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Baroness Scotland of Asthal moved Amendment No. 236G:


The noble Baroness said: My Lords, government Amendments Nos. 236G, 236H, 236J to 236Q, 246A and 246B ensure that the Bill's provisions interact correctly with Scottish legislation. Further details about the effect of each of the amendments can be provided, but they are technical. I beg to move.

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendments Nos. 236H to 236T:


    Page 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;"." Page 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,

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(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". Page 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" Page 338, line 6, at end insert—


"(1A) In subsection (1), the words after paragraph (b) are omitted." Page 338, line 12, at end insert—


"(2A) In subsection (3), the words "or to vary" to "one hundred" are omitted." Page 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."" Page 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"


    Page 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.""

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Page 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)". Page 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,". Page 340, line 8, leave out "section 228(5)" and insert "section (Persons liable to removal from the United Kingdom)"


    Page 342, line 20, leave out paragraph 76.

On Question, amendments agreed to.

[Amendment No. 237 not moved.]

Baroness Scotland of Asthal moved Amendment No. 237A:


    Page 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)"."

11 Nov 2003 : Column 1296

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendment No. 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,"."

The noble Baroness said: My Lords, Amendments Nos. 237B and 237C are consequential to provisions in the Bill that alter the penalties of various offences in Service Acts. The amendments ensure that the consequential changes are made to the relevant Acts, so that the penalties for similar offences concerning the provision of false information are considered. I beg to move.

On Question, amendment agreed to.


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