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

House of Lords

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Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

236GPage 328, leave out lines 27 to 31
236HPage 331, line 37, at end insert—
 

"Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

 30A      In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—
    "(v)  a community order within the meaning of section 159 of the Criminal Justice Act 2003;
    (va)  a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;"."
236JPage 334, line 43, at end insert—
 

"Firearms (Amendment) Act 1988 (c. 45)

 46A      The Firearms (Amendment) Act 1988 is amended as follows.
 46B      In section 1 (prohibited weapons and ammunition), in subsection (4A) after paragraph (b) there is inserted—
    "(bb)  may amend subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period) so as to include a reference to any provision added by the order to section 5(1) of the principal Act,
    (bc)  may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the Customs and Excise Management Act 1979 (offences relating to improper importation or exportation) so as to include a reference to anything added by the order to section 5(1) of the principal Act,".
 46C      In section 27(4) (which relates to Northern Ireland), after "Except for" there is inserted "section 1, so far as enabling provision to be made amending the Customs and Excise Management Act 1979, and".
236KPage 337, line 20, at end insert—
"(aa)      after subsection (1) there is inserted—
    "(1AA)      This Part of this Act, except section 2(9), applies also to a transferred life prisoner—
    (a)  who is transferred from England and Wales on or after the date on which section 247 of the Criminal Justice Act 2003 comes into force,
    (b)  in relation to whom paragraph 3 of Schedule 20 to that Act applies by virtue of paragraph 2(a) of that Schedule, but
    (c)  in respect of whom, under the paragraph so applying, no order has been made,
      as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule."; and"
236LPage 338, line 6, at end insert—
"(1A)      In subsection (1), the words after paragraph (b) are omitted."
236MPage 338, line 12, at end insert—
"(2A)      In subsection (3), the words "or to vary" to "one hundred" are omitted."
236NPage 338, line 24, at end insert—
"(3A)      After subsection (4) there is inserted—
    "(4A)      A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 159 of the Criminal Justice Act 2003.""
236PPage 338, line 27, leave out from "made" to end of line and insert "by a magistrates' court under section 159 of that Act and imposing the requirements specified under subsection (4A) above"
236QPage 338, line 28, leave out sub-paragraph (5) and insert—
"(5)      For subsection (6) there is substituted—
    "(6)      In its application to a probation order made or amended under this section, Schedule 7 to the Criminal Justice Act 2003 has effect subject to the following modifications—
    (a)  any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
    (b)  in paragraph 9—
    (i)  paragraphs (b) and (c) of sub-paragraph (1) are omitted,
    (ii)  in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and
    (iii)  any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and
    (c)  Parts 3 and 5 are omitted.""
236RPage 339, line 43, leave out from beginning to "in" in line 44 and insert—
 "69A      The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
 69B      In Article 2 (interpretation) after paragraph (8) there is inserted—
    "(9)      For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned."
 69C      In Article 4 (absolute and conditional discharge), in paragraph (1), for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 69D      In Article 10 (probation orders), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70   (1)   Article 13 (community service orders) is amended as follows.
(2)      In paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
236SPage 339, line 48, at end insert—
 "70A      In Article 15 (orders combining probation and community service), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70B      In Article 19 (restrictions on imposing custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70C      In Article 20 (length of custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70D      In Article 24 (custody probation orders), in paragraph (1) for "other than one fixed by law" there is substituted ", other than an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981,".
236SAPage 340, line 8, leave out "section 228(5)" and insert "section (Persons liable to removal from the United Kingdom)"
236TPage 342, line 20, leave out paragraph 76
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS WALMSLEY

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

THE BARONESS SCOTLAND OF ASTHAL

237APage 360, line 12, at end insert—
 

"Sexual Offences Act 2003

 129A      The Sexual Offences Act 2003 is amended as follows.
 129B      In section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted—
    "(k)  a sentence of detention for public protection under section 208 of the Criminal Justice Act 2003,
    (l)  an extended sentence under section 210 of that Act,".
 129C      In section 133 (general interpretation), at the end of paragraph (a) of the definition of "community order" there is inserted "(as that Act had effect before the passing of the Criminal Justice Act 2003)"."
237B*Page 361, line 22, at end insert—
 

"Army Act 1955 (3 & 4 Eliz. 2 c. 18)

       In section 61 of the Army Act 1955, for the words from "the like" to "section nineteen of this Act" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding three months,".
 

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

       In section 61 of the Air Force Act 1955, for the words from "the like" to "section nineteen of this Act" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding three months,".
 

Naval Discipline Act 1957 (c. 53)

       In section 34A of the Naval Discipline Act 1957, for the words "imprisonment for a term not exceeding three months" there is substituted "dismissal from Her Majesty's service with or without disgrace, detention for a term not exceeding three months,"."
237C*Page 361, line 35, at end insert—
 

"Reserve Forces Act 1996 (c. 14)

       In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 1996, for the words "imprisonment for a term not exceeding three months" there is substituted "dismissal from Her Majesty's service with or without disgrace, to detention for a term not exceeding 3 months,"."
 

Clause 283

 

THE LORD LLOYD OF BERWICK
THE LORD THOMAS OF GRESFORD

238Leave out Clause 283
 

Clause 304

 

THE BARONESS SCOTLAND OF ASTHAL

238APage 172, line 17, leave out "Part 1 of the Sex Offenders Act 1997" and insert "Part 2 of the Sexual Offences Act 2003"
 

Clause 305

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

238AALeave out Clause 305
 

After Clause 305

 

THE BARONESS SCOTLAND OF ASTHAL

238AB*Insert the following new Clause—
  "Civil proceedings for trespass to the person brought by offender
(1)  This section applies where—
(a)  a person ("the claimant") claims that another person ("the defendant") did an act amounting to trespass to the claimant's person, and
(b)  the claimant has been convicted of an imprisonable offence committed on the same occasion as that on which the act is alleged to have been done.
(2)  Civil proceedings relating to the claim may be brought only with the permission of the court.
(3)  The court may give permission for the proceedings to be brought only if there is evidence that either—
(a)  the condition in subsection (5) is not met, or
(b)  in all the circumstances, the defendant's act was grossly disproportionate.
(4)  If the court gives permission and the proceedings are brought, it is a defence for the defendant to prove both—
(a)  that the condition in subsection (5) is met, and
(b)  that, in all the circumstances, his act was not grossly disproportionate.
(5)  The condition referred to in subsection (3)(a) and (4)(a) is that the defendant did the act only because—
(a)  he believed that the claimant—
(i)  was about to commit an offence,
(ii)  was in the course of committing an offence, or
(iii)  had committed an offence immediately beforehand; and
(b)  he believed that the act was necessary to—
(i)  defend himself or another person,
(ii)  protect or recover property,
(iii)  prevent the commission or continuation of an offence, or
(iv)  apprehend, or secure the conviction, of the claimant after he had committed an offence;
  or was necessary to assist in achieving any of those things.
(6)  Subsection (4) is without prejudice to any other defence.
(7)  In this section—
(a)  the reference to trespass to the person is a reference to—
(i)  assault,
(ii)  battery, or
(iii)  false imprisonment;
(b)  references to a defendant's belief are to his honest belief, whether or not the belief was also reasonable;
(c)  "court" means the High Court or a county court; and
(d)  "imprisonable offence" means an offence which, in the case of a person aged 18 or over, is punishable by imprisonment."

 
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©Parliamentary copyright 2003
5 November 2003