COMMONS AMENDMENT (Hansard, 22 July 1998)

§ Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 50. This group contains Amendments Nos. 50 to 53, 124 to 126, 144, 147 and 231. They are technical amendments to clarify provisions relating to reparation orders, action plan orders and a supervision orders. Amendments Nos. 50 and 52 adjust the clauses concerning reparation and action plan orders so that the two provisions properly refer to custodial sentences by including specific mention of Section 53(1) of the 1933 Act.

This means that a reparation or action plan order cannot be made when the court imposes a sentence under that subsection; namely, detention under Her Majesty's pleasure. Amendment No. 51 follows up a question during the Commons Committee stage about whether a compensation order should be available in conjunction with a reparation order. That was a well made argument and we decided to give it effect. That is what the amendment does.

Amendments Nos. 53, 126 and 147 clarify the position regarding a curfew order under Section 12 of the 1991 Act as a possible action for dealing with a breach of a supervision order, an action plan order or a reparation order. This ensures that proper arrangements are in place should an offender fail to comply with a curfew order which has been given because of a breach of one of the three orders which I mentioned.

998 Amendment No. 124 is a technical amendment relating to reparation orders and action plan orders given on appeal.

Schedule 5 deals with the enforcement, variation and discharge of reparation and action plan orders, the presence of the offender in court and on remand when such proceedings are on-going, and some further supplemental provisions.

Amendment No. 125 is a drafting amendment to correct a drafting error. Amendments Nos. 144 and 231 are technical amendments which affect the Criminal Appeals Act 1968.