Serious Organised Crime and Police Bill – in a Public Bill Committee at 2:45 pm on 13 January 2005.
Dominic Grieve
Shadow Attorney General
2:45,
13 January 2005
I beg to move Amendment No. 205, in Clause 72, page 42, line 15, leave out 'convicted' and insert 'sentenced'.
This is a probing amendment. I am a little puzzled by subsection (3), which states:
''if the order was made on appeal, the application must be made to the court which originally convicted the person in respect of whom the order was made.''
Surely the application needs to be made to the court that originally sentenced the person: the convicting court and the sentencing court will not necessarily be one and the same. It would be most undesirable if a person convicted in the magistrates court and committed to the Crown court for sentence ended up back in the magistrates court. It seems desirable, if possible, that the judge who originally imposed the sentence should hear the case. I would be glad to hear whether the Minister thinks that there is any substance in my proposal.
Caroline Flint
Parliamentary Under-Secretary (Home Office)
I have some sympathy with the hon. Gentleman's proposal. He is right to point out that offenders are not always sentenced by the same court that convicted them. We are considering tabling some amendments dealing with the use of financial reporting orders in Northern Ireland, and I will consider whether the present area could be better informed as well. On that basis, I ask him to withdraw the Amendment.
Jonathan Djanogly
Shadow Minister (Home Affairs)
Briefly, the Clause provides for the variation or revocation of an FRO. The criminal who is reporting can make such an application, but how many times will an offender be able to make such an application? In effect, it is an appeal. We would not want the courts clogged up with people appealing repeatedly against an FRO. Could the Crown be awarded costs in respect of an offender's failed appeal?
Caroline Flint
Parliamentary Under-Secretary (Home Office)
If the hon. Gentleman will bear with me, I shall write to him. He makes a good point. We do not want mischievous appeals, and we need some sort of operational structure, both for those who have to comply with FROs and for those who need to vary them, such as probation officers and others. I shall get some details about that. I told that it is a matter for the rules of the court, but I shall consider the matter.
Question put and agreed to.
Clause 72 ordered to stand part of the Bill.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
