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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."

On Question, amendment agreed to.

Schedule 6 [Hearsay evidence: armed forces]:

Baroness Scotland of Asthal moved Amendments Nos. 108 to 110:


    Page 245, line 4, at end insert—


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


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


"( ) all the parties to the retrial agree otherwise;"

On Question, amendments agreed to.

17 Nov 2003 : Column 1824

Schedule 7 [Breach, revocation or amendment of community order]:

Baroness Scotland of Asthal moved Amendment No. 111:


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

On Question, amendment agreed to.

Schedule 19 [Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991]:

Baroness Scotland of Asthal moved Amendment No. 112:


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

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendment No. 113:


    Before Schedule 29, insert 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,
30 the 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

17 Nov 2003 : Column 1825


(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."."

On Question, amendment agreed to.

[Amendment No. 114 not moved.]

Schedule 29 [Default orders: modification of provisions relating to community orders]:

Baroness Scotland of Asthal moved Amendment No. 115:


    Page 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"

On Question, amendment agreed to.

Schedule 30 [Amendments relating to sentencing]:

Baroness Scotland of Asthal moved Amendments Nos. 116 to 121:


    Page 368, line 8, leave out "release on licence of"


    Page 368, line 26, leave out "duration and conditions of licences for"

17 Nov 2003 : Column 1826


    Page 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." Page 369, line 3, leave out "release on licence of"


    Page 369, line 22, leave out "duration and conditions of licences for"


    Page 372, line 32, at end insert—


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