HL Deb 02 November 2004 vol 666 cc295-8

80 page 42, line 31, at end insert—

"32A(1) SECTION 47 OF THE CRIME (SENTENCES) ACT 1997 (POWER TO SPECIFY HOSPITAL UNITS) IS AMENDED AS FOLLOWS.

(2) Omit subsections (1)(d) and (2)(c).

(3) For subsection (4) substitute—

"(4) A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of—

  1. (a) section 5 of the Criminal Procedure (Insanity) Act 1964,
  2. (b) section 6 or 14 of the Criminal Appeal Act 1968,
    3. 296
  3. (c) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or
  4. (d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.""

81 page 43, line 6, at end insert—

"Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 132 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders: appeals etc), after subsection (4) insert—

"(4A) Where an order is made in respect of a person under subsection (3) or (4) above, the Court of Appeal or House of Lords shall make such order for the payment of a surcharge under section 161A of the Criminal Justice Act 2003, or such variation of the order of the Crown Court under that section, as is necessary to secure that the person's liability under that section is the same as it would be if he were being dealt with by the Crown Court."

In section 136 of that Act (power to order statement as to financial circumstances of parent or guardian), in subsection (1), for "or compensation" substitute ", compensation or surcharge".

(1) Section 137 of that Act (power to order parent or guardian to pay fine, costs or compensation) is amended as follows.

(2) In the heading, for "or compensation" substitute ", compensation or surcharge".

(3) After subsection ( 1 ) insert—

"(1A) Where but for this subsection a court would order a child or young person to pay a surcharge under section 161A of the Criminal Justice Act 2003, the court shall order that the surcharge be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

  1. (a) that the parent or guardian cannot be found; or
  2. (b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case."

(4) In subsection (3), for "subsections (1) and (2)" substitute "subsections (1) to (2)".

(1) Section 138 of that Act (fixing of fine or compensation to be paid by parent or guardian) is amended as follows.

(2) In the heading, for "or compensation" substitute ", compensation or surcharge".

(3) Before paragraph (a) of subsection (1) insert— (za) subsection (3) of section 161A of the Criminal Justice Act 2003 (surcharges) and subsection (4A) of section 164 of that Act (fixing of fines) shall have effect as if any reference in those subsections to the offender's means were a reference to those of the parent or guardian;".

In section 142(1) of that Act (power of Crown Court to order search of persons before it)—

  1. (a) before paragraph (a) insert—
  2. "(za) the Crown Court orders a person to pay a surcharge under section 161 A of the Criminal Justice Act 2003,";
  3. (b) in paragraph (d), for "or compensation" substitute ",compensation or surcharge"."

82 page 43, line 7, at end insert— 35A The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows. 35B Section 69 (duties in connection with victims of certain offences) (which is superseded by section (Victims of persons sentenced to imprisonment or detention)) is repealed.

83 page 43, line 8, leave out from "4" to "(offences"

84 page 43, leave out lines 16 to 22 and insert— 37 (1) Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

  1. (a) in the definition of "admitted to a hospital", for paragraph (c) substitute—
  2. "(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;";
  3. (b) in the definition of "detained in a hospital", for paragraph (e) substitute—
  4. "(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;";
  5. (c) in the definition of "restriction order", for paragraph (c) substitute—
(c) a direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;".

(3) After that subsection insert—

"(1A) A reference to a provision specified in paragraph (a) of the definition of "admitted to a hospital", "detained in a hospital" or "restriction order" includes a reference to the provision as it applies by virtue of—

  1. (a) section 5 of the Criminal Procedure (Insanity) Act 1964,
  2. (b) section 6 or 14 of the Criminal Appeal Act 1968,
  3. (c) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or
  4. (d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968."

In section 135 of that Act (interpretation: mentally disordered offenders), omit subsection (4)(c)."

85 page 43, line 32, at end insert— ( ) In paragraph 172, for "63" substitute "63A".

86 page 43, line 38, at end insert—

"39A In section 50 of that Act (application of Part 7 to Northern Ireland), in subsection (13), for paragraphs (a) to (c) substitute—

  1. "( a) for "section 4A of the Criminal Procedure (Insanity) Act 1964" substitute "Article 49A of the Mental Health (Northern Ireland) Order 1986", and
  2. (b) for "that section" substitute "that Article".""

87 page 44, line 2, at end insert—

"In section 151 of that Act (community order for persistent offender previously fined), in subsection (5), after "compensation order" insert "or a surcharge under section 161A".

In section 305 of that Act (interpretation of Part 12), in subsection (1), insert at the appropriate place— "compensation order" has the meaning given by section 130(1) of the Sentencing Act;"

88 Schedule 8, page 45, line 3, at end insert—

"Criminal Procedure (Insanity) Section 7.

Act 1964 (c.84) In section 8—
(a) the proviso to subsection (3);
(b) in subsection (4), the words from ", except" to "courts-martial,".
Schedule 2."

89 page 45, line 5, at end insert— Courts-Martial (Appeals) Act In Schedule 3, paragraph 3(b)." 1968 (c.20)

90 page 45, line 7, at end insert—

"In Schedule 1, paragraph 4(2)."

91 page 45, line 32, at end insert

"Armed Forces Act 1996 (c.46) Section 8.

Schedule 2."

92 page 45, line 35, at end insert—

"Crime (Sentences) Act 1997 In section 47—

(c.43) (a) in subsection (1), paragraph (d) and the word "or" preceding it;
(b) in subsection (2), paragraph (c) and the word "and" preceding it "

93 page 45, line 45, column 2, at beginning insert—

"Section 69."

94 page 45, line 46, at end insert—

"Sexual Offences Act 2003 (c. 42) Section 135(4)(c)."'

95 Schedule 9, page 47, line 4, after "Court" insert "or a court-martial"

96 Page 47, line 7, after "Appeal" insert "or the Courts-Martial Appeal Court"

97 Page 47, line 10, leave out paragraphs (a) and (b) and insert—

  1. "(a) sections (Procedure for determining fitness to plead: England and Wales) and (Procedure for determining fitness to be tried: Northern Ireland);
  2. (b) section 17 and Schedule 2;
  3. (c) section (Courts-martial etc) and Schedule (Unfitness to stand trial and insanity: courts-martial etc);"

98 Page 47, line 12, leave out "10 to 13" and insert "10A to 13, 32A"

99 Page 47, line 12, leave out "and 39" and insert ", 39 and 39A"

100 Page 47, line 17, at end insert— Section (Surcharge payable on conviction) applies only in relation to offences committed on or after the commencement of that section.

101 In the Title, line 4, after "offence," insert "to make provision for the payment of surcharges by offenders;"

102 Line 7, after "insanity;" insert "to make provision about the execution of warrants;"

103 Line 7, after "insanity;" insert "to make provision about the enforcement of orders imposed on conviction:"

104 Line 9, leave out "and"

>105 Line 10, after second "offences" insert "; and to make provision about the recovery of compensation from offenders"

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 80 to 105.

Moved, That the House do agree with the Commons in their Amendments Nos. 80 to 105.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.