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Amendments to the Criminal Justice Bill

Criminal Justice Bill


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


 

Clause 135

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 84, line 10, leave out from beginning to "the" in line 11 and insert "In determining what sentence to pass on an offender, the court must consider all of"
Page 84, line 12, leave out paragraph (a) and insert—
"(a)  the holding of offenders to account for their offences,"
Page 84, line 17, at end insert—
"(1A)  Any court dealing with an offender in respect of his offence must also have regard to the presumption that where there is a reasonable alternative, taking into account the factors outlined in subsection (1), a custodial sentence should only be imposed as a last resort."
Page 84, line 31, at end insert—
"(4)  The court is required to state the purpose or purposes of each sentence passed and how it expects the objective or objectives to be achieved."
Page 84, line 31, at end insert—
"(   )  Any sentence of the court must be commensurate with the seriousness of the offence, as stated in section 136(1)."
 

Clause 136

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 84, line 36, leave out subsections (2) to (5)
Page 84, line 37, leave out "must" and insert "may, subject to subsection (2A),"
 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

Page 84, line 38, after "conviction", insert "for an offence committed by the offender when over the age of 18"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 85, line 3, at end insert—
"(2A)  In considering the effect of previous convictions on the seriousness of the offence the court must have regard to the principle that the severity of the sentence must be proportionate to the seriousness of the current offence."
Page 85, line 13, at end insert—
"(6)  Treatment of previous offending as an aggravating factor under subsection (2) above is to be interpreted as permitting the imposition of a more demanding sentence within the band of community or custodial seriousness, but it does not permit—
(a)  a current offence that is, on its own, defined as "not serious enough" to warrant a community disposal to become suitable for a community sentence,
(b)  a current offence that, is, on its own, defines as "serious enough" to warrant a community disposal to become suitable for a custodial sentence, or
(c)  a current offence that is already "so serious" or defined in statute as requiring sentencers to pass a custodial sentence to increase the length of the custodial sentence that would otherwise be passed.""
 

Clause 143

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 143 stand part of the Bill.
 

Clause 144

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 88, line 14, at end insert—
"(4)  The overriding principle is for the court to reserve the use of custody for dangerous sexual and violent offenders and seriously persistent repeat offenders."
 

Clause 146

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 88, line 27, leave out "12 months" and insert "51 weeks"
Page 89, line 3, at end insert—
"(8)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 174 and 175."
 

Clause 147

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 89, line 10, at end insert—
"(5)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 174 and 175."
 

Clause 148

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 148 stand part of the Bill.
 

Schedule 7

 

THE BARONESS SCOTLAND OF ASTHAL

Page 225, line 8, leave out from "which" to end of line 9 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
Page 226, line 40, leave out "relevant" and insert "community"
Page 227, line 3, leave out sub-paragraph (7)
Page 227, line 27, leave out from "which" to end of line 29 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
Page 228, line 22, at end insert—
"(   )  in relation to any community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,"
Page 229, line 2, leave out from "which" to end of line 3 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made."
Page 230, line 6, leave out "a magistrates' court acting for the petty sessions area concerned" and insert "the appropriate court"
Page 230, line 10, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 16."
Page 231, line 15, leave out from first "which" to end of line 17 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made;"
Page 231, line 24, after "paragraph" insert "13,"
Page 231, line 39, leave out "a relevant" and insert "the"
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

Page 233, line 12, leave out "for"
Page 234, line 3, leave out "Mental Health (Scotland) Act 1984" and insert "Mental Health (Care and Treatment) (Scotland) Act 2003".
Page 234, line 37, leave out "for"
 

Clause 179

 

THE BARONESS SCOTLAND OF ASTHAL

Page 106, line 11, leave out subsection (3)
Page 106, leave out lines 17 to 21 and insert—
"(4A)  For the purposes of this section a person shall also be deemed to be unlawfully at large if, having being temporarily released in pursuance of an intermittent custody order made under section 176 of the Criminal Justice Act 2003, he remains at large at a time when, by reason of the expiry of the period for which he was temporarily released, he is liable to be detained in pursuance of his sentence."
 

Schedule 9

 

THE BARONESS SCOTLAND OF ASTHAL

Page 239, line 44, after "offender" insert ", the Secretary of State"
 

Schedule 10

 

THE BARONESS SCOTLAND OF ASTHAL

Page 241, line 21, at end insert—
 

"Orders made on appeal

    2A   Where a suspended sentence order is made on appeal it is to be taken for the purposes of this Schedule to have been made by the Crown Court."
Page 242, line 1, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
Page 242, line 15, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
Page 242, line 18, at end insert—
"(   )      This paragraph applies to—
(a)  a suspended sentence order made by a magistrates' court, or
(b)  any suspended sentence order which was made by the Crown Court and includes a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
Page 242, line 19, leave out from "order" to "it" in line 20 and insert "to which this paragraph applies is in force"
Page 242, line 38, at end insert—
"(   )      This paragraph applies to a suspended sentence order made by the Crown Court which does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
Page 242, line 39, leave out from "order" to "it" in line 40 and insert "to which this paragraph applies is in force"
Page 243, line 13, leave out "184(5)" and insert "184(6)"
Page 243, line 37, leave out paragraphs (ii) and (iii) and insert—
"(ii)  subject to subsections (3) and (4) of section 181, extending the supervision period, or
(iii)  subject to subsection (3) of that section, extending the operational period."
Page 244, line 4, at end insert—
"(6)      Where a suspended sentence order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) be required to deal with the offender under sub-paragraph 2(a), (b) or (c) it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(7)      A magistrates' court which deals with an offender's case under sub-paragraph (6) must send to the Crown Court—
(a)  a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
(b)  such other particulars of the case as may be desirable;
  and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court."
Page 244, line 4, at end insert—
"(8)      In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the suspended sentence order and any question whether the offender has been convicted of an offence committed during the operational period of the suspended sentence is to be determined by the court and not by the verdict of a jury."
Page 244, line 15, leave out sub-paragraph (3)
Page 244, line 35, at end insert—
"(2)      A court may not under paragraph 7(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended."
Page 245, line 3, leave out sub-paragraph (3)
Page 245, line 37, leave out sub-paragraph (6)
Page 246, line 6, leave out sub-paragraph (3)
Page 246, line 11, leave out "made by the Crown Court" and insert "which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
Page 248, line 13, leave out "the magistrates' court acting for the petty sessions area concerned" and insert "the appropriate court"
Page 248, line 17, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 12."
Page 248, line 21, at end insert—
"(2)      Sub-paragraph (1) does not apply to an application under paragraph 14 which—
(a)  relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
(b)  is made by the responsible officer with the consent of the offender."
 

Clause 235

 

THE BARONESS SCOTLAND OF ASTHAL

Page 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)".
 

After Clause 235

 

THE BARONESS SCOTLAND OF ASTHAL

Insert 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."

 
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©Parliamentary copyright 2003
30 September 2003