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

House of Lords

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Schedule 19

 

THE BARONESS SCOTLAND OF ASTHAL

225BPage 290, line 25, leave out from "orientation" to end of line 28 and insert "if it is committed in circumstances falling within subsection (2)(a)(i) or (b)(i) of section (Increase in sentence for offence aggravated by reference to disability or sexual orientation)."
 

THE LORD ACKNER

225CPage 290, line 29, at end insert—
      "Nothing in this Schedule shall fetter the judge's own discretion in the individual case to set the sentence he thinks is appropriate."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

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

THE LORD ACKNER
THE LORD THOMAS OF GRESFORD

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 aged 18 or over 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 a senior 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 a senior 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.""
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

230Page 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."
231Page 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"
232Page 301, line 37, leave out from beginning to end of line 11 on page 302
233Page 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."
234Page 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"
235Page 303, leave out lines 5 to 25
 

Schedule 24

 

THE BARONESS SCOTLAND OF ASTHAL

235ZAPage 319, line 34, at end insert—
"(4A)      In section 62B (failure to comply with direction under section 62A: offences), in subsection (3), for "3 months" there is substituted "51 weeks"."
235ZBPage 319, line 36, leave out "subsection (6)" and insert "subsections (6) and (7B)"
235ZCPage 321, line 35, at end insert—
 

"Anti-social Behaviour Act 2003 (c. 00)

      In section 47 of the Anti-social Behaviour Act 2003 (closure of noisy premises), in subsection (5)(a), for "three months" there is substituted "51 weeks."
235A[Re-tabled as amendment 236FA]
 

Clause 265

 

THE BARONESS SCOTLAND OF ASTHAL

235BPage 149, line 28, after "(ae)" insert ", (af)"
 

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"
 

Clause 266

 

THE BARONESS SCOTLAND OF ASTHAL

236APage 150, line 38, column 1, after "(ae)" insert ", (af)"
 

Clause 267

 

THE BARONESS SCOTLAND OF ASTHAL

236BPage 151, line 23, after "(ae)" insert ", (af)"
 

After Clause 269

 

THE BARONESS SCOTLAND OF ASTHAL

236CInsert the following new Clause—
  "Sentencing for firearms offences in Northern Ireland
  Schedule (Sentencing for firearms offences in Northern Ireland) (which contains amendments of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155(N.I. 2)) relating to sentencing) shall have effect."
 

Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

236DPage 152, line 27, leave out from "of" to "prohibition" in line 32 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
236EPage 152, line 38, leave out from "of" to "prohibition" in line 43 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
236FPage 153, line 5, leave out from "of" to "prohibitions" in line 9 and insert—
"(a)  an offence under subsection (2) or (3) above committed in Great Britain in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or (1A)(a) of the Firearms Act 1968,
(aa)  any such offence committed in Northern Ireland in connection with a prohibition or restriction on the importation or exportation of any weapon or ammunition that is of a kind mentioned in Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a) of the Firearms (Northern Ireland) Order 1981, or
(b)  any such offence committed in connection with the"
 

Before Schedule 27

 

THE BARONESS SCOTLAND OF ASTHAL

236FAInsert the following new Schedule—
 

"SENTENCING FOR FIREARMS OFFENCES IN NORTHERN IRELAND

 1      The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155(N.I. 2)) is amended as follows.
 2      In Article 2(2) (interpretation) after the definition of "firearms dealer" there is inserted—
     "handgun" means any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus;".
 3      In Article 3(1) (requirement of firearm certificate) for sub-paragraph (a) there is substituted—
    "(aa)      has in his possession, or purchases or acquires, a handgun without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
    (ab)      has in his possession, or purchases or acquires, any firearm, other than a handgun, without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate; or".
 4      After Article 52 of that Order there is inserted—
    "52AMinimum sentence for certain offences
    (1)      This Article applies where—
    (a)  an individual is convicted of—
    (i)  an offence under Article 3(1)(aa),
    (ii)  an offence under Article 6(1)(a), (ab), (ac), (ad), (ae) or (c), or
    (iii)  an offence under Article 6(1A)(a), and
    (b)  the offence was committed after the commencement of this Article and at a time when he was aged 16 or over.
    (2)      The court shall—
    (a)  in the case of an offence under Article 3(1)(aa) committed by a person who was aged 21 or over when he committed the offence, impose a sentence of imprisonment for a term of five years (with or without a fine), and
    (b)  in any other case, impose an appropriate custodial sentence for a term of at least the required minimum term (with or without a fine)
      unless (in any of those cases) the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
    (3)      Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Article to have been committed on the last of those days.
    (4)      In this Article—
          "appropriate custodial sentence" means—
    (a)  in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment, and
    (b)  in the case of an offender who is aged under 21 at that time, a sentence of detention under section 5(1) of the Treatment of Offenders Act (Northern Ireland) 1968;
          "the required minimum term" means—
    (a)  in the case of an offender who was aged 21 or over when he committed the offence, five years, and
    (b)  in the case of an offender who was aged under 21 at that time, three years."
 5      After Article 52A there is inserted—
    "52BPower by order to exclude application of minimum sentence to those under 18
    (1)      The Secretary of State may by order—
    (a)  amend Article 52A(1)(b) by substituting for the word "16" the word "18", and
    (b)  make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (a).
    (2)      The provision that may be made by virtue of paragraph (1)(b) includes, in particular, provision amending or repealing any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 (whenever passed or made).
    (3)      An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly."
 6   (1)   Schedule 2 (table of punishments) is amended as follows.
(2)      For the entry relating to offences under Article 3(1) (purchase, acquisition or possession of firearm or ammunition without firearm certificate.) there is substituted—
"Article 3(1)(aa)Purchase, acquisition or possession of handgun without firearm certificateIndictment10 years or a fine, or both
Article 3(1)(ab)Purchase, acquisition or possession without firearm certificate of firearm other than handgun(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment5 years or a fine, or both
Article 3(1)(b)Purchase, acquisition or possession of ammunition without firearm certificate(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment5 years or a fine, or both
(3)      For the entries relating to offences under Article 6(1) (manufacture, dealing in or possession of prohibited weapons) and Article 6(1A) (possession of or dealing in other prohibited weapons) there is substituted—
"Article 6(1)(a),(ab), (ac), (ad), (ae) and (c)Manufacture, dealing in or possession of prohibited weapons.Indictment10 years or a fine, or both
Article 6(1)(b)Manufacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc.(a)   Summary1 year or a fine of the statutory maximum, or both
(b)   Indictment10 years or a fine, or both
Article 6 (1A)(a)Possession of or dealing in firearm disguised as other objectIndictment10 years or a fine, or both
Article 6(1A)(b),(c), (d), (e), (f) or (g)Possession of or dealing in other prohibited weapons(a)   Summary6 months or a fine of the statutory maximum, or both.
(b)   Indictment10 years or a fine, or both"."

 
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©Parliamentary copyright 2003
5 November 2003