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

House of Lords

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Clause 236

 

THE BARONESS SCOTLAND OF ASTHAL

Page 137, line 13, leave out "8" and insert "6"
Page 137, line 15, leave out "6" and insert "4"
Page 137, line 16, leave out "three-quarters" and insert "one-half"
Page 137, line 18, leave out "56" and insert "42"
Page 137, line 20, leave out "42" and insert "28"
Page 137, line 21, leave out "three-quarters" and insert "one-half"
Page 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);"
 

Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

Page 139, line 37, after "(6)" insert "and section (Licence conditions on re-release of prisoner serving sentence of less than 12 months)"
Page 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"
 

After Clause 240

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Licence conditions on re-release of prisoner serving sentence of less than 12 months
(1)  In relation to any licence under this Chapter which is granted to a prisoner serving one or more sentences of imprisonment of less than twelve months and no sentence of twelve months or more on his release in pursuance of a decision of the Board under section 243 or 245, subsections (2) and (3) apply instead of section 240(2).
(2)  The licence—
(a)  must include the standard conditions, and
(b)  may include—
(i)  any condition authorised by section 62 or 64 of the Criminal Justice and Court Services Act 2000 (c. 43), and
(ii)  such other conditions of a kind prescribed by the Secretary of State for the purposes of section 240(4)(b)(ii) as the Secretary of State may for the time being specify in the licence.
(3)  In exercising his powers under subsection (2)(b)(ii), the Secretary of State must have regard to the terms of the relevant court order.
(4)  In this section "the standard conditions" has the same meaning as in section 240."
 

Clause 243

 

THE BARONESS SCOTLAND OF ASTHAL

Page 141, line 42, at end insert—
"(4A)  In the case of an intermittent custody prisoner who has not yet served in prison the number of custodial days specified in the intermittent custody order, any recommendation by the Board as to immediate release on licence is to be a recommendation as to his release on licence until the end of one of the licence periods specified by virtue of section 176(1)(b) in the intermittent custody order."
 

Clause 253

 

THE BARONESS SCOTLAND OF ASTHAL

Page 146, line 36, at end insert—
 ""intermittent custody prisoner" means a prisoner serving a sentence of imprisonment to which an intermittent custody order relates;"
 

Clause 256

 

THE BARONESS SCOTLAND OF ASTHAL

Page 148, line 2, at end insert—
"(2)  In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—
"(1ZA)  In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 254 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 262 of that Act) that is fixed by law."."
 

Clause 257

 

THE BARONESS SCOTLAND OF ASTHAL

Page 148, line 12, at end insert—
"(2)  Each of the following sections (which relate to the review by the Courts-Martial Appeal Court of sentences passed by courts-martial)—
(a)  section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b)  section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
(c)  section 71AC of the Naval Discipline Act 1957 (c. 53),
  is amended as follows.
(3)  After subsection (3) there is inserted—
"(3A)   Where a reference under this section relates to an order under subsection (2) of section 254 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Courts-Martial Appeal Court shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time."."
 

Schedule 18

 

THE BARONESS SCOTLAND OF ASTHAL

Page 267, leave out lines 12 to 14 and insert—
 ""life sentence" means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales;
 "mandatory life sentence" means a life sentence passed in circumstances where the sentence was fixed by law."
 

Schedule 21

 

THE BARONESS SCOTLAND OF ASTHAL

Page 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)."
Page 284, line 12, leave out paragraph 77
 

Schedule 22

 

THE BARONESS SCOTLAND OF ASTHAL

Page 291, line 2, leave out paragraph 28
Page 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

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

Clause 268

 

THE BARONESS SCOTLAND OF ASTHAL

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

Schedule 23

 

THE BARONESS SCOTLAND OF ASTHAL

Page 296, leave out lines 32 to 40 and insert "twelve months"
Page 297, leave out lines 25 to 33 and insert "twelve months"
Page 298, leave out lines 7 to 15 and insert "twelve months"
Page 298, leave out lines 28 to 36 and insert "twelve months"
 

Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

Page 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"."
 

Clause 281

 

THE BARONESS SCOTLAND OF ASTHAL

Page 160, line 7, leave out "to 82" and insert "and 81"
 

Schedule 26

 

THE BARONESS SCOTLAND OF ASTHAL

Page 305, leave out lines 23 to 36
Page 312, line 37, leave out from "for" to end of line 38 and insert ""a community punishment order" there is substituted "an unpaid work requirement"
Page 313, line 43, leave out from beginning to "subsection" and insert—
"(1)      Section 31(duration and conditions of licences) is amended as follows.
(2)      In subsection (3), for the words from "except" onwards there is substituted "except in accordance with recommendations of the Parole Board".
(3)      Subsection (4) is omitted.
(4)      In"
Page 313, line 45, at end insert—
 "68A   In section 32 (recall of life prisoners while on licence) for subsection (5) there is substituted—
"(5)  Where on a reference under subsection (4) above the Parole Board directs the immediate release on licence under this section of the life prisoner, the Secretary of State shall give effect to the direction." "
Page 329, line 3, at end insert—
"111B(1)Section 62 (release on licence etc: conditions as to monitoring) is amended as follows.
(2)For subsection (3) there is substituted—
"(3)In relation to a prisoner released under section 236 of the Criminal Justice Act 2003 (power to release prisoners on licence before required to do so), the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 242 of that Act (curfew condition)."
(3)In subsection (5) after paragraph (e) there is inserted ", and
(f)  a sentence of detention under section 217 or 219 of the Criminal Justice Act 2003"."
 

Schedule 29

 

THE BARONESS SCOTLAND OF ASTHAL

Page 343, line 14, at end insert—
"(5)   In relation to an offence committed before the commencement of section 266(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months."
 

Clause 299

 

THE BARONESS SCOTLAND OF ASTHAL

Page 171, leave out line 31
 

Schedule 31

 

THE BARONESS SCOTLAND OF ASTHAL

Page 361, line 2, column 2, at beginning insert—
  "In section 82(4A), paragraph (e) and the word "or" immediately preceding it."
Page 361, line 40, column 2, leave out "to 82" and insert "and 81".
Page 362, line 32, column 2, leave out "subsection (2)" and insert "subsection (3)"
Page 362, column 2, leave out lines 54 and 55 and insert—
  "(d) In subsection (5), in paragraph (a) the words from "or paragraph 7" to the end, and in paragraph (b) the words from "42(2E)" to the end."
Page 363, column 2, leave out line 26 and insert—
  "In section 168—
  (a) in subsection (1), the words "to subsection (2) below and", and
  (b) subsections (2) and (3)."
Page 364, line 9, column 2, at end insert—
  "Section 31(4)."
Page 368, line 28, at end insert—
  "Magistrates' Courts Act 1980 (c. 43)In section 84(3), the words—(a) "imprisonment for a term not exceeding 4 months or", and
  (b) "to both".
Page 368, leave out lines 35 to 38
Page 372, line 17, at end insert—
 

"PART 9A

 

REPEALS RELATING TO AMENDMENTS OF PART 5 OF POLICE ACT 1997

 
  Short title and chapterExtent of repeal
 
  Police Act 1997 (c. 50)In section 115, subsections (3) to (5) and subsections (6C) to (6E).Section 120(3).In section 125, subsection (3) and, in subsection (4), the words "to which subsection (3) does not apply".
  Care Standards Act 2000(c. 14)Section 104(3)(a).In Schedule 4, paragraph 25(2)(a).
  Private Security Industry Act 2001 (c. 12)Section 21.Section 26(3)(a).
  Health and Social Care Act 2001 (c. 15)Section 19.
  Criminal Justice and Police Act 2001 (c. 16)Section 134(3) and (4).
  National Health Service Reform and Health Care Professions Act 2002 (c. 17)Section 42(7).In Schedule 2, paragraph 64.
  Education Act 2002 (c. 32)In Schedule 12, paragraph 15(2).In Schedule 13, paragraph 8(2).
  Licensing Act 2003 (c. 17)In Schedule 6, paragraph 116."

 
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©Parliamentary copyright 2003
30 September 2003