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Amendments to the Criminal Justice Bill

Criminal Justice Bill


EIGHTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 24th June 2003, as follows—

Clauses 135 to 172
Schedule 7
Clause 173
Schedule 8
Clauses 174 to 180
Schedule 9
Clauses 181 to 185
Schedule 10
Clauses 186 to 210
Schedule 11
Clauses 211 to 215
Schedule 12
Clauses 216 to 220
Schedules 13 and 14
Clause 221
Schedule 15
Clauses 222 to 230
Schedule 16
Clauses 231 to 254
Schedule 17
Clauses 255 to 261
Schedule 18
Clauses 262 and 263
Schedule 19
Clause 264
Schedule 20
Clause 265
Schedules 21 and 22
Clauses 266 to 268
Schedule 23
Clause 269
Schedule 24
Clauses 270 to 278
Schedule 25
Clauses 279 to 282
Schedule 26
Clauses 283 to 291
Schedule 27
Clauses 292 to 294
Schedule 28
Clauses 295 to 298
Schedule 29
Clauses 299 and 300
Schedule 30
Clause 301
Schedule 31
Clause 302
Schedule 32
Clauses 303 to 307

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 135

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

160BAA*Insert the following new Clause—
  "Judicial discretion in sentencing
  Judges shall have discretion in the determination of all sentences save for the offence of murder."
 

Clause 135

160BB[Withdrawn]
160BC[Withdrawn]
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

160BCA*Page 84, line 10, leave out subsection (1) and insert—
"(1)  When a court determines the sentence that shall be imposed on an offender, it shall take into consideration the following purposes of sentencing—
(a)  the punishment of offenders;
(b)  the reduction of crime (including its reduction by deterrence);
(c)  the reform and rehabilitation of offenders;
(d)  the protection of the public;
(e)  the making of reparation by offenders to the community and persons affected by their offences;
(f)  the maintenance of public confidence and the prevalence of the offence in question in the locality; and
(g)  ensuring offenders' awareness of the effects of crime on the victims of crime and the public."
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BCBPage 84, line 10, leave out from beginning to "the" in line 11 and insert "In determining what sentence to pass on an offender, the court must consider all of"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

160BCCPage 84, line 10, after "offender" insert "who is aged 18 or over"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BCDPage 84, line 12, leave out paragraph (a) and insert—
"(a)  the holding of offenders to account for their offences,"
160BD[Withdrawn]
160BE[Withdrawn]
160BF[Withdrawn]
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

160BFAPage 84, line 17, at end insert ", and
"(   )  the assistance with the treatment, reintegration and rehabilitation of offenders."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BG[Withdrawn]
160BH*Page 84, line 17, at end insert—
"(1B)  In determining the weight to be given to each of the purposes in subsection (1) when dealing with an offender, the court may have regard to any guidelines issued by the Sentencing Guidelines Council."
160BJ[Withdrawn]
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

160BJAPage 84, line 17, at end insert—
"(   )  Any court or youth offender panel dealing with a child who is aged under 18 at the time of conviction in respect of an offence must, in addition to having regard to section 37 of the Crime and Disorder Act 1998 (c. 37) (aims of the youth justice system), have regard to the welfare of the child as a primary consideration."
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BJBPage 84, line 17, at end insert—
"(   )  Any court dealing with an offender in respect of his offence must also have regard to the presumption that where there is a reasonable alternative, taking into account the factors outlined in subsection (1), a custodial sentence should only be imposed as a last resort."
160BJCPage 84, line 31, at end insert—
"(   )  The court is required to state the purpose or purposes of each sentence passed and how it expects the objective or objectives to be achieved."
160BJDPage 84, line 31, at end insert—
"(   )  Any sentence of the court must be commensurate with the seriousness of the offence, as stated in section 136(1)."
 

Clause 136

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BKPage 84, line 34, after "offence" insert "and all the surrounding circumstances"
160BLPage 84, line 34, after "harm" insert "or distress"
160BMPage 84, line 34, after "harm" insert "(whether to a victim, any other person affected by the offence, or to the public generally)"
160BNPage 84, line 35, after first "caused" insert "(whether directly or indirectly)"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BNAPage 84, line 36, leave out subsections (2) to (5)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BPPage 84, line 37, after "convictions" insert "or cautions"
160BQPage 84, line 37, leave out "must" and insert "may"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BQAPage 84, line 37, leave out "must" and insert "may, subject to subsection (2A),"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

160BQBPage 84, line 38, after "conviction" insert "for an offence committed by the offender when over the age of 18"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BQCPage 85, line 3, at end insert—
"(2A)  In considering the effect of previous convictions on the seriousness of the offence, the court must have regard to the principle that the severity of the sentence must be proportionate to the seriousness of the current offence."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BRPage 85, line 6, at end insert—
"(3A)  In determining the seriousness of any offence, the court may consider any other mitigating or aggravating factors as it considers appropriate to do so."
160BSPage 85, line 13, at end insert "having regard to all the circumstances, including the circumstances in which the offender was tried and convicted outside the United Kingdom"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160BSAPage 85, line 13, at end insert—
"(6)  Treatment of previous offending as an aggravating factor under subsection (2) is to be interpreted as permitting the imposition of a more demanding sentence within the band of community or custodial seriousness, but it does not permit—
(a)  a current offence that is, on its own, defined as "not serious enough" to warrant a community disposal to become suitable for a community sentence,
(b)  a current offence that, is, on its own, defines as "serious enough" to warrant a community disposal to become suitable for a custodial sentence, or
(c)  a current offence that is already "so serious" or defined in statute as requiring sentencers to pass a custodial sentence to increase the length of the custodial sentence that would otherwise be passed."
 

Clause 137

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BTPage 85, line 19, after "guilty" insert "or made a full admission to the police"
 

Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

160CPage 85, line 36, at end insert—
"(4)  The Secretary of State will collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."
 

After Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE LORD ALLI

161Insert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2), the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(a)  at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
 

After Clause 140

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

161AInsert the following new Clause—
  "
(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"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill.
 

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"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

161EAPage 88, line 7, at end insert—
"(   )  In considering whether to pass a custodial sentence under subsection (2), the court must take into account the impact of a custodial sentence on any dependent children for whom the offender is responsible."
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

161EBPage 88, line 14, at end insert—
"(4)  The overriding principle is for the court to reserve the use of custody for dangerous sexual and violent offenders and seriously persistent repeat offenders."

 
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©Parliamentary copyright 2003
3 October 2003