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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Before Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "Application of Part 1 to under-eighteens
  The provisions of the following sections shall not apply to persons under the age of 18—
(a)  section 4;
(b)  section 6;
(c)  section 8; and
(d)  section 9."
 

Clause 31

 

THE LORD ACKNER

Leave out Clause 31
 

Clause 32

 

THE LORD ACKNER

Leave out Clause 32
 

Clause 34

 

THE LORD ACKNER

Leave out Clause 34
 

Clause 37

 

THE LORD ACKNER

Leave out Clause 37
 

Clause 50

 

THE LORD ACKNER

Page 34, line 36, leave out "must" and insert "may"
 

Clause 83

 

THE LORD ACKNER

Leave out Clause 83
 

Clause 84

 

THE LORD ACKNER

Leave out Clause 84
 

Clause 85

 

THE LORD ACKNER

Leave out Clause 85
 

Clause 86

 

THE LORD ACKNER

Leave out Clause 86
 

Clause 87

 

THE LORD ACKNER

Leave out Clause 87
 

Clause 88

 

THE LORD ACKNER

Leave out Clause 88
 

Clause 89

 

THE LORD ACKNER

Leave out Clause 89
 

Clause 90

 

THE LORD ACKNER

Leave out Clause 90
 

Clause 91

 

THE LORD ACKNER

Leave out Clause 91
 

Clause 92

 

THE LORD ACKNER

Leave out Clause 92
 

Clause 93

 

THE LORD ACKNER

Leave out Clause 93
 

Clause 96

 

THE LORD ACKNER

Page 62, line 9, leave out subsection (2)
 

Clause 98

 

THE LORD ACKNER

Leave out Clause 98
 

Clause 99

 

THE LORD ACKNER

Leave out Clause 99
 

Clause 125

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 77, line 32, leave out "must have regard to" and insert "is under a duty to consider"
 

Clause 139

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 83, line 42, leave out "Subject to subsection (2),"
Page 83, line 43, leave out "obtain and"
Page 83, line 45, leave out subsection (2) and insert—
"(   )  The court must obtain a medical report for the purposes of fulfilling the requirement under subsection (1) unless it already has access to such a report."
Page 84, line 8, leave out subsection (4)
 

Clause 149

 

THE LORD ACKNER

Page 89, line 35, leave out paragraph (c)
Page 90, line 3, leave out subsection (4)
Page 90, line 11, leave out subsection (5)
Page 90, line 13, leave out subsection (6)
 

Clause 154

 

THE LORD ACKNER

Page 92, line 44, at end insert—
"(   )  Nothing in subsection (1) shall fetter the judges' overriding discretion in the individual case to set the sentence he thinks is appropriate."
 

Clause 165

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 99, line 18, at end insert—
"(   )  An order under subsection (8) shall not be made unless a draft of the order has been laid before, and approved by a resolution of each House of Parliament."
 

Before Clause 247

 

THE LORD ACKNER

Insert the following new Clause—
  "Amendment to Murder (Abolition of Death Penalty) Act 1965
  In section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 (c. 71) (abolition of death penalty for murder), for the word "sentenced" there is substituted "liable"."
 

Clause 247

 

THE LORD ACKNER

Page 142, line 15, leave out subsection (5)
Page 142, line 31, leave out subsection (6)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 142, line 31, leave out subsection (6)
Page 142, line 31, leave out subsection (6)
Page 142, line 31, at end insert—
"(   )  Before making an order under subsection (6), the Secretary of State shall consult the Sentencing Guidelines Council."
Page 142, line 31, at end insert—
"(7)  This section does not apply if the offender was under 18 when he committed the offence."
 

Before Clause 256

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "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 childen where qualifying sentence or relevant order not imposed
    (1)  This section applies where—
    (a)  an individual is convicted of an offence against a child, and
    (b)  neither a qualifying sentence nor a relevant order is imposed by a senior court in respect of the conviction.
    (2)  If the court is satisfied, having regard to all the circumstances, that it is likely that the individual will commit a further offence against a child, it must order the individual to be disqualified from working with children.
    (3)  If the court makes an order under this section, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings."
(2)  In section 30 of the Criminal Justice and Court Services Act 2000 (c. 43) (sections 28 and 29: supplemental) after the words "sections 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—
    "(2A)  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.""
Insert the following new Clause—
  "Disqualification from working with children: consecutive sentences of imprisonment
  In section 30 of the Criminal Justice and Court Services Act 2000 (c. 43) (sections 28 and 29: supplemental), in the definition of "qualifying sentence" the following is inserted after paragraph (a)—
    "(aa)  where the offender is sentenced on the same occasion in respect of more than one offence, consecutive sentences of imprisonment for a total term of 12 months or more,"."
 

Clause 265

 

THE LORD ACKNER

Page 149, line 34, leave out from "that" to end of line 36 and insert "in relation to all the circumstances relating to the offence or to the offender it would be unjust to do so"
 

Schedule 19

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 291, line 35, leave out "detailed"
 

THE LORD ACKNER

Leave out Schedule 19

 
 
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©Parliamentary copyright 2003
21 October 2003