§ MINOR AND CONSEQUENTIAL AMENDMENTS
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Lords amendment:No. 234, in page 98, line 46, at end insert—
(2) The following subsection shall be added at the end of that section—
(3) For the purposes of this section—
(a) section 33 of the Criminal Justice Act 1982 (the standard scale of fines for summary offences); and
(b) an order under section 143 of the Magistrates' Courts Act 1980 which alters the sums specified in section 33(2) of the Criminal Justice Act 1982, shall extend to Northern Ireland.".
§ Mr. MayhewI beg to move, That this House doth agree with the Lords in the said amendment.
The amendment is consequential upon earlier provisions of the Bill.
§ Question put and agreed to.
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Lords amendment:No. 235, in page 98, line 46, at end insert—
Customs and Excise Act 1952 (c. 44)
. For section 283(5) of the Customs and Excise Act 1952 there shall be substituted the following subsection—
(5) The proviso to subsection (2) of this section shall not apply to Scotland; and in the application of the said subsection (2) to Scotland the maximum term of imprisonment which may be imposed on summary conviction in the sheriff court shall be 6 months, and the penalty for an offence which is triable only summarily by virtue of paragraph(b)of that subsection shall be that to which a person was liable on summary conviction of the offence immediately before 29th July 1977 (the date of the passing of the Criminal Law Act 1977) subject to any increase by virtue of Part IV of the Criminal Justice Act 1982.".
§ The Solicitor-General for ScotlandI beg to move, That this House doth agree with the Lords in the said amendment.
§ The Solicitor-General for ScotlandThe amendments are designed to solve problems that exist in relation to the mode of trial and penalties for offence under the Customs and Excise legislation.
§ Question put and agreed to.
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Lords amendment:No. 236, in page 99, line 29, after "custody"" insert
, and after the word "centre" where first occurring there shall be inserted the words "or a young offenders' institution"
§ The Solicitor-General for ScotlandI beg to move, That this House doth agree with the Lords in the said amendment.
Section 49(1) of the Prison Act 1952, which has application throughout the United Kingdom, makes provision for the arrest of persons unlawfully at large from sentences of imprisonment or detention in a detention centre imposed in Scotland. The provision has, however, never been amended to include persons unlawfully at large from sentences of detention in a young offenders' institution, and this amendment seeks to make good that omission.
§ Question put and agreed to.
§ Lords amendment No. 237 agreed to.
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Lords amendment:No. 238, in page 100, line 14, leave out paragraph 12 and insert—
12. The following subsections shall be substituted for subsections (4) to (7) of section 26 of that Act (transfer to serve sentence)—
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'(4) Subject to the following provisions of this section, a person transferred under this section to any part of the United Kingdom or to any of the Channel Islands or the Isle of Man there to serve his sentence or the remainder of his sentence shall be treated for purposes of detention. release, supervision, recall and otherwise as if that sentence (and any other sentence to which he may be subject) had been an equivalent sentence passed by a court in the place to which he is transferred.
(4A) A person who has been sentenced to a sentence of a length which could not have been passed on an offender of his age in the place to which he has been transferred, shall be treated for the purposes mentioned in subsection (4) of this section as the Secretary of State may direct.'
12A. The words 'youth custody centre' shall be substituted for the words 'Borstal institution' in section 29(1) (removal of prisoners etc. for judicial purpose) and section 30(3) (prisoners unlawfully at large) of that Act.
12B. In subsection (2) of section 32 of that Act (supervision and recall)—
(a) in paragraph (1) for the word 'section' there shall be substituted the words 'sections 206,';
(b) at the end there shall be added the following paragraphs—
'(f)section 15 of the Criminal Justice Act 1982;
(k)section 73(4), (5) and (6) of the Children and Young Persons Act (Northern Ireland) 1968.'.
12C. The words 'or of any authorised officer' shall be added at the end of section 33 of that Act (orders relating to transfers of prisoners and others to be under hand of the Secretary of State or of an Under-Secretary or Assistant Under-Secretary of State).").
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§ Mr. MayhewI beg to move. That this House doth agree with the Lords in the said amendment.
Mr. Deputy SpeakerWith this we may take Lords amendments Nos. 238A, 239, 264 to 266, 271, 282, 289 and 290.
§ Mr. MayhewThis amendment makes provision for the transfer of young offenders in custody between the various British jurisdictions consequential to part I of the Bill.
§ Question put and agreed to.
§ Lords amendments Nos. 238A to 241 agreed to.
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Lords amendment:No. 242, in page 102, line 38, at end insert—
20A. The following words shall be added at the end of section 15(1) of the Children and Young Persons Act 1969 (variation and discharge of supervision orders)—
or power to insert in the supervision order a requirement in pursuant of section 12(3C)(aa)of this Act in respect of any day which falls outside the period of 3 months beginning with the date when the order was originally made."
§ Mr. MayhewI beg to move, That this House doth agree with the Lords in the said amendment.
This amendment makes provisions consequential on the provisions in the Bill for the night restriction order.
§ Question put and agreed to.
§ Lords amendment; Nos. 243 to 251 agreed to.
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Lords amendment:No. 252, in page 107, line 35, at end insert—
41A. In section 77(2) of that Act (power to fix a term of imprisonment and postpone issue of warrant of distress) after the word "imprisonment" there shall be inserted the words "or detention under section 8 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default)".
§ Mr. MayhewI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. MayhewThese are minor and consequential amendments to the Magistrates' Courts Act 1980.
§ Question put and agreed to.
§ Lords amendments Nos. 253 and 254 agreed to.
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Lords amendment: No. 255, in page 108, line 37, at end insert—
Contempt of Court Act 1981 (c. 49)
50. The following subsection shall be inserted after subsection (2) of section 14 of the Contempt of Court Act 1981 (which relates to penalties for contempt and kindred offences in proceedings in England and Wales)—
(2A) In the exercise of jurisdiction to commit for contempt of court or any kindred offence the court shall not deal with the offender by making an order under section 17 of the Criminal Justice Act 1982 (an attendance centre order) if it appears to the court, after considering any available evidence, that he is under 17 years of age.".
§ Mr. MayhewI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. MayhewThis amendment imposes on the Crown court the same prohibition that already applies to magistrates' courts over making an attendance centre order on a juvenile who is in contempt. This is a consequential amendment necessitated by other provisions in the Bill.
§ Question put and agreed to.