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Amendments to the Criminal Justice Bill

Criminal Justice Bill


FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 23rd October 2003, as follows—
Clauses 128 to 161
Schedule 7
Clause 162
Schedule 8
Clauses 163 to 169
Schedule 9
Clause 170
Schedule 10
Clauses 171 to 175
Schedule 11
Clause 176
Schedule 12
Clauses 177 to 201
Schedule 13
Clauses 202 to 206
Schedule 14
Clauses 207 to 211
Schedules 15 and 16
Clause 212
Schedule 17
Clauses 213 to 221
Schedule 18
Clauses 222 to 247
Schedule 19
Clauses 248 to 254
Schedule 20
Clauses 255 and 256
Schedule 21
Clause 257
Schedule 22
Clause 258
Schedules 23 and 24
Clauses 259 to 261
Schedule 25
Clause 262
Schedule 26
Clauses 263 to 276
Schedule 27
Clauses 277 to 280
Schedule 28
Clauses 281 to 298
Schedule 29
Clauses 299 to 301
Schedule 30
Clauses 302 to 305
Schedule 31
Clauses 306 and 307
Schedule 32
Clause 308
Schedule 33
Clause 309
Schedule 34
Clauses 310 to 314

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 128

 

THE VISCOUNT COLVILLE OF CULROSS
THE LORD AVEBURY

198Page 79, leave out lines 5 to 7
199Page 79, line 8, leave out "racially or religiously aggravated" and insert "aggravated for the purposes of this section by motives directed at a person or group of persons or property associated with such a person or group by reason of hatred of his race, religion or lack of religion, sexual orientation or other identifiable characteristic"
200Page 79, line 11, leave out subsection (3) and insert—
"(3)  In this section an offence within the meaning of "aggravated for the purposes of this section" is an offence where—
(a)  at the time of committing the offence or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based upon the victim's membership or presumed membership of a relevant group as described in subsection (2) above; or
(b)  the offence is motivated (wholly or partially) by hostility against a person based on his membership or presumed membership of such a group.
(4)  In subsection (3) above—
(a)  "membership" in relation to a relevant group includes association with members of that group;
(b)  "presumed" means presumed by the offender.
(5)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (3) above whether or not the offender's hostility is also based, to any extent, on any other factor which does not constitute aggravation for the purposes of this section.
(6)  The maximum sentences provided for in sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) shall apply to all offences specified therein which are aggravated for the purposes of this section, without being confined to racial or religious aggravation; and the powers of arrest contained in section 31 shall also apply."
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS DARCY DE KNAYTH

201Page 79, line 13, at end insert—
"(4)  The Secretary of State will collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."
 

After Clause 128

 

THE BARONESS SCOTLAND OF ASTHAL

201AInsert the following new Clause—
  "Increase in sentence for offence aggravated by reference to disability or sexual orientation
(1)  This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2)  Those circumstances are—
(a)  that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
(i)  the sexual orientation (or presumed sexual orientation) of the victim, or
(ii)  a disability (or presumed disability) of the victim, or
(b)  that the offence is motivated (wholly or partly)—
(i)  by hostility towards persons who are of a particular sexual orientation, or
(ii)  by hostility towards persons who have a disability or a particular disability.
(3)  The court—
(a)  must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and
(b)  must state in open court that the offence was committed in such circumstances.
(4)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5)  In this section "disability" means any physical or mental impairment."
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS DARCY DE KNAYTH

201BInsert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(a)  at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based in the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
 

Clause 136

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

202Page 82, line 21, at end insert—
"(8)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."
 

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 SCOTLAND OF ASTHAL

203APage 83, line 12, leave out from "18" to first "the" in line 14
 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA
THE BARONESS SCOTLAND OF ASTHAL

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

Clause 139

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD

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

209Page 86, line 12, leave out "14" and insert "18"
 

THE BARONESS SCOTLAND OF ASTHAL

209APage 86, line 13, after "sentence" insert "or a suspended sentence"
 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

210Page 86, line 18, leave out "17" and insert "18"
211Page 86, line 31, leave out "17" and insert "18"
 

Clause 149

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

THE LORD ACKNER

213Page 89, line 35, leave out paragraph (c)
 

THE BARONESS SCOTLAND OF ASTHAL

213APage 89, line 35, leave out "five" and insert "four"
 

THE LORD ACKNER

214Page 90, line 3, leave out subsection (4)
 

THE BARONESS SCOTLAND OF ASTHAL

214APage 90, line 8, at end insert "and"
214BPage 90, line 9, leave out from "crime" to end of line 10
 

THE LORD ACKNER

215Page 90, line 11, leave out subsection (5)
 

THE BARONESS SCOTLAND OF ASTHAL

215APage 90, line 11, leave out subsection (5) and insert—
"(5)  The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions."
 

THE LORD ACKNER

216Page 90, line 13, leave out subsection (6)
 

THE BARONESS SCOTLAND OF ASTHAL

216APage 90, line 19, at end insert—
"(8A)  The Secretary of State may appoint a person appearing to him to have experience of sentencing policy and the administration of sentences to attend and speak at any meeting of the Council."
 

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 168

 

THE BARONESS SCOTLAND OF ASTHAL

218APage 100, line 18, at end insert—
"(   )  In section 23 of the Criminal Justice Act 1961 (c. 39) (prison rules), in subsection (3) for "The days" there is substituted "Subject to subsection (3A), the days" and after subsection (3) there is inserted—
    "(3A)  In relation to a prisoner to whom an intermittent custody order under section 165 of the Criminal Justice Act 2003 relates, the only days to which subsection (3) applies are Christmas Day, Good Friday and any day which under the Banking and Financial Dealings Act 1971 is a bank holiday in England and Wales.""
 

Schedule 11

 

THE BARONESS SCOTLAND OF ASTHAL

218BPage 260, line 30, leave out "requirements of the community" and insert "community requirements of the suspended sentence"
218CPage 260, line 36, after second "the" insert "community"
 

Clause 189

 

THE BARONESS WALMSLEY

218CAPage 111, line 1, after "periods)" insert "or under the direction of a specified person having the necessary qualifications or experience"
218CBPage 111, line 13, after "both)" insert "or under the direction of a specified person having the necessary qualifications or experience"
218CCPage 111, line 16, leave out "may" and insert "shall"
218CDPage 111, line 20, after "1983" insert "and a specified person having the necessary qualifications or experience"
218CEPage 111, line 31, after "officer" insert "or by the person specified as the person under whose direction the treatment is provided"
 

Clause 190

 

THE BARONESS WALMSLEY

218CFPage 111, line 42, after "psychologist" insert "or under the direction of a specified person having the necessary qualifications or experience"
218CGPage 112, line 12, after "psychologist" insert "or under the direction of a specified person having the necessary qualifications or experience"
 

Clause 191

 

THE BARONESS WALMSLEY

218CHPage 112, line 30, leave out "by the responsible officer"
218CJPage 112, line 33, leave out "may" and insert "shall"
218CKPage 113, line 2, at end insert "and not more than three years"

 
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©Parliamentary copyright 2003
5 November 2003