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

House of Lords

back to previous amendments

 

Clause 167

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173CPage 99, line 21, leave out "to the offender" and insert "in open court"
173DPage 99, line 22, at end insert "(including any power or duty of the Secretary of State under any enactment to release an offender from custody before the expiration of a custodial sentence)"
173EPage 99, line 30, at end insert—
"(   )  Nothing in subsection (1) shall prevent the Lord Chief Justice from issuing a practice direction containing model wording for use in connection with subsection (1)."
173FPage 100, line 13, leave out subsection (4)
 

Clause 170

 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173FA*Page 102, line 8, at end insert—
"(   )  The court may make repeated use of a community order; and its use for previous offences does not, in itself, preclude it from consideration for the current offence."
173FB*Page 102, line 8, at end insert—
"(   )  When making a community order, the court must be satisfied that the requirements are necessary and proportionate to the seriousness of the offence, and give reasons as to why it is so satisfied."
 

Clause 171

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173GPage 102, line 12, after "reviewed" insert "and amended"
173HPage 102, line 12, leave out "periodically" and insert "regularly"
173JPage 102, line 20, leave out subsection (3)
 

Schedule 7

 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173JA*Page 224, line 8, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173KPage 224, line 13, leave out "and persistently"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173KA*Page 224, line 16, at end insert—
"(1A)  Where the magistrates' court is of the opinion that the failure to comply with the requirement or requirements is of a minor nature, it may take no further action."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173LPage 224, line 25, leave out "and persistently"
 

THE BARONESS SCOTLAND OF ASTHAL

173LAPage 225, line 8, leave out from "which" to end of line 9 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173LB*Page 225, line 10, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173MPage 225, line 14, leave out "and persistently"
 

THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD DHOLAKIA

173MA*Page 225, line 17, at end insert—
"(1A)  Where the magistrates' court is of the opinion that the failure to comply with the requirement or requirements is of a minor nature, it may take no further action."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

173NPage 225, line 26, leave out "and persistently"
 

THE BARONESS SCOTLAND OF ASTHAL

173PPage 226, line 40, leave out "relevant" and insert "community"
173QPage 227, line 3, leave out sub-paragraph (7)
173RPage 227, line 27, leave out from "which" to end of line 29 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
173SPage 228, line 22, at end insert—
"(   )  in relation to any community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,"
173TPage 229, line 2, leave out from "which" to end of line 3 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
173UPage 230, line 6, leave out from "to" to "that" in line 7 and insert "the appropriate court"
173VPage 230, line 10, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 16."
173WPage 231, line 15, leave out from first "which" to end of line 17 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
173XPage 231, line 24, after "paragraph" insert "13,"
173YPage 231, line 39, leave out "a relevant" and insert "the"
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

173ZPage 233, line 12, leave out "for"
173AAPage 234, line 3, leave out "Mental Health (Scotland) Act 1984" and insert "Mental Health (Care and Treatment) (Scotland) Act 2003"
173ABPage 234, line 37, leave out "for"
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"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177FAPage 103, line 25, at end insert—
"(10)  Custody plus should be imposed only when the court is clear that a full custodial sentence would be justified."
 

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"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177HAPage 104, line 17, at end insert—
"(6)  Where the court makes a custody plus order requiring the licence to be subject to a requirement or requirements, the court must give reasons why the requirement is considered appropriate and necessary."
 

Clause 176

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

177JAPage 105, line 21, at end insert—
"(10)  Intermittent custody should be imposed only when the court is clear that a full custodial sentence would be justified."
177JBPage 105, line 21, at end insert—
"(10)  Where the court makes an intermittent custody order subject to a requirement, the court must give reasons why the requirement is considered appropriate and necessary."
 

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 2 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)."
 

Clause 179

 

THE BARONESS SCOTLAND OF ASTHAL

177KAPage 106, line 11, leave out subsection (3)
177KBPage 106, leave out lines 17 to 21 and insert—
"(4A)  For the purposes of this section a person shall also be deemed to be unlawfully at large if, having being temporarily released in pursuance of an intermittent custody order made under section 176 of the Criminal Justice Act 2003, he remains at large at a time when, by reason of the expiry of the period for which he was temporarily released, he is liable to be detained in pursuance of his sentence."
 

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"
179ZAPage 239, line 44, after "offender" insert ", the Secretary of State"
 

Clause 181

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

179ZBPage 107, line 39, at end insert—
"(8)  A suspended sentence of imprisonment should be imposed only when the court is clear that a full custodial sentence would be justified."
 

Clause 182

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

179AAPage 108, line 32, at end insert—
"(6)  Where the court makes a suspended sentence order subject to a requirement the court must give reasons why the requirement is considered appropriate and necessary."
 

Schedule 10

 

THE BARONESS SCOTLAND OF ASTHAL

179ABPage 241, line 21, at end insert—
 

"Orders made on appeal

    2A   Where a suspended sentence order is made on appeal it is to be taken for the purposes of this Schedule to have been made by the Crown Court."
179ACPage 242, line 1, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179ADPage 242, line 15, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179AEPage 242, line 18, at end insert—
"(   )      This paragraph applies to—
(a)  a suspended sentence order made by a magistrates' court, or
(b)  any suspended sentence order which was made by the Crown Court and includes a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
179AFPage 242, line 19, leave out from "order" to "it" in line 20 and insert "to which this paragraph applies is in force"
179AGPage 242, line 38, at end insert—
"(   )      This paragraph applies to a suspended sentence order made by the Crown Court which does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
179AHPage 242, line 39, leave out from "order" to "it" in line 40 and insert "to which this paragraph applies is in force"
179AJPage 243, line 13, leave out "184(5)" and insert "184(6)"
179AKPage 243, line 37, leave out paragraphs (ii) and (iii) and insert—
"(ii)  subject to subsections (3) and (4) of section 181, extending the supervision period, or
(iii)  subject to subsection (3) of that section, extending the operational period."
179ALPage 244, line 4, at end insert—
"(6)      Where a suspended sentence order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) be required to deal with the offender under sub-paragraph (2)(a), (b) or (c) it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(7)      A magistrates' court which deals with an offender's case under sub-paragraph (6) must send to the Crown Court—
(a)  a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
(b)  such other particulars of the case as may be desirable;
  and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court."
179AMPage 244, line 4, at end insert—
"(8)      In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the suspended sentence order and any question whether the offender has been convicted of an offence committed during the operational period of the suspended sentence is to be determined by the court and not by the verdict of a jury."
179ANPage 244, line 15, leave out sub-paragraph (3)
179APPage 244, line 35, at end insert—
"(2)      A court may not under paragraph 7(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended."
179AQPage 245, line 3, leave out sub-paragraph (3)
179ARPage 245, line 37, leave out sub-paragraph (6)
179ASPage 246, line 6, leave out sub-paragraph (3)
179ATPage 246, line 11, leave out "made by the Crown Court" and insert "which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179AUPage 248, line 13, leave out from "to" to "that" in line 14 and insert "the appropriate court"
179AVPage 248, line 17, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 12."
179AWPage 248, line 21, at end insert—
"(2)      Sub-paragraph (1) does not apply to an application under paragraph 14 which—
(a)  relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
(b)  is made by the responsible officer with the consent of the offender."

 
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
3 October 2003