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

House of Lords

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Clause 137

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

203Page 82, line 28, at end insert—
"(5)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."
 

Clause 138

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

204*Page 83, line 33, leave out from "18" to first "the" in line 35
 

Clause 139

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

205Page 83, line 42, leave out "Subject to subsection (2),"
206Page 83, line 43, leave out "obtain and"
207Page 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."
208Page 84, line 8, leave out subsection (4)
 

Clause 143

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

209*Page 86, line 12, leave out "14" and insert "18"
210*Page 86, line 18, leave out "17" and insert "18"
211*Page 86, line 31, leave out "17" and insert "18"
 

Clause 149

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

212*Page 89, line 32, leave out "seven" and insert "ten"
 

THE LORD ACKNER

213Page 89, line 35, leave out paragraph (c)
214Page 90, line 3, leave out subsection (4)
215Page 90, line 11, leave out subsection (5)
216Page 90, line 13, leave out subsection (6)
 

Clause 154

 

THE LORD ACKNER

217Page 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

218Page 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."
 

Clause 211

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

219*Page 124, line 1, leave out "may" and insert "must"
220*Page 124, line 2, at end insert ", and
(   )  in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation"
 

Before Clause 247

 

THE LORD ACKNER
THE LORD LLOYD OF BERWICK

221Insert 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

222Page 142, line 25, leave out subsection (5)
 

THE LORD ACKNER
THE LORD LLOYD OF BERWICK

223Page 142, line 31, leave out subsection (6)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

224Page 142, line 31, at end insert—
"(   )  Before making an order under subsection (6), the Secretary of State shall consult the Sentencing Guidelines Council."
225Page 142, line 31, at end insert—
"(7)  This section does not apply if the offender was under 18 when he committed the offence."
 

Schedule 19

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

226Page 291, line 35, leave out "Detailed"
 

THE LORD ACKNER

227Leave out Schedule 19
 

Before Clause 256

 

THE BARONESS BLATCH
THE BARONESS O'CATHAIN

228Insert 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.""
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

229Insert 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,"."
 

Schedule 22

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

230*Page 301, line 8, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory."
231*Page 301, line 36, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given"
232*Page 301, line 37, leave out from beginning to end of line 11 on page 302
233*Page 302, line 22, at end insert—
"(c)  that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour, such that it is relevant and proportionate for the court to require treatment, and
(d)  that the option of voluntary treatment provided concurrent to the order would be unsatisfactory."
234*Page 303, line 4, leave out "consents to its inclusion" and insert "has indicated his willingness to comply, and the appropriate consent to inclusion of the requirement has been given"
235*Page 303, leave out lines 5 to 25
 

Clause 265

 

THE LORD ACKNER

236Page 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 28

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

237*Page 345, line 13, leave out sub-paragraph (2)
 

Clause 283

 

THE LORD LLOYD OF BERWICK

238Leave out Clause 283
 

Schedule 32

 

THE BARONESS SCOTLAND OF ASTHAL

239Page 377, line 2, leave out paragraph 11
240Page 378, line 20, at end insert—
 

"Crime (International Co-operation) Act 2003

 16A      After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—
    "4AGeneral requirements for service of written charge or requisition
    (1)      This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor—
    (a)  a written charge (within the meaning of section 27 of the Criminal Justice Act 2003),
    (b)  a requisition (within the meaning of that section).
    (2)      The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom.
    (3)      Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language.
    (4)      A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court.
    (5)      If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service.
    (6)      Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question.
    (7)      But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance).
    4BService of written charge or requisition otherwise than by post
    (1)      A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State.
    (2)      But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met.
    (3)      The conditions are—
    (a)  that the correct address of the person is unknown,
    (b)  that it has not been possible to serve the written charge or requisition by post,
    (c)  that there are good reasons for thinking that service by post will not be effective or is inappropriate.""
241Page 386, line 21, leave out from beginning to "the" in line 22 and insert—
"(1)      Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
(2)      In subsection (1) (commission of offence by non-defendant) for the words from ", where to do so" to "committed that offence" there is substituted "that that person committed that offence, where evidence of his having done so is admissible".
(3)      In subsection (3) (commission of offence by defendant)"
 

Schedule 33

 

THE BARONESS SCOTLAND OF ASTHAL

242Page 390, line 30, at end insert—

 
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©Parliamentary copyright 2003
28 October 2003