Clause 38
Policing and Crime Bill
11:15 am
Hugh Bayley (City of York, Labour)
With this it will be convenient to discuss the following: Amendment 115, in clause 36, page 33, line 27, at end insert
‘provided that the Court shall only extend the period of detention under Clause 47J by such period as it considers reasonable and proportionate’.
Amendment 116, in clause 36, page 33, line 36, leave out subsection (5).
Amendment 117, in clause 36, page 33, line 40, at end insert—
‘47MA Right of third parties to make representations
(1) The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before making an order under section 47M if it considers that the making of the order would be likely to have a significant adverse effect on that person.
(2) The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of an order under section 47M if it considers that—
(a) the variation of the order; or
(b) a decision not to vary it;
would be likely to have a significant adverse effect on that person.
(3) The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of an order under section 47M if it considers that—
(a) the discharge of the order; or
(b) a decision not to discharge it;
would be likely to have a significant adverse effect on that person.
(4) The Court of Appeal when considering an appeal in relation to an order under section 47M must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person were given an opportunity to make representations in the proceedings which are the subject of the appeal.’.
Amendment 118, in clause 36, page 34, line 21, leave out ‘magistrates’ court’ and insert ‘Crown Court’.
Amendment 119, in clause 36, page 34, line 23, leave out ‘Crown Court’ and insert ‘Court of Appeal’.
Amendment 120, in clause 36, page 34, line 25, leave out ‘Crown Court’ and insert ‘Court of Appeal’.
Amendment 121, in clause 36, page 34, line 26, leave out ‘magistrates’ court’s’ and insert ‘Crown Court’s’.
Amendment 122, in clause 36, page 34, line 29, leave out subsection (3).