Results 181–200 of 3194 for speaker:Lord Kingsland

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I do. In those circumstances, I beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: moved Amendment No. 90: After Clause 19, insert the following new Clause— "Increase in maximum term that may be imposed on summary conviction of offence triable either way Section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) shall come into force on the passing of this Act."

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I can be exceedingly telegraphic about this amendment. After Clause 19, we wish to introduce a clause entitled, "Increase in maximum term that may be imposed on summary conviction of offence triable either way". Section 282 of the Criminal Justice Act 2003, which provided for an increase in the maximum term that may be imposed on summary conviction of an offence triable either way, should...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I am of course grateful to the Minister for his reply, but this is a summary consideration of offences triable either way. There are advantages in magistrates rather than the Crown Court dealing with these matters. Given that offences are triable either way, it is only right that the magistrates should have larger powers of sentencing than they would otherwise have. The logic behind my...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: moved Amendment No. 91: Clause 20, leave out Clause 20 and insert the following new Clause— "Consecutive terms of imprisonment: maximum duration etc. (1) Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) For subsection (7) substitute— "(6A) Where a court imposes two or more terms of imprisonment in accordance with...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: This is not as dramatic a proposal as my previous one. It is a more nuanced approach to a provision in the Bill concerning consecutive terms of imprisonment. We suggest that the Government kindly leave out Clause 20 and insert this new clause. It is simply another attempt to encourage the Government to give the courts greater discretion than they appear inclined to do. We are perfectly...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: The Minister makes it sound as though I just made a major attack on the magistracy. That is surely not the case. I do not need to say all the things that the noble Lord has said about the magistrates for it to be absolutely clear that we on this side of the Committee are sterling supporters of the magistracy, and have been since time immemorial. I confess that I had not understood that the...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: In that case, why is custody plus the main reason for opposing my amendment?

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: So the real reason is not custody plus; it is because the Minister thinks that more people would be sent to prison as a result of our amendment.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I must admit, I find myself in a state of deep occlusion. I believe that the only way that I can clear it is by testing the opinion of the House.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: Clauses 21 to 23 concern curfew on remand being used as custodial time. We are concerned at the proposal to credit time spent on an electronic tag against a subsequent custodial sentence. Bail conditions are not imposed as punishment and cannot be considered as part of an eventual sentence. A qualifying curfew condition requires a curfew of not less than nine hours, so one of, say, eight and...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I cannot fault the Minister on the clarity of his response, which I entirely understand although I completely disagree with it. I think the public will find this unacceptable, and I am surprised that the Government have not thought that aspect of the proposal through. It would be much more understandable if people in a bail hostel were allowed to use part of their time there as a set-off...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: moved Amendment No. 92: Clause 27, page 19, line 17, at end insert— "( ) For the avoidance of doubt, there is a rebuttable presumption that any prisoner liable to removal will be removed from the United Kingdom following his release without prejudice to any existing rights not to be, or protections from being, removed under British or European Union law."

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: We come now to Clause 27 and the removal of foreign nationals. I hope we can have a constructive debate, because I think we share the Government's approach to this matter. There are over 10,000 foreign nationals in prison in the United Kingdom at the moment, which is a substantial percentage of the total number of those in prison, although deportation went up last year. The figure quoted in...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I am most grateful to the Minister for his reply. Could he say something more on uncertainty about removal dates? To take up the extremely helpful contribution of the noble Lord, Lord Ramsbotham, surely it should be possible for a certain amount of planning to take place when the prison sentence of someone who has also been sentenced to deportation is approaching its end. I am not sure...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: The Minister's reply suggests that the most important part of the problem is administrative co-ordination, rather than a lack of particular legal powers to act. I am most grateful to him for offering to send this protocol. I am sure that I shall find it most interesting reading. I understand that certain prisoners need to be kept in secure accommodation until the last minute. Nevertheless, it...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: It certainly suggests a degree of boredom very close to sleep.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I am most grateful. It is extremely satisfying that we have been able to end on such a harmonious note. I beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: My Lords, I shall make no observations about my noble friend's intervention. We quite understand the reasons why the Government wish to get their Bill by 8 May. We are extremely pleased that they have decided to drop Clause 42 which, as the Minister well knows, we regard as deeply pernicious. We also think the Government are wise to drop Clauses 123 to 125, which concern certain aspects of...

Criminal Justice and Immigration Bill (27 Feb 2008)

Lord Kingsland: moved Amendment No. 93: Clause 29, page 20, line 14, at end insert ", subject to the agreement of a Crown Court judge"


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