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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fifth Marshalled List]


 

Clause 163

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 97, line 30, leave out first "Council" and insert "Lord Chancellor in an order under subsection (10) or (14)"
Page 98, line 18, leave out from "appropriate" to end of line and insert "submit the draft guidelines to the Lord Chancellor who shall refer the draft guidelines to a joint committee of both Houses of Parliament ("the joint committee")."
Page 98, line 18, at end insert—
"(10)  If, at the end of the Parliamentary scrutiny period , the joint committee has not resolved that the draft guidelines should be referred back to the Council, the Lord Chancellor shall make an order issuing the draft guidelines as definitive guidelines.
(11)  If, during the Parliamentary scrutiny period, the joint committee resolves that the draft guidelines should be referred back to the Council, then the Lord Chancellor shall refer the draft guidelines back to the Council.
(12)  A resolution of the joint committee under subsection (11) shall specify the joint committee's reasons for resolving that the draft guidelines should be referred back to the Council, and the Council shall have regard to the joint committee's reasons when considering whether or not to make any amendment to the draft guidelines.
(13)  The provisions of subsection (9) to (12) shall apply when draft guidelines are referred back to the Council for the first or second time under subsection (11).
(14)  If draft guidelines are referred back to the Council for a third time under subsection (11) the Council may make any amendment of the draft guidelines which it considers appropriate, having regard to the joint committee's reasons given in its resolution, and shall submit the draft guidelines to the Lord Chancellor who shall make an order issuing the draft guidelines as definitive guidelines only if a draft of the order has been laid before and approved by a resolution of each House of Parliament.
(15)  In this section, "the Parliamentary scrutiny period" means the period of twenty-eight days following the day on which the guidelines were referred to the joint committee under subsection (9), provided that no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days."
 

Clause 165

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 99, line 2, leave out "Council" and insert "Lord Chancellor in an order"
Page 99, line 2, leave out "163(9)" and insert "163(10) or (14)"
 

Clause 254

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 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."
 

Schedule 17

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 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."
Page 265, line 42, leave out sub-sub-paragraph (a).
Page 266, line 1, leave out sub-sub-paragraphs (c) and (d)
Page 266, line 11, leave out paragraph 6
Page 266, line 34, leave out sub-paragraph (b)
 

Schedule 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 279, line 4, leave out paragraphs 16 and 17
 

Clause 299

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 171, line 13, after "section 161" insert "or 163"
Page 171, line 32, at end insert "section 163(14)"

 
 
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©Parliamentary copyright 2003
5 August 2003