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

House of Lords

back to previous amendments

 

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)
 

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.""
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"."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
17 September 2003