3(c)" and insert "in paragraph (c) of the definition of "conviction" in subsection (5)"
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)."
 

After Clause 283

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

230ZAInsert the following new Clause—
"Duty of probation officers to consult with magistrates
  It shall be the duty of the chief officer of each probation area to establish consultation arrangements with local magistrates' courts committees and local communities, to assist the probation service in the performance of its duties of reducing offending and supervising offenders in the community."

 
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©Parliamentary copyright 2003
12 September 2003