Results 141–160 of 3194 for speaker:Lord Kingsland

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: moved Amendment No. 43: Clause 4, page 3, line 25, leave out subsection (3)

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: In moving Amendment No. 43, I will also speak to Amendments Nos. 44 and 46. These amendments are about a Henry VIII power in the Bill. The Secretary of State is being given power to amend other criminal justice primary legislation and, in particular, the Criminal Justice Act 2003. The Criminal Justice Act 2003, as the Committee is well aware, is an extremely large Act. As my noble friend Lord...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: On reflection, I am extremely sad that the Committee has been deprived of the noble Lord's wisdom. Perhaps I spoke too soon. However, I will keep my promise. I beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: moved Amendment No. 45: Clause 5, page 4, line 4, after "offender's" insert ", or his immediate family's,"

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I am not sure whether the noble Lord was in his place, though he may well have been, during the recent debate on the amendment tabled by the noble Earl, Lord Onslow. The amendment suggested that a specific criterion should be taken account of by a magistrate when considering a breach. This amendment raises a similar general point to the one made by the noble Earl and other Members of the...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I hope the noble Lord will forgive me if I say that I found his response somewhat suffocating. The point is really very simple. Let us suppose that the definition of "immediate family" is father or mother. I am not seeking to have this provision in the Bill; I would simply like to have a statement from the government Bench in relation to the religious beliefs of the child's father and mother....

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I was about to say that I was moving from suffocating to suffocated, but just in time the Minister came with a suitable cylinder of oxygen to save me. I am most grateful for the Minister saying that he will come back on this point and, in those circumstances, I gratefully beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: moved Amendment No. 47: Clause 5, page 4, line 12, at end insert "written"

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I think I can make this point very briefly, but it has gained added importance since our various discussions this afternoon about the consequences of breach. I know that it is normal practice that instructions are given in writing, but now it seems to me to be crucial that they are. Of course, it is always useful to have proper records of what the offender has been asked to do, but now it is...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I am always reluctant to fall foul of my honourable and learned friend in another place. If the Government are going to take the approach to breach that they have said they have, how can they not require in every case the details of the breach to be before the magistrate or judge in writing? The Minister says that national standards require it; but national standards are not always followed....

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I find the Minister's reply unusually unconvincing. If national standards are as effective as the noble Lord suggests, in 90 per cent of the cases, what I am asking for will be done anyway; it is the 10 per cent of cases that worry me. In those circumstances a magistrate will be placed in a very different position from the other 90 per cent. I see that the noble Lord is immovable on this...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: The more I listen to this superb debate, the more I am coming to the conclusion that the right place for the amendment to Clause 1 tabled by the noble Baroness, Lady Stern, is in Clause 9. I shall go no further than to say that I am extremely sympathetic to the amendments tabled by my noble friend Lord Onslow and the noble Lord, Lord Thomas. However, I wonder whether we ought to reflect...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: The noble Lord is being interrupted inordinately, but he did make a point about my construction of the convention. I disagree with the advice that the noble Lord has received about the CRC. The only way in which Clause 9 can possibly conform with the CRC is if new Section 142A(2) reads, "The court must have regard to the principle aims of the youth justice system, which are to prevent...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: There was a second issue that I raised about the conformity of Clause 9 with our international obligations, and that related to new Section 142A (4), on the purposes of sentencing. As I recall it, I asked the noble Lord how those four categories differed from the purposes of adult sentencing. On the face of it, there is nothing here that is specific to children, despite the fact that we have...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: Those are the principles, but these are the purposes of sentencing. It is quite a distinct matter from the previous clauses. What I am interested in is how these purposes differ from those for adult sentences.

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: No one could accuse you of that.

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: moved Amendment No. 68: Clause 9, page 7, line 22, after "of" insert "financial compensation or other appropriate"

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: After the wide-ranging debate on the previous group of amendments, I might well be accused of condescending to the particular in this amendment. Indeed, it is an amendment about a particular and clear matter. Financial compensation orders are not often used by the courts. Why is that so? There are some links here to reparation orders. Financial compensation orders could be an effective way of...

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: I am most grateful to the Minister for his reply. I could not have asked for a more constructive response to my amendment. In those circumstances I beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: We are most sympathetic to the animating theme which lies behind these amendments, although we have one or two hesitations about particular aspects of the detail. As I think that we have all said in the past two days, custody is known to be one of the least effective and most harmful of criminal justice disposals for children, with eight out of 10 reoffending within two years of release. I...


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