Criminal Justice Bill

Public Bill Committees

• Criminal Justice Bill, 1st sitting (22 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 1 - Extension of powers to stop and search (51 speeches)
    I beg to move amendment No. 71, in clause 1, page 1, line 7, leave out subsection (2) and insert— '(2) In section 1(7) of the 1984 Act (prohibited articles) at the end of sub-paragraph...
  • Clause 2 - Warrants to enter and search (18 speeches)
    I beg to move amendment No. 2, in clause 2, page 1, line 14, after 'powers', insert 'and duties.'.
• Criminal Justice Bill, 2nd sitting (0 speeches)
  Mr. James Cran in the Chair]
  • Clause 2 - Warrants to enter and search (18 speeches)
    Amendment proposed [this day]: No. 2, in clause 2, page 1, line 14, after 'powers', insert 'and duties.'—[Mr. Malins.] Question again proposed, That the amendment be made.
  • Clause 3 - Bail elsewhere than at police station (82 speeches)
    I beg to move amendment No. 85, in clause 3, page 2, line 13, after 'practicable', insert 'and within 2 hours'.
  • Clause 4 - Use of telephones for review of police detention (35 speeches)
    I beg to move amendment No. 12, in clause 4, page 4, line 19, after 'out', insert 'with the authority of an officer with the rank of superintendent or above'.
• Criminal Justice Bill, 3rd sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 5 - Limits on period of detention without charge (74 speeches)
    I do not intend to move amendments Nos. 73 or 72, in order to assist the Committee in making progress, Mr. Illsley. However, I might try to catch your eye on clause stand part.
  • Clause 6 - Property of detained persons (23 speeches)
    I beg to move amendment No. 32, in clause 6, page 4, line 36, leave out from 'is' to end and insert 'inserted after ''recorded'', ''if requested by the person''.'.
• Criminal Justice Bill, 4th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 7 - Codes of practice (27 speeches)
    I beg to move amendment No.64, in clause 7, page 5, line 14, after 'must', insert 'publish it online one calendar month before he intends to lay it before Parliament and'.
  • Schedule 1 - Amendments related to Part 1 (2 speeches)
    Question proposed, That this schedule be the first schedule to the Bill.
  • Clause 9 - Power of arrest for possession of Class C drugs (55 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 10 - Drug testing for under-eighteens (48 speeches)
    I beg to move amendment No. 21, in clause 10, page 6, line 29, leave out '14' and insert '12'.
  • Clause 11 - Grant and conditions of bail (13 speeches)
    I beg to move amendment No. 138, in clause 11, page 7, line 38, leave out subsection (c).
  • Clause 12 - Offences committed on bail (4 speeches)
    I beg to move amendment No. 37, in clause 12, page 8, line 39, leave out from 'offence' to end of line 44.
  • Clause 13 - Appeal to Crown Court (7 speeches)
    I beg to move amendment No. 39, in clause 13, page 9, line 11, at end insert— '(ca) section 24C of that Act (intention as to plea by child or young person: adjournment),'.
• Criminal Justice Bill, 5th sitting (2 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 14 - Appeals to High Court (3 speeches)
    I beg to move amendment No. 40, in clause 14, page 10, line 3, after 'bail)' insert— '(a) after ''Where'' there is inserted ''(a)'', and (b)'
  • Clause 15 - Appeals by prosecution (9 speeches)
    I beg to move amendment No. 26, in clause 15, page 10, line 37, after 'imprisonment', insert 'for two years or more'. First, I associate myself with the Minister's response to the information...
  • Clause 16 - Drug users: restrictions on bail (53 speeches)
    I beg to move amendment No. 100, in clause 16, page 11, line 24, after 'conducted' insert 'in premises notified by the Secretary of State in pursuance of subsection (6C)(a) above'.
  • Clause 17 - Interpretation of Part 2 (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 18 - Conditional cautions (33 speeches)
    I beg to move amendment No. 141, in clause 18, page 13, line 11, after 'caution', insert 'in respect of an offence and in lieu of criminal proceedings'.
  • Clause 19 - The five requirements (4 speeches)
    I beg to move amendment No. 126, in clause 19, page 13, line 33, after 'admits', insert 'having taken or refused to take legal advice'.
  • Schedule 2 - Charging or release of persons in police detention (0 speeches)
    Amendments made: No.154, in schedule 2, page 154, line 11, leave out 'but on bail' and insert 'and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision...
  • Clause 25 - Further provision about new method (0 speeches)
    Amendments made: No.179, in clause 25, page 16, line 8, at end insert— '(1A) Without limiting subsection (1), the provision which may be made by virtue of that subsection includes...
• Criminal Justice Bill, 6th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 27 - Initial duty of disclosure by prosecutor (9 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 28 - Defence disclosure (39 speeches)
    I beg to move amendment No. 185, in clause 28, page 17, line 18, after 'party', insert 'after having heard representations from all parties'.
  • Clause 29 - Notification of intention to (20 speeches)
    I beg to move amendment No. 195, in clause 29, page 18, line 36, leave out 'must' and insert 'may'.
  • Clause 30 - Notification of names of experts (20 speeches)
    I beg to move amendment No. 200, in clause 30, page 19, line 22, leave out 'must' and insert 'may'.
  • Clause 31 - Further provisions about defence disclosure (13 speeches)
    I beg to move amendment No. 193, in clause 31, page 20, line 10, after 'party', insert 'having heard representations from all parties'.
  • Clause 32 - Continuing duty of prosecutor to disclose (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 33 - Application by defence for disclosure (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 34 - Faults in defence disclosure (4 speeches)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 7th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 36 - Application by defendant for trial to be conducted without jury (89 speeches)
    Amendment proposed: No. 285, in clause 36, page 23, line 29, at end add 'giving their reasons for the application.'.—[Mr. Allen.]
• Criminal Justice Bill, 8th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 36 - Trials on indictment without a jury (21 speeches)
    Question proposed [this day], That the clause stand part of the Bill. Question again proposed.
  • Clause 37 - Application by prosecution for (48 speeches)
    I beg to move amendment No. 205, in clause 37, page 24, line 29, leave out from 'he' to 'but' in line 30 and insert 'may, subject to subsection (6), make an order— (a) specifying that...
  • Clause 38 - Application by prosecution for trial to be (33 speeches)
    I beg to move amendment No. 256, in clause 38, page 25, line 12, leave out 'satisfied' and insert 'sure.'.
• Criminal Justice Bill, 9th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 62 - Cases that may be retried (136 speeches)
    I beg to move amendment No. 343, in clause 62, page 38, line 19, leave out 'a qualifying' and insert 'an'.
• Criminal Justice Bill, 10th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 62 - Cases that may be retried (106 speeches)
    Amendment moved [this day]: No. 342, in clause 62, page 38, line 38, leave out subsections (4) and (5).—[Mr. Grieve.] Question again proposed, That the amendment be made.
  • Schedule 4 - Qualifying offences for purposes of part 10 (16 speeches)
    Question proposed, That this schedule be the fourth schedule to the Bill.
  • Clause 63 - Application to Court of Appeal (54 speeches)
    I beg to move amendment No. 303, in clause 63, page 39, line 12, leave out 'quashing' and insert 'suspending'. The clause provides a mechanism by which the application to the Court of Appeal is...
  • Clause 64 - Determination by Court of Appeal (5 speeches)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 11th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 64 - Determination by Court of Appeal (1 speech)
    Question proposed [16 January], That the clause stand part of the Bill. Question again proposed.
  • Clause 65 - New and compelling evidence (57 speeches)
    I beg to move amendment No. 351, in clause 65, page 40, line 5, leave out 'and compelling' and insert ', reliable and substantial'.
• Criminal Justice Bill, 12th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 65 - New and compelling evidence (13 speeches)
    Amendment moved [this day]: No. 308, in clause 65, page 40, line 17, leave out subsection (5).—[Mr. Grieve.]
  • Clause 66 - Interests of justice (42 speeches)
    I beg to move amendment No. 266, in clause 66, page 40, line 29, leave out paragraph (a) and insert— '(a) whether a fair trial pursuant to the order would occur;'.
  • Clause 67 - Procedure and evidence (3 speeches)
    I beg to move amendment No. 341, in clause 67, page 41, line 11, after 'present,' insert 'and public funding must be available to allow for the defendant to be represented'. The amendment makes...
  • Clause 68 - Appeals (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 69 - Restrictions on reporting (21 speeches)
    I beg to move amendment No. 381, in clause 69, page 42, line 3, after 'publication', insert 'appearing anywhere in the United Kingdom.'.
  • Clause 70 - Offences in connection with reporting (37 speeches)
    I beg to move amendment No.355, in clause 70, page 42, line 42, leave out 'or publisher' and insert ', publisher or distributor'.
  • Clause 71 - Retrial (8 speeches)
    I beg to move amendment No. 358, in clause 71, page 43, line 35, leave out '2 months' and insert 'one month'. We now come to consider the procedure for retrial. Because the order comes right at...
  • Clause 72 - Authorisation of investigations (13 speeches)
    I beg to move amendment No.383, in clause 72, page 44, line 33, at end insert 'and (c) has sought leave from a judge of the Crown Court on an ex parte application.'.
  • Clause 73 - Urgent investigative steps (50 speeches)
    I beg to move amendment No. 319, in clause 73, page 45, line 22, leave out 'superintendent or above' and insert 'chief constable'.
  • Clause 77 - Bail and custody during and after hearing (15 speeches)
    I beg to move amendment No. 386, in clause 77, page 49, line 2, at end add— '(b) in the event of the acquittal of the defendant on any retrial, he should be entitled to compensation for any...
  • Clause 80 - Interpretation of part 10 (4 speeches)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 13th sitting (1 speech)
  [Mr. Eric Illsley in the Chair]
  • Clause 81 - ''Bad character'' (111 speeches)
    I beg to move amendment No. 467, in clause 81, page 50, line 10, after 'which', insert 'clearly'.
  • Clause 82 - Abolition of common law rules (2 speeches)
    In one sentence, we shall vote against the clause because we do not believe that the present law should be done away with until there is a satisfactory alternative.
• Criminal Justice Bill, 14th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 82 - Abolition of common law rules (3 speeches)
    Question proposed [this day], That the clause stand part of the Bill. Question again proposed.
  • Clause 83 - Non-defendant's bad character (13 speeches)
    I beg to move amendment No. 387, in clause 83, page 50, line 33, at end insert 'or— (ba) it is important to establishing whether or not a witness is to be believed.'.
  • Clause 84 - Defendant's bad character (53 speeches)
    I beg to move amendment No. 325, in clause 84, page 51, line 29, leave out 'bad character' and insert 'previous convictions'.
• Criminal Justice Bill, 15th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 98 - Admissibility of hearsay evidence (65 speeches)
    I beg to move amendment No. 403, in clause 98, page 57, line 20, leave out 'admissible' and insert 'not to be admitted'.
  • Clause 99 - Statements and matters stated (24 speeches)
    I beg to move amendment No. 375, in clause 99, page 58, line 17, at end add— '(4) A statement of opinion is only admissible if the opinion would have been admissible as oral evidence in...
  • Clause 100 - Cases where a witness is unavailable (4 speeches)
    I beg to move amendment No. 523, in clause 100, page 58, line 38, at end insert 'but only after such steps as may reasonably be taken to address that fear have been taken'. This is a crucial...
• Criminal Justice Bill, 16th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 100 - Cases where a witness is unavailable (43 speeches)
    Amendment proposed [this day]: No. 523, in clause 100, page 58, line 38, at end insert 'but only after such steps as may reasonably be taken to address that fear have been taken'.—[Mr....
  • Clause 101 - Business and other documents (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 102 - Preservation of certain common law categories of admissibility (3 speeches)
    I beg to move amendment No. 411, in clause 102, page 61, line 38, at end insert— 'Recent complaint{**qc**} 9 Any rule of law under which in criminal proceedings for an offence of a sexual...
  • Clause 103 - Inconsistent statements (12 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 104 - Other previous statements of witnesses (5 speeches)
    I beg to move amendment No. 413, in clause 104, page 62, line 24, leave out subsection (4).
  • Clause 105 - Multiple hearsay (6 speeches)
    I beg to move amendment No. 418, in clause 105, page 63, line 9, leave out from 'deceased)''' to end of line 9 and insert 'only a statement by a person to whom the original statement was made is...
  • Clause 109 - Stopping the case where evidence (53 speeches)
    I beg to move amendment No. 419, in clause 109, page 64, line 41, leave out 'before a judge and jury'.
  • Clause 110 - Court's general discretion (18 speeches)
    I beg to move amendment No. 400, in clause 110, page 65, line 32, leave out 'may' and insert 'must'.
  • Clause 112 - Confessions (9 speeches)
    I beg to move amendment No. 401, in clause 112, page 67, line 13, leave out 'on the balance of probabilities'. The clause provides for dealing with confessions. In particular, subsection (3)...
  • Clause 119 - Armed forces (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 120 - Repeals etc (3 speeches)
    I beg to move amendment No. 526, in clause 120, page 70, line 24, at end insert— '(1A) In the Criminal Procedure and Investigations Act 1996 (c.25), in Schedule 2 paragraphs 1(4) and 2(4)...
  • Clause 121 - Evidence by video recording (22 speeches)
    I beg to move amendment No. 527, in clause 121, page 71, line 18, leave out 'it appears to the court' and insert 'the court is satisfied'.
  • Clause 122 - Video evidence: further provisions (8 speeches)
    I beg to move amendment No. 528, in clause 122, page 72, line 5, leave out paragraph (b). This is a probing amendment about partial, as opposed to total, video film being shown. Paragraph (b) is...
  • Clause 123 - Use of documents to refresh memory (9 speeches)
    I beg to move amendment No. 432, in clause 123, page 72, line 25, after 'been', insert 'substantially reliable at that time and'.
  • Clause 124 - Interpretation of Chapter 3 (6 speeches)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 17th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 126 - Purposes of sentencing (107 speeches)
    I beg to move amendment No. 516, in clause 126, page 73, line 15, at beginning insert 'Judges shall have discretion in the determination of all sentences. However,'.
• Criminal Justice Bill, 18th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 126 - Purposes of sentencing (43 speeches)
    Amendment proposed [this day]: No. 516, in clause 126, page 73, line 15, at beginning insert 'Judges shall have discretion in the determination of all sentences. However,'.—[Mr. Allen.]...
  • Clause 127 - Determining the seriousness of an offence (41 speeches)
    I beg to move amendment No. 594, in clause 127, page 73, line 37, after 'offence', insert 'and all the surrounding circumstances'.
  • Clause 128 - Reduction in sentences for guilty pleas (17 speeches)
    I beg to move amendment No. 604, in clause 128, page 74, line 25, after ''guilty'', insert ''or made a full admission to the police''. There is provision in this part of the Bill for reduction...
  • Clause 129 - Increase in sentences for racial or religious aggravation (17 speeches)
    I beg to move amendment No.605, in clause 129, page 74, line 38, leave out from first 'factor' to 'and' in line 39. This is a simple matter. Lawyers are fond of saying that words are ''otiose''...
  • Clause 130 - Meaning of ''community sentence'' etc. (1 speech)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 19th sitting (7 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 130 - Meaning of ''community sentence'' etc. (7 speeches)
    Question proposed [30 January], That the clause stand part of the Bill. Question again proposed.
  • Clause 131 - Restrictions on imposing community sentences (5 speeches)
    I beg to move amendment No. 606, in clause 131, page 75, line 24, after first 'offence', insert 'and the circumstances of the offender'.
  • Clause 132 - Passing of community sentence on offender remanded in custody (4 speeches)
    I beg to move amendment No. 672, in clause 132, page 75, line 38, leave out 'may' and insert 'must'. The clause deals with the passing of a community sentence on an offender who has been...
  • Clause 133 - Community sentence not available where sentence fixed by law etc. (3 speeches)
    I beg to move amendment No. 609, in clause 133, page 76, line 4, at end insert 'save for offences under the Road Traffic Act'. The amendment may point to a rather huge gap in my knowledge. If...
  • Clause 134 - Community order for persistent offender previously fined (21 speeches)
    I beg to move amendment No. 610, in clause 134, page 76, line 15, leave out 'three' and insert 'two'. I return to the fray more determined than ever. My first thought on reading the clause was...
  • Clause 135 - General restrictions on discretionary custodial sentences (17 speeches)
    I beg to move amendment No. 611, in clause 135, page 77, line 3, leave out from 'that' to end of line 4 and insert 'only a custodial sentence can be justified'.
  • Clause 137 - General limit on magistrates' court's power to impose imprisonment (32 speeches)
    I beg to move amendment No. 647, in clause 137, page 77, line 23, leave out ''12 months'' and insert ''51 weeks''.
• Criminal Justice Bill, 20th sitting (2 speeches)
  [Mr. James Cran in the Chair]
  • Clause 137 - General limit on magistrates' court's (22 speeches)
    Amendment moved [this day]: No. 614, in clause 137, page 77, line 40, at end insert— '(9) A magistrates' court, if satisfied that failure to pay a fine or part thereof is due to wilful...
  • Clause 139 - Power to increase limits (32 speeches)
    I beg to move amendment No. 707, in clause 139, page 78, line 11, after 'and', insert 'subject to the restrictions on the Court of Appeal's ability to reduce sentences set out in section...
  • Clause 140 - Pre-sentence reports and other requirements (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 141 - Additional requirements in case of (8 speeches)
    Is not amendment No. 617 to be called on clause 141?
  • Clause 142 - Meaning of ''pre-sentence report'' (14 speeches)
    I beg to move amendment No. 543, in clause 142, page 80, line 8, leave out 'in writing'.
  • Clause 143 - Disclosure of pre-sentence reports (37 speeches)
    Amendment made: No. 544, in clause 143, page 80, line 22, at end insert 'other than a report given orally in open court'.—[Hilary Benn.]
• Criminal Justice Bill, 21st sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 145 - Pre-sentence drug testing (78 speeches)
    I beg to move amendment No. 652, in clause 145, page 81, line 11, leave out '14' and insert '18'. We move on to the extension of pre-sentence drug testing to people aged between 14 and 18. The...
  • Clause 148 - Fixing of Fines (16 speeches)
    I beg to move amendment No. 627, in clause 148, page 82, line 42, at end insert 'and the circumstances of the offender'.
  • Clause 149 - Remission of fines (5 speeches)
    I beg to move amendment No. 623, in clause 149, page 83, line 21, leave out from 'circumstances' to end of line 26 and insert 'the Court is of the opinion that it would be appropriate to remit...
  • Clause 150 - Savings for powers to mitigate sentences (5 speeches)
    I beg to move amendment No. 488, in clause 150, page 83, line 44, at end insert— '(1A) Section 135(2) does not prevent a court, after taking into account such matters, from passing a...
  • Clause 151 - The Sentencing Guidelines Council (14 speeches)
    I beg to move amendment No. 518, in clause 151, page 84, line 22, at end insert 'which shall include as deputy chairman the Secretary of State for Home Department, or a person whom he nominates...
• Criminal Justice Bill, 22nd sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 151 - The Sentencing Guidelines Council (25 speeches)
    Amendment moved [this day]: No.518, in clause 151, page 84, line 22, at end insert 'which shall include as deputy chairman the Secretary of State for Home Department, or a person whom he...
  • Clause 153 - Guidelines relating to sentencing and allocation (26 speeches)
    I beg to move amendment No. 539, in clause 153 page 85, line 20, at end insert— '(1A) The Sentencing Guidelines Council shall issue a list of Standard Band sentences for offences in...
  • Clause 154 - Functions of Sentencing Advisory Panel in relation to guidelines (3 speeches)
    I beg to move amendment No. 709, in clause 154, page 86, line 41, at end add— '(5) With respect to burglary, the sentencing advisory panel and the sentencing council must have regard to...
  • Clause 157 - Duty to give reasons for, (2 speeches)
    Amendment proposed: No. 550, in clause 157, page 87, line 37, leave out paragraph (a) and insert— '(a) where guidelines indicate that a sentence of a particular kind, or within a...
  • Schedule 7 - Breach, revocation or amendment (0 speeches)
    Amendments proposed: No. 571, in schedule 7, page 188, line 38, leave out from 'Schedule' to end of line 41 and insert— '(a) a requirement falling within any paragraph of section 160(1)...
  • Clause 166 - Restrictions on power to make intermittent custody order (0 speeches)
    Amendment proposed: No. 551 in clause 166, page 93, line 31, at end insert— '(3) In this section ''custodial period'', in relation to a sentence to which an intermittent custody order...
  • Schedule 8 - Revocation or amendment of custody plus orders and amendment of intermittent custody orders (0 speeches)
    Amendments proposed: No. 578, in schedule 8, page 200, line 36, leave out 'that petty sessions area' and insert 'the petty sessions area concerned'. No. 579, in schedule 8, page 201, line 17,...
  • Clause 173 - Periodic reviews of suspended sentence order (0 speeches)
    Amendment made: No. 552, in clause 173, page 97, line 27, leave out from '(2)(a)' to end of line 29 and insert— '(a) a community requirement falling within any paragraph of section...
  • Schedule 9 - Breach or amendment of suspended sentence order, and effect of further conviction (0 speeches)
    Amendments proposed: No. 583, in schedule 9, page 202, line 26, at end insert— ' ''the offender'', in relation to a suspended sentence order, means the person in respect of whom the...
  • Clause 192 - Alcohol treatment requirement (0 speeches)
    Amendments proposed: No. 694, in clause 192, page 109, line 6, leave out 'and'. No.695, in clause 192, page 109, line 8, at end insert 'and (c) that arrangements have been or can be made...
  • Clause 202 (0 speeches)
    Amendments proposed: No. 696, in clause 202, page 113, line 11, leave out paragraphs (a) and (b) and insert— '(a) the supervision of persons who are subject to relevant orders, (b)...
• Criminal Justice Bill, 23rd sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 204 - Meaning of ''specified offence'' etc. (19 speeches)
    I beg to move amendment No. 893, in clause 204, page 114, line 8, leave out 'a specified offence' and insert 'of a serious sexual or violent nature'.
  • Schedule 11 - Specified offences for purposes of Chapter 5 of Part 12 (22 speeches)
    I beg to move amendment No. 903, in schedule 11, page 212, line 5, leave out paragraph 11.
  • Clause 205 - Life sentence or imprisonment for public protection for serious offences (47 speeches)
    I beg to move amendment No. 684, in clause 205, page 114, line 25, leave out from 'a' to end of line 27 and insert 'substantial risk of his committing further specified offences involving a...
  • Clause 206 - Detention for life or detention for public protection for serious offences committed by those under 18 (6 speeches)
    Amendment made: No. 629, in clause 206, page 115, line 19, leave out from 'that' to 'be' in line 20 and insert 'an extended sentence under section 208 would not'.—[Hilary Benn.]...
  • Clause 207 - Extended sentence for certain violent or sexual offences: persons 18 or over (0 speeches)
    Amendments made: No. 630, in clause 207, page 115, line 38, leave out from 'offences' to end of line 43. No. 631, in clause 207, page 116, line 16, leave out 'nine' and insert...
  • Clause 208 - Extended sentence for certain violent or sexual offences: persons under 18 (0 speeches)
    Amendments made: No. 632, in clause 208, page 116, line 22, leave out 'other than a serious offence'. No. 633, in clause 208, page 116, leave out lines 28 to 31 and insert— '(ii)...
• Criminal Justice Bill, 24th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 217 - Meaning of ''fixed-term prisoner'' (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 218 - Power of court to recommend licence (9 speeches)
    I beg to move amendment No. 908, in clause 218, page 120, line 17, leave out 'particular' and insert 'reasonable'.
  • Clause 219 - The Parole Board (7 speeches)
    I beg to move amendment No. 909, in clause 219, page 121, line 10, leave out subsection (5).
  • Schedule 15 - The Parole Board: supplementary provisions (3 speeches)
    I beg to move amendment No. 726, in schedule 15, page 224, line 8, after 'held', insert 'part-time or full-time'. The schedule addresses the membership of the Parole Board. The amendment is a...
  • Clause 220 - Crediting of periods of remand in custody: (6 speeches)
    I beg to move amendment No. 725, in clause 220, page 122, line 3, leave out subsection (5). This deals with periods of remand in custody. I want to probe the Minister on the point. When it comes...
  • Clause 221 - Effect of direction under section 220 (0 speeches)
    Amendment made: No. 553, in clause 221, page 122, line 46, leave out 'or a custodial period'.—[Hilary Benn.] Clause 221, as amended, ordered to stand part of the Bill. Clause 222...
  • Clause 223 - Persons extradited to the United Kingdom (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 224 - Duty to release prisoners (17 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 225 - Power to release prisoners on licence (11 speeches)
    I beg to move amendment No. 554, in clause 225, page 124, line 33, leave out 'and' and insert 'to'.
  • Clause 226 - Release on licence of prisoner serving (1 speech)
    I beg to move amendment No. 564, in clause 226, page 125, line 38, leave out subsections (2) and (3) and insert— '(2) As soon as— (a) a prisoner to whom this section applies has...
  • Clause 227 - Power to release prisoners on (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 229 - Licence conditions (2 speeches)
    I beg to move amendment No. 565, in clause 229, page 127, line 3, at end insert— '(2A) For the purposes of subsection (2)(a)(i), any reference in the relevant court order to the licence...
  • Clause 231 - Curfew condition to be included in licence under section 225 (0 speeches)
    Amendment made: No. 567, in clause 231, page 128, line 9, at end insert— '(3A) Subsection (3) does not apply in relation to a released person to whom an intermittent custody order...
  • Clause 235 - Additional days for disciplinary offences (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 236 - Persons liable to removal from (3 speeches)
    I beg to move amendment No. 906, in clause 236, page 130, line 12, leave out from 'effect' to end of line 13. I have been reflecting on the wording of the amendment, and I am not sure whether it...
  • Clause 239 - Release on licence etc: (0 speeches)
    Amendments made: No. 569, in clause 239, page 132, line 22, leave out '16' and insert '17'. No. 570, in clause 239, page 132, line 27, leave out '16' and insert '17'.—[Hilary Benn.]...
  • Clause 240 - Alteration by order of relevant (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 16 - Deferment of service (7 speeches)
    I beg to move amendment No. 727, in schedule 16, page 227, line 20, at end insert 'in custody'.
  • Schedule 17 - Inclusion of drug treatment (26 speeches)
    I beg to move amendment No. 915, in schedule 17, page 230, line 41, at end insert, 'and (c) that his dependency upon, or propensity to misuse, drugs is related to his offending behaviour,...
  • Schedule 18 - Summary offences no longer punishable (11 speeches)
    I beg to move amendment No. 848, in schedule 18, page 233, line 19, at end insert— 'The offence under section 3 of the Vagrancy Act 1824 (c.83) (idle and disorderly persons) of causing or...
  • Schedule 19 - Increase in maximum term for (6 speeches)
    Amendments made: No. 863, in schedule 19, page 241, leave out lines 18 to 27 and insert— 'Railway Regulation Act 1840 In section 16 of the Railway Regulation Act 1840 (c.97)...
  • Clause 247 - Enabling powers: (0 speeches)
    Amendments made: No. 839, in clause 247, page 135, line 25, leave out subsections (1) and (2). No. 840, in clause 247, page 136, line 27, at end insert— '( ) Schedule (enabling powers:...
• Criminal Justice Bill, 25th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 248 - Increase in penalties for drug-related offences (39 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 250 - Sentencing: repeals (9 speeches)
    I beg to move amendment No.751, in clause 250, page 137, line 21, at end insert— '( ) sections 35 and 40 of the Crime (Sentences) Act 1997 (fine defaulters),'.
  • Clause 251 - Amendments relating to sentencing (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 21 - Amendments relating to sentencing (85 speeches)
    I beg to move amendment No. 758, in schedule 21, page 251, line 12, at end insert— 'Piracy Act 1837 (c.88) Section 3 of the Piracy Act 1837 (punishment for offence under certain...
  • Clause 252 - Interpretation of Part 12 (0 speeches)
    Amendments made: No. 699, in clause 252, page 138, line 19, leave out 'does not include a court-martial' and insert '(without more) does not include a service court'. No. 752, in clause...
  • Clause 256 - Reporting restrictions for (0 speeches)
    Amendments made: No. 748, in clause 256, page 141, line 11, at end insert— '(7A) In paragraphs (a) and (b) of section 41(1) (restrictions on reporting) for ''Great Britain'' there is...
• Criminal Justice Bill, 26th sitting (0 speeches)
  [Mr. Peter Pike in the Chair]
  • Schedule 22 - Jury service (113 speeches)
    I beg to move amendment No. 928, in schedule 22, page 266, line 17, after 'person', insert 'including members of the Royal Household and the Royal Family'. I welcome you to the Committee, Mr....
  • Clause 259 - Individual support orders (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 260 - Individual support orders: (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 261 - Parenting orders and referral orders (3 speeches)
    Question proposed, That the clause stand part of the Bill.
• Criminal Justice Bill, 27th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 262 - Arrangements for assessing etc risks posed by certain offenders (16 speeches)
    I beg to move amendment No. 746, in clause 262, page 145, line 28, leave out 'and'.
  • Clause 263 - Review of arrangements (7 speeches)
    I beg to move amendment No. 980, in clause 263, page 146, leave out lines 9 and 10. This is a probing amendment to ask the Minister to explain how the appointment of lay advisers works—I...
  • Clause 264 - Section 262: interpretation (10 speeches)
    I beg to move amendment No. 936, in clause 264, page 146, line 29, leave out 'an offence specified in Schedule 11' and insert 'a serious violent offence'.
  • Schedule 3 - Allocation of cases triable either way, and sending cases to the Crown Court etc (50 speeches)
    I apologise to the Committee that the amendment paper was printed incorrectly. I apologise especially to Mr. Heath, because his and Mr. Hughes's amendments were omitted.
  • Clause 49 - Meaning of ''terminating ruling'' (3 speeches)
    I beg to move amendment No. 940, in clause 49, page 31, line 37, leave out from 'termination' to end of line 41 and insert 'or stay of proceedings for the offence, or one or more of the...
• Criminal Justice Bill, 28th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • Clause 49 - Meaning of terminating ruling (35 speeches)
    Amendment proposed [this day]: No. 940, in clause 49, page 31, line 37, leave out from 'termination' to end of line 41 and insert 'or stay of proceedings for the offence, or one or more of the...
  • Clause 50 - Prosecution right of appeal (21 speeches)
    I beg to move amendment No. 985, in clause 50, page 32, line 6, leave out from 'evidence' to end of line 7. We now come to the even more interesting clause 50. Although colleagues will want to...
  • Clause 51 - Appeals against terminating rulings (21 speeches)
    I beg to move amendment No. 987, in clause 51, page 33, line 4, after 'adjournment', insert 'which shall be for a maximum of one day'. We come now to some vital issues, which are encompassed...
  • Clause 52 - Appeals against certain other rulings (0 speeches)
    Amendment made: No. 948, in clause 52, page 33, line 23, leave out subsection (4) and insert— '(4) Where a ruling relates to two or more offences— (a) any one or more of those...
  • Clause 53 - Expedited and non-expedited appeals (15 speeches)
    I beg to move amendment No. 989, in clause 53, page 33, line 37, leave out 'may' and insert 'must'.
  • Clause 54 - Continuation of proceedings for (0 speeches)
    Amendment made: No. 949, in clause 54, page 34, line 7, leave out subsections (2) and (3) and insert— '(2) Proceedings may be continued in respect of any offence which is not the subject...
  • Clause 55 - Determination of appeal by Court of Appeal (6 speeches)
    I beg to move amendment No. 950, in clause 55, page 34, line 19, leave out 'the termination of the hearing of'. This is a simple drafting amendment. It has been suggested that the word...
  • Clause 58 - Effect on time limits in relation (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 59 - Restrictions on reporting (3 speeches)
    I beg to move amendment No. 953, in clause 59, page 35, line 33, at end insert 'or'. This is a simple drafting amendment. As it stands, the clause could be interpreted to mean that the judge can...
  • Clause 60 - Offences in connection with reporting (7 speeches)
    I beg to move amendment No. 954, in clause 60, page 37, line 44, after 'of', insert— '(i) before the relevant date,'.
  • Clause 61 - Interpretation of Part 9 (0 speeches)
    Amendment made: No. 956, in clause 61, page 38, line 7, at end insert— '(1A) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal...
• Criminal Justice Bill, 29th sitting (0 speeches)
  [Mr.Eric Illsley in the Chair]
  • Clause 265 - Orders and rules (39 speeches)
    I beg to move amendment No. 111, in clause 265, page 147, line 31, at end add 'and— (c) may be exercised for the purpose of improving incentives for the collection of fines.'. The...
  • Schedule 25 - Further minor and consequential amendments (17 speeches)
    I beg to move amendment No. 44, in schedule 25, page 274, line 35, at end insert— '(1A) In subsection (1)(g) after ''examination)'' there is inserted '', section 52(5) of the Crime and...
  • Schedule 26 - Repeals (3 speeches)
    Amendments made: No. 47, in schedule 26, page 279, line 39, column 2, leave out '22(3),' and insert '22, in subsection (1) the words ''subject to section 25 of the Criminal Justice and Public...
  • Clause 268 - Supplementary and consequential provision, etc. (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 24 - Transitory, transitional and saving provisions (5 speeches)
    Amendments made: No. 591, in schedule 24, page 274, line 1, leave out '16' and insert '17'. No. 592, in schedule 24, page 274, line 6, leave out '16' and insert '17'.—[Hilary Benn.]...
  • Clause 269 - Provision for Northern Ireland (8 speeches)
    I beg to move amendment No. 960, in clause 269, page 149, line 4, after 'Part', insert '9 or'. Clause 269 extends parts of the Bill to Northern Ireland. Government amendment No. 960 adds part 9...
  • Clause 270 - Expenses (7 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 271 - Commencement (7 speeches)
    I beg to move amendment No. 966, in clause 271, page 149, leave out line 23. The amendment seeks to change the commencement of the provisions in clause 248 and schedule 20 relating to the...
  • Clause 272 - Extent (10 speeches)
    I beg to move amendment No. 711, in clause 272, page 149, line 35, at end insert— 'Section (Transfer of community orders to Scotland or Northern Ireland) and Schedule (Transfer of...
• Criminal Justice Bill, 30th sitting (0 speeches)
  [Mr. James Cran in the Chair]
  • New Clause 8 - Early release of fine defaulters (8 speeches)
    '(1) This section applies in relation to a person committed to prison— (a) in default of payment of a sum adjudged to be paid by a conviction, or (b) for contempt of court or any...
  • New clause 9 - Restriction on consecutive sentences for released prisoners (0 speeches)
    '(1) A court sentencing a person to a term of imprisonment may not order or direct that the term is to commence on the expiry of any other sentence of imprisonment from which he has been released...
  • New clause 13 - Transfer of community orders to Scotland or Northern Ireland (0 speeches)
    'Schedule (Transfer of community orders to Scotland or Northern Ireland) shall have effect.'.—[Hilary Benn.] Brought up, read the First and Second time, and added to the Bill.
  • New clause 19 - Power to impose unpaid work requirement or curfew requirement on fine defaulter (0 speeches)
    '(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court— (a) has power under Part 3 of the Magistrates' Courts Act 1980 (c.43) to issue...
  • New clause 20 - Fine defaulters: driving disqualification (0 speeches)
    '(1) Subsection (2) applies in any case where a magistrates' court— (a) has power under Part 3 of the Magistrates' Courts Act 1980 (c.43) to issue a warrant of commitment for default in...
  • New clause 21 - Execution of process between England (0 speeches)
    'Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) applies to any process issued under— paragraph 7(2) of Schedule 7,...
  • New clause 25 - Application of Part 7 to Northern Ireland (0 speeches)
    '(1) In its application to Northern Ireland this Part is to have effect— (a) subject to subsection (2), and (b) subject to the modifications in subsections (3) to (10). (2) This Part...
  • New clause 1 - Increase in sentences for illegal trade in endangered species (13 speeches)
    '(1) In sections 1(6) and 4(5) of the Endangered Species (Import and Export) Act 1976, for the word ''two'' in each place where it appears there is substituted ''five''. (2) In regulations...
  • New clause 14 - Duty of Probation Officers to consult with magistrates (No. 2) (12 speeches)
    'It shall be the duty of the chief officer of each probation area to establish consultation arrangements with local magistrates' courts committees and local communities, to assist the probation...
  • New clause 15 - Reports to households on the operation of the criminal justice system (31 speeches)
    'The Secretary of State may by order require police forces, the prison service, the probation service, judges and lay justices to make joint arrangements for the dissemination to each household...
  • New clause 17 - Duty of prison to rehabilitate (13 speeches)
    'It shall be the duty of the prison service to encourage the reform and rehabilitation of offenders, in particular through education and the development of social, emotional and behavioural...
  • New clause 22 - Adjustment of fines in line with inflation (4 speeches)
    'All fines operative under current statutes shall be automatically adjusted in line with inflation each year, and be rounded down to the appropriate £10 unit, with the date of coming into...
  • New clause 24 - Powers of confiscation (28 speeches)
    '(1) A police constable shall have specific powers to confiscate certain substances, including alcohol, cigarettes, cannabis and other controlled drugs, when in a public place, in order to help...
• Criminal Justice Bill, 31st sitting (2 speeches)
  [Mr. Eric Illsley in the Chair]
  • New clause 26 - Excluding the civil liability of the victims (38 speeches)
    '.—(1) A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence...
  • New clause 27 - Joint and several liability for death or serious injury of a child (27 speeches)
    '.—(1) In the circumstance where a child suffers death or serious injury while two people have responsibility for it, and it is not possible to establish which party was responsible for the...
• Criminal Justice Bill, 32nd sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • New Clause 27 - Joint and several liability for death or serious injury of a child (7 speeches)
    '.—(1) In the circumstance where a child suffers death or serious injury while two people have responsibility for it, and it is not possible to establish which party was responsible for the...
  • New Clause 28 - Preparation of prosecution cases (15 speeches)
    'No criminal case shall be listed for trial unless the presiding judge or magistrate is satisfied that the case file was complete and available to the prosecution at least 48 hours in...
  • New Clause 29 - Victim's compensation arrangements (7 speeches)
    '(1) Any sum awarded to a victim of crime by means of a Compensation Order shall be paid to the victim within 14 days of the award. (2) Magistrates' Courts Committees shall put in place...
  • New Clause 30 - Public accountability of criminal justice agencies (6 speeches)
    No.NC30, to move the following Clause:— 'It shall be the duty of the Chief Constable, the Chief Probation Officer, the local representative of the Director-General of the Prison Service...
  • New Clause 31 - Welfare of detained children (No.2) (7 speeches)
    '(1) It shall be the duty of— (a) the governor or controller of any institution in which persons under the age of 18 years are detained pursuant to a conviction, and (b) any person who is...
  • New Schedule 1 - Transfer of community orders to Scotland or Northern Ireland (0 speeches)
    Scotland 1 (1) Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may...
  • New Schedule 2 - Default orders: modification of provisions relating to community orders (0 speeches)
    General 1 Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default. Unpaid work requirement 2 (1) In its application to a default...
  • New Schedule 3 - Enabling powers: alteration of maximum penalties etc. (7 speeches)
    Plant Health Act 1967 1 (1) Section 3 of the Plant Health Act 1967 (c.8) (control of spread of pests in Great Britain) is amended as follows. (2) In subsection (4A), for ''three months'' there...