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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]


 

Before Clause 135

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Commencement of Part 12: Certification of sufficient resources
  The Secretary of State may not make an order under section 305(3) bringing any provision of this Part into force until he has laid a certificate before both Houses of Parliament stating that he is satisfied that sufficient resources have been provided to enable the provisions of this Part that he proposes to bring into force in the order adequately to be given effect to in practice."
 

Clause 135

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 84, line 14, at end insert—
"(   )  ensuring offenders' awareness of the effects of crime on the victims of crime and the public,"
Page 84, line 17, at end insert new subsection (1A)—
"(1A)  In determining the weight to be given to each of the purposes in subsection (1) when dealing with an offender the court may have regard to any guidelines issued by the Council."
Page 84, line 17, at end insert—
"(   )  For the avoidance of doubt, the purposes of sentencing listed in subsection (1) are to have priority over the following provisions of this Chapter."
 

Clause 136

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 84, line 34, after "harm" insert "or distress"
Page 84, line 34, after "harm" insert "(whether to a victim, any other person affected by the offence, or to the public generally)"
Page 84, line 35, after first "caused" insert "(whether directly or indirectly)"
Page 85, line 13, after "so" insert "having regard to all the circumstances, including the circumstances in which the offender was tried and convicted outside the United Kingdom"
 

Clause 143

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 87, line 11, leave out "three" and insert "one"
Page 87, line 11, leave out "three" and insert "two"
 

Clause 145

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 88, line 20, leave out "the shortest" and insert "such"
 

Clause 154

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 92, line 16, leave out "14" and insert "12"
Page 92, line 17, leave out "may" and insert "must"
Page 92, line 19, leave out "Class A"
Page 93, leave out lines 1 and 2 and insert—
  ""specified drug" means a drug which is a specified Class A drug for the purposes of Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43) or which is specified by an order made by the Secretary of State."
 

Clause 165

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 98, line 40, leave out "have regard to" and insert "take into account"
 

Clause 167

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 99, line 21, leave out "to the offender" and insert "in open court"
Page 99, line 22, after "sentence" 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)"
Page 99, line 30, at end insert new subsection—
"(   )  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)."
Page 100, line 13, leave out subsection (4)
 

Clause 171

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 102, line 12, after "reviewed" insert "and amended"
Page 102, line 12, leave out "periodically" and insert "regularly"
Page 102, line 20, leave out subsection (3)
 

Clause 174

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 103, line 13, leave out "13" and insert "25"
 

Clause 176

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 105, line 14, leave out subsection (8)
 

Clause 216

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 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."
Page 127, line 17, after "(2)" insert "or (2A)"
 

Clause 220

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 129, line 42, leave out "may" and insert "must"
Page 129, line 44, leave out "may" and insert "must"
 

Clause 235

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 136, line 39, after "sentence" insert "(where that sentence is less than four years), or two-thirds of his sentence (in any other case)"
 

Clause 236

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 137, line 4, at beginning insert—
"(1)  In exercising his powers under this section the Secretary of State shall have regard to the matters specified in section 135(1)."
Page 137, line 6, after "of" insert "four years or more or a sentence of"
Page 137, line 9, leave out paragraph (b)
Page 137, line 11, at end insert new subsection—
"(   )  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."
Page 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,"
Page 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),"
Page 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,"
Page 137, line 23, at end insert—
"(   )  the sentence is for a term of fourteen years or more,"
Page 137, line 23, at end insert—
"(   )  the sentence is for a term of ten years or more,"
Page 137, line 23, at end insert—
"(   )  the sentence is for a term of seven years or more,"
Page 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),"
Page 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),"
Page 137, line 23, at end insert—
"(   )  the sentence is for a specified offence as defined in section 215(1),"
Page 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),"
 

Clause 254

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 147, line 5, after first "sentence" insert "for an offence committed before or after the commencement of this section"
Page 147, line 27, leave out "relating to offences in general"
Page 147, line 28, leave out from "case" to the end
 

Clause 259

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 148, line 40, leave out subsection (1)
Page 149, line 14, leave out subsection (7)
 

Before Clause 263

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Review of unduly lenient sentences (indecent photographs of children)
(1)  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 above."
 

Clause 271

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 154, line 33, leave out "21" and insert "18"
Page 154, line 35, leave out "21" and insert "18"
 

Clause 273

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 155, line 41, leave out "16" and insert "18"
Page 155, line 41, leave out "16" and insert "14"
 

Clause 305

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 173, line 42, at end insert—
  "section (Review of unduly lenient sentences (indecent photographs of children));"
 

Clause 306

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 174, line 35, at end insert—
  "section (Review of unduly lenient sentences (indecent photographs of children))."

 
 
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©Parliamentary copyright 2003
15 August 2003