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Amendments to the Criminal Justice Bill

Criminal Justice Bill


TENTH
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—

Clause 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.

 

Clause 215

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

195AAPage 126, line 32, leave out "a specified offence" and insert "of a serious sexual or violent nature"
195ABPage 126, leave out line 38
 

Schedule 12

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

195ACPage 250, line 20, leave out paragraph 11
195ADPage 252, line 1, leave out paragraphs 43 to 46
 

Clause 216

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

195BPage 127, line 7, leave out from "a" to end of line 9 and insert "substantial risk of his committing further specified offences involving a significant risk of serious harm to members of the public"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195CPage 127, line 7, leave out "members of the public" and insert "any person or class of person"
195DPage 127, line 16, at end insert—
"(2A)  If the offence is one in respect of which the offender would, but for its repeal by this Act, have been sentenced to imprisonment for life or to custody for life by virtue of section 109 of the Sentencing Act (life sentence for second serious offence) the court must impose a sentence of imprisonment for life."
195EPage 127, line 17, after "(2)" insert "or (2A)"
 

Clause 218

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195FPage 128, line 31, leave out subsection (4)
 

Clause 219

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195GPage 129, line 20, leave out subsection (4)
 

Clause 220

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

195GAPage 129, line 34, leave out "significant" and insert "substantial"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

195HPage 129, line 42, leave out "may" and insert "must"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD KINGSLAND
THE LORD DHOLAKIA

196Page 129, line 44, leave out "may" and insert "must"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE BARONESS WALMSLEY

197Page 129, line 45, at end insert ", and
(d)  in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

197APage 130, line 3, leave out "relevant" and insert "serious"
197BPage 130, line 12, leave out subsection (4)
 

Schedule 13

 

THE BARONESS SCOTLAND OF ASTHAL

198Page 255, line 21, leave out from "Act" to end of line 22 and insert "(detention of woman in brothel or other premises)"
 

Schedule 14

 

THE BARONESS SCOTLAND OF ASTHAL

199Page 259, line 11, leave out paragraph 66
200Page 260, line 19, at end insert—
 "87A      An offence under Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).
 87B      An offence under Article 21 of that Order (indecent assault on a male)."
 

Clause 229

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

200APage 132, line 33, leave out "particular" and insert "reasonable"
 

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"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

202APage 133, line 26, leave out subsections (5) and (6)
 

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 SCOTLAND OF ASTHAL

203ZAPage 136, line 33, leave out from "(1)" to end of line 35 and insert "is subject to section (Restrictions on operation of section 235(1) in relation to intermittent custody prisoners)"
 

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)"
 

After Clause 235

 

THE BARONESS SCOTLAND OF ASTHAL

203AAInsert the following new Clause—
  "Restrictions on operation of section 235(1) in relation to intermittent custody prisoners
(1)  Where an intermittent custody prisoner returns to custody after being unlawfully at large within the meaning of section 49 of the Prison Act 1952 (c. 52) at any time during the currency of his sentence, section 235(1) does not apply until—
(a)  the relevant time (as defined in subsection (2)), or
(b)  if earlier, the date on which he has served in prison the number of custodial days required by the intermittent custody order.
(2)  In subsection (1)(a) "the relevant time" means—
(a)  in a case where, within the period of 72 hours beginning with the return to custody of the intermittent custody prisoner, the Secretary of State or the responsible officer has applied to the court for the amendment of the intermittent custody order under paragraph 6(1)(b) of Schedule 9, the date on which the application is withdrawn or determined, and
(b)  in any other case, the end of that 72 hour period.
(3)  Section 235(1) does not apply in relation to an intermittent custody prisoner at any time after he has been recalled under section 243, unless after his recall the Board has directed his further release on licence."
 

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."
 

THE BARONESS SCOTLAND OF ASTHAL

204CAPage 137, line 13, leave out "8" and insert "6"
204CBPage 137, line 15, leave out "6" and insert "4"
204CCPage 137, line 16, leave out "three-quarters" and insert "one-half"
204CDPage 137, line 18, leave out "56" and insert "42"
204CEPage 137, line 20, leave out "42" and insert "28"
204CFPage 137, line 21, leave out "three-quarters" and insert "one-half"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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),"
 

THE BARONESS SCOTLAND OF ASTHAL

204MAPage 137, line 34, at end insert—
"(ff)  the prisoner has been released on licence under this section during the currency of the sentence, and has been recalled to prison under section 244(1)(a),"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

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"

 
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©Parliamentary copyright 2003
13 October 2003