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

House of Lords

back to previous amendments

 

Hijacking of aircraft

 32      An offence under section 1 of the Aviation Security Act 1982 (c. 36).
 

Destroying, damaging or endangering the safety of an aircraft

 33      An offence under section 2 of the Aviation Security Act 1982 (c. 36).
 

Hijacking of ships

 34      An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Seizing or exercising control of fixed platforms

 35      An offence under section 10 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Destroying ships or fixed platforms or endangering their safety

 36      An offence under section 11 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Hijacking of Channel Tunnel trains

 37      An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).
 

Seizing or exercising control of the Channel Tunnel system

 38      An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).
 

CONSPIRACY

 

Conspiracy

 39      An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.
 

PART 2

 

SUPPLEMENTARY

 40      A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.
 41      A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time."
 

Schedule 6

 

THE BARONESS SCOTLAND OF ASTHAL

108Page 245, line 4, at end insert—
"(   )   all the parties to the retrial agree otherwise;"
109Page 245, line 16, at end insert—
"(   )   all the parties to the retrial agree otherwise;"
110Page 245, line 28, at end insert—
"(   )   all the parties to the retrial agree otherwise;"
 

Schedule 7

 

THE BARONESS SCOTLAND OF ASTHAL

111Page 246, line 20, leave out "182(4)" and insert "182(2)"
 

Schedule 19

 

THE BARONESS SCOTLAND OF ASTHAL

112Page 311, line 27, leave out "repeal or"
 

Before Schedule 29

 

THE BARONESS SCOTLAND OF ASTHAL

113Insert the following new Schedule—
 

"DISQUALIFICATION FROM WORKING WITH CHILDREN

 1      The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows.
 2      After section 29 there is inserted—
    "29A   Disqualification at discretion of court: adults and juveniles
(1)  This section applies where—
(a)  an individual is convicted of an offence against a child (whether or not committed when he was aged 18 or over),
(b)  the individual is sentenced by a senior court, and
(c)  no qualifying sentence is imposed 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 may 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.
    29B   Subsequent application for order under section 28 or 29
(1)  Where—
(a)  section 28 applies but the court has neither made an order under that section nor complied with subsection (6) of that section, or
(b)  section 29 applies but the court has not made an order under that section, and it appears to the prosecutor that the court has not considered the making of an order under that section,
30the prosecutor may at any time apply to that court for an order under section 28 or 29.
(2)  Subject to subsection (3), on an application under subsection (1)—
(a)  in a case falling within subsection (1)(a), the court—
(i)  must make an order under section 28 unless it is satisfied as mentioned in subsection (5) of that section, and
(ii)  if it does not make an order under that section, must comply with subsection (6) of that section,
(b)  in a case falling within subsection (1)(b), the court—
(i)  must make an order under section 29 if it is satisfied as mentioned in subsection (4) of that section, and
(ii)  if it does so, must comply with subsection (5) of that section.
(3)  Subsection (2) does not enable or require an order under section 28 or 29 to be made where the court is satisfied that it had considered the making of an order under that section at the time when it imposed the qualifying sentence or made the relevant order."
 3   (1)   Section 30 (supplemental provisions) is amended as follows.
(2)      In the heading for "and 29" there is substituted "to 29B".
(3)      In subsection (1)—
(a)  for "and 29" there is substituted "to 29B", and
(b)  in the definition of "qualifying sentence", after paragraph (d) there is inserted—
"(dd)   a sentence of detention under section 198 or 200 of the Criminal Justice Act 2003,".
(4)      In subsection (5)—
(a)  in paragraph (a), for "or 29" there is substituted ", 29 or 29A",
(b)  after paragraph (b) there is inserted—
"(c)  in relation to an individual to whom section 29A applies and on whom a sentence has been passed, references to his sentence are to that sentence."
 4      In section 31 (appeals), in subsection (1), after paragraph (b) there is inserted—
"(c)  where an order is made under section 29A, as if the order were a sentence passed on him for the offence of which he has been convicted."
 5   (1)   Section 33 (conditions for application under section 32) is amended as follows.
(2)      In subsection (6), after paragraph (d) there is inserted—
"(e)   in relation to an individual not falling within any of paragraphs (a) to (d), the day on which the disqualification order is made.".
(3)      For subsection (8) there is substituted—
"(8)  In subsection (7) "detention" means detention (or detention and training)—
(a)  under any sentence or order falling within paragraphs (b) to (f) of the definition of "qualifying sentence" in section 30(1), or
(b)  under any sentence or order which would fall within those paragraphs if it were for a term or period of 12 months or more."."
 

THE BARONESS BLATCH
THE BARONESS ANELAY OF ST JOHNS
[As an amendment to amendment 113]

114*Line 30, at end insert—
"(1A)  An order under section 28 or 29 made upon an application under subsection (1) may be made in respect of any individual to whom section 28 or 29 applied on or after 11th January 2001."
 

Schedule 29

 

THE BARONESS SCOTLAND OF ASTHAL

115Page 352, line 7, leave out from "to" to "deal" in line 9 and insert "revoke the community order and deal with the offender for the offence is to be taken to be a power to revoke the default order and"
 

Schedule 30

 

THE BARONESS SCOTLAND OF ASTHAL

116Page 368, line 8, leave out "release on licence of"
117Page 368, line 26, leave out "duration and conditions of licences for"
118Page 368, line 47, at end insert—
"(5A)      Any provision of sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000 which is applied by sub-paragraph (2) or (4) above shall have effect (as so applied) as if—
(a)  any reference to secure accommodation were a reference to secure accommodation within the meaning of Part 2 of the Children (Scotland) Act 1995 or a young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989,
(b)  except in section 103(2), any reference to the Secretary of State were a reference to the Scottish Ministers,
(c)  any reference to an officer of a local probation board were a reference to a relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,
(d)  any reference to a youth court were a reference to a sheriff court,
(e)  in section 103, any reference to a petty sessions area were a reference to a local government area within the meaning of the Local Government etc. (Scotland) Act 1994,
(f)  in section 103(3), for paragraphs (b) and (c) there were substituted a reference to an officer of a local authority constituted under that Act for the local government area in which the offender resides for the time being,
(g)  section 103(5) were omitted,
(h)  in section 104, for subsection (1) there were substituted—
"(1)  Where a detention and training order is in force in respect of an offender and it appears on information to a sheriff court having jurisdiction in the locality in which the offender resides that the offender has failed to comply with requirements under section 103(6)(b), the court may—
(a)  issue a citation requiring the offender to appear before it at the time specified in the citation, or
(b)  issue a warrant for the offender's arrest."
(i)  section 104(2) were omitted, and
(j)  in section 104(6), the reference to the Crown Court were a reference to the High Court of Justiciary."
119Page 369, line 3, leave out "release on licence of"
120Page 369, line 22, leave out "duration and conditions of licences for"
121Page 372, line 32, at end insert—
    "   In section 76 (meaning of custodial sentence), in subsection (1) after paragraph (b) there is inserted—
"(bb)  a sentence of detention for public protection under section 198 of the Criminal Justice Act 2003;
(bc)  a sentence of detention under section 200 of that Act;"."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

122Page 372, line 34, leave out sub-paragraph (2)
 

THE BARONESS SCOTLAND OF ASTHAL

123Page 386, line 34, at end insert—
"(   )      In section 42 (interpretation of Part 2), in subsection (2)(a), for "section 119 of the Powers of Criminal Court (Sentencing) Act 2000" there is substituted "paragraph 8(2)(a) or (b) of Schedule 11 of the Criminal Justice Act 2003".
 

Schedule 35

 

THE BARONESS SCOTLAND OF ASTHAL

124Page 418, column 2, leave out lines 8 to 11 and insert—
  "In section 54(1), the words "and record or cause to be recorded"."
125Page 420, line 19, at end insert—
  "Firearms Act 1968 (c. 27)In Schedule 6, in Part 2, paragraph 3."
126Page 420, line 26, at end insert—
  "Criminal Law Act 1977 (c. 45)In Schedule 12, the entry relating to the Firearms Act 1968 (c. 27)."
127Page 420, line 32, column 2, at end insert—
  "In section 8B(6)(a), the words "commits or"."
128Page 421, line 14, column 2, at end insert—
  "In Schedule 7, paragraph 73."
129Page 421, line 14, at end insert—
  "Criminal Justice (Amendment) Act 1981(c. 27)The whole Act."
130Page 421, line 16, at end insert—
  "Contempt of Court Act 1981 (c. 49)Section 4(4)."
131Page 421, line 26, at end insert—
  "Criminal Justice Act 1982(c. 48)Section 61.
  In Schedule 9, paragraph 1(a).
  Mental Health Act 1983 (c. 20)In section 52(7)(b), the words "where the court proceeds under subsection (1) of that section,"."
132Page 421, line 34, column 2, at end insert—
  "In Schedule 1, paragraphs 2 and 3."
133Page 421, line 43, column 2, at end insert—
  "In Schedule 2, paragraphs 1, 9 and 14."
134Page 422, line 8, column 2, at end insert—
  "Section 33."
135Page 422, line 12, column 2, at end insert—
  "Section 144.
  In Schedule 15, paragraphs 10, 66 and 104."
136Page 422, line 16, at end insert—
  "Courts and Legal Services Act 1990 (c. 41)In Schedule 18, paragraph 25(5).
  Broadcasting Act 1990 (c. 42)In Schedule 20, paragraph 29(1)."
137Page 422, line 17, column 2, at end insert—
  "Section 55(1)."
138Page 422, line 18, column 2, at end insert—
  "In Schedule 11, paragraph 25."
139Page 422, line 21, column 2, at end insert—
  "In Schedule 9, paragraphs 12, 17(c), 18(d), 25, 27, 29 and 49.
  In Schedule 10, paragraphs 40 and 71."
140Page 422, line 28, column 2, at end insert—
  "Section 44(3).
  Section 45.
  Section 49(4)."
141Page 422, line 29, column 2, at end insert—
  "In Schedule 1, paragraphs 2 to 5, 8, 10, 12, 13, 15 to 19, 22(3), 24 to 26, 28 to 32, and 34 to 38."
142Page 422, line 30, at end insert—
  "Sexual Offences (Protected Material) Act 1997 (c. 39)Section 9(1)."
143Page 422, line 31, column 2, at beginning insert—
  "Section 47(6)."
144Page 422, line 35, column 2, at end insert—
  "In Schedule 8, paragraphs 8, 37, 40, 65 and 93."
145Page 422, line 35, at end insert—
  "Access to Justice Act 1999(c. 22)Section 67(3).
  In Schedule 4, paragraphs 16, 39 and 47.
  In Schedule 13, paragraphs 96, 111 and 137."
146Page 422, line 41, column 2, at end insert—
  "In Schedule 9, paragraphs 62, 63, 64(2), 65, 91 and 201."

 
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©Parliamentary copyright 2003
17 November 2003