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

205APage 139, line 37, after "(6)" insert "and section (Licence conditions on re-release of prisoner serving sentence of less than 12 months)"
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."
207APage 140, line 31, leave out from "licence" to end of line 32 and insert "at any time while a curfew condition required by section 242 is in force"
208Page 140, line 36, after "subsection" insert "(2)(b)(ii) or"
 

After Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

208AInsert the following new Clause—
  "Licence conditions on re-release of prisoner serving sentence of less than          12 months
(1)  In relation to any licence under this Chapter which is granted to a prisoner serving one or more sentences of imprisonment of less than twelve months and no sentence of twelve months or more on his release in pursuance of a decision of the Board under section 243 or 245, subsections (2) and (3) apply instead of section 240(2).
(2)  The licence—
(a)  must include the standard conditions, and
(b)  may include—
(i)  any condition authorised by section 62 or 64 of the Criminal Justice and Court Services Act 2000 (c. 43), and
(ii)  such other conditions of a kind prescribed by the Secretary of State for the purposes of section 240(4)(b)(ii) as the Secretary of State may for the time being specify in the licence.
(3)  In exercising his powers under subsection (2)(b)(ii), the Secretary of State must have regard to the terms of the relevant court order.
(4)  In this section "the standard conditions" has the same meaning as in section 240."
 

Clause 243

 

THE BARONESS SCOTLAND OF ASTHAL

208BPage 141, line 42, at end insert—
"(4A)  In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 176(1)(b) in the intermittent custody order."
 

Clause 253

 

THE BARONESS SCOTLAND OF ASTHAL

208CPage 146, line 36, at end insert—
 ""intermittent custody prisoner" means a prisoner serving a sentence of imprisonment to which an intermittent custody order relates;"
 

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
212F[Withdrawn]
 

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 BARONESS SCOTLAND OF ASTHAL

212FAPage 148, line 2, at end insert—
"(2)  In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—
"(1ZA)  In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 254 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 262 of that Act) that is fixed by law."."
 

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 BARONESS SCOTLAND OF ASTHAL

212FBPage 148, line 12, at end insert—
"(2)  Each of the following sections (which relate to the review by the Courts-Martial Appeal Court of sentences passed by courts-martial)—
(a)  section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b)  section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
(c)  section 71AC of the Naval Discipline Act 1957 (c. 53),
  is amended as follows.
(3)  After subsection (3) there is inserted—
"(3A)   Where a reference under this section relates to an order under subsection (2) of section 254 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Courts-Martial Appeal Court shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time."."
 

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.
 

Schedule 18

 

THE BARONESS SCOTLAND OF ASTHAL

212HAPage 267, leave out lines 12 to 14 and insert—
 ""life sentence" means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;
 "mandatory life sentence" means a life sentence passed in circumstances where the sentence was fixed by law."
 

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"."

 
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©Parliamentary copyright 2003
3 October 2003