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

House of Lords

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Clause 262

 

THE LORD LLOYD OF BERWICK
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their 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"."
 

Schedule 20

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

213Page 275, line 8, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
214Page 275, line 36, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given."
215Page 275, line 37, leave out from beginning to end of line 11 on page 276
216Page 276, line 22, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory"
217Page 277, line 4, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given"
218Page 277, leave out lines 5 to 25
 

Schedule 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

218APage 279, line 5, leave out paragraphs 16 and 17
 

THE BARONESS SCOTLAND OF ASTHAL

218BPage 284, line 4, at end insert—
 

"Magistrates' Courts Act 1980 (c. 43)

    74A   An offence under section 84(3) of the Magistrates' Courts Act 1980 (making of false statement as to means)."
218CPage 284, line 12, leave out paragraph 77
219Page 285, line 9, at end insert—
 

"Criminal Justice Act 1991 (c. 53)

 87A      An offence under section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)."
 

Schedule 22

 

THE BARONESS SCOTLAND OF ASTHAL

219APage 291, line 2, leave out paragraph 28
219BPage 291, line 7, at end insert—
 

"British Nationality Act 1981 (c. 61)

    29A   In section 46 of the British Nationality Act 1981 (offences and proceedings), in subsection (1) for "three months" there is substituted "51 weeks"."
 

Clause 267

 

THE BARONESS SCOTLAND OF ASTHAL

219CPage 151, line 32, leave out from "exceeding" to end of line 41 and insert "12 months"
219DPage 152, leave out lines 4 to 8 and insert "12 months"
 

Clause 268

 

THE BARONESS SCOTLAND OF ASTHAL

219EPage 152, leave out lines 32 to 36 and insert "to 12 months"
 

Schedule 23

 

THE BARONESS SCOTLAND OF ASTHAL

219FPage 296, leave out lines 32 to 40 and insert "twelve months"
219GPage 297, leave out lines 25 to 33 and insert "twelve months"
219HPage 298, leave out lines 7 to 15 and insert "twelve months"
219JPage 298, leave out lines 28 to 36 and insert "twelve months"
 

Clause 269

 

THE BARONESS WALMSLEY

 The Baroness Walmsley gives notice of her intention to oppose the Question that Clause 269 stand part of the Bill.
 

Schedule 24

 

THE BARONESS WALMSLEY

 The Baroness Walmsley gives notice of her intention to oppose the Question that Schedule 24 be the twenty-fourth Schedule to the Bill.
 

Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

219KPage 153, line 23, at end insert—
"(4A)  Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (4B) and (4C).
(4B)  In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for "10 years" there is substituted "14 years".
(4C)  In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for "10 years" there is substituted "14 years"."
 

After Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

220Insert the following new Clause—
  "Increase in penalties for offences under section 174 of the Road Traffic Act 1988
(1)  In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
(a)   Summarily (a)   6 months or the statutory maximum       or both
(b)   On indictment (b)   2 years or a fine or both."
(2)  Section 267(4) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3)  This section does not apply in relation to any offence committed before the commencement of this section."
 

Clause 271

 

THE LORD ACKNER

221Page 153, line 40, leave out from "that" to end of line 2 on page 154 and insert "in relation to all the circumstances relating to the offence or to the offender it would be unjust to do so."
221A[Withdrawn]
221B[Withdrawn]
221C[Withdrawn]
221D[Withdrawn]
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 271 stand part of the Bill.
 

After Clause 276

 

THE BARONESS SCOTLAND OF ASTHAL

221EInsert the following new Clause—
  "Duration of directions under Mental Health Act 1983 in relation to offenders
(1)  Section 50 of the Mental Health Act 1983 (c. 20) (further provisions as to prisoners under sentence) is amended as follows.
(2)  In subsection (1), for "the expiration of that person's sentence" there is substituted "his release date".
(3)  For subsections (2) and (3) there is substituted—
    "(2)  A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
    (3)  In this section, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded—
    (a)  any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and
    (b)  any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution.""
221FInsert the following new Clause—
  "Access to Parole Board for certain patients serving prison sentences
  In section 74 of the Mental Health Act 1983 (c. 20) (restricted patients subject to restriction directions) after subsection (5) there is inserted—
    "(5A)  Where the tribunal have made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction—
    (a)  the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and
    (b)  if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released.""
221GInsert the following new Clause—
  "Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders
(1)  Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (further provisions as to prisoners under sentence) is amended as follows.
(2)  In paragraph (1), for "the expiration of that person's sentence" there is substituted "his release date".
(3)  For paragraphs (2) and (3) there is substituted—
    "(2)  A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date.
    (3)  In this Article, references to a person's release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given; and in determining that day any powers that would be exercisable by the Sentence Review Commissioners or the Life Sentence Review Commissioners if he were detained in such a prison or juvenile justice centre shall be disregarded.""
221HInsert the following new Clause—
  "Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients
  In Article 79 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (restricted patients subject to restriction directions) after paragraph (5) there is inserted—
    "(5A)  Where the tribunal have made a recommendation under paragraph (1)(b) in the case of a patient who is subject to a restriction direction—
    (a)  the fact that the restriction direction remains in force does not prevent—
    (i)  the making of any application or reference to the Life Sentence Review Commissioners by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to those Commissioners, or
    (ii)  the making of any application by him to the Sentence Review Commissioners, and
    (b)  if—
    (i)  the Life Sentence Review Commissioners give a direction by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or juvenile justice centre in which he might have been detained if the transfer direction had not been given, or
    (ii)  the Sentence Review Commissioners grant a declaration by virtue of which he would become so entitled,
      the restriction direction shall cease to have effect at the time at which he would become so entitled.""

 
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©Parliamentary copyright 2003
13 October 2003