Criminal Justice Bill — 14 Oct 2003 at 22:59

Clause 260 [Duty to release certain life prisoners]:

moved Amendments Nos. 212HZA and 212HZB:

Page 149, leave out lines 22 to 27 and insert-

"(1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner's sentence is a reference to the part of the sentence specified in the order." Page 149, line 28, after "(1B)(a)" insert-

"(a) for the words from the beginning to "applies" there is substituted "this section does not apply to him", and

(b)"

On Question, amendments agreed to.

Clause 260, as amended, agreed to.

Clause 261 agreed to.

Schedule 18 [Mandatory life sentences: transitional cases]:

moved Amendments Nos. 212HZC to 212HG:

Page 267, line 10, leave out "a mandatory life sentence" and insert "one or more mandatory life sentences"

Page 267, line 11, at end insert "(whether or not he is also serving any other sentence)"

Page 267, leave out lines 12 to 14 and insert-

""life sentence" means a sentence of imprisonment for life or custody for life passed in England and Wales or by a court-martial outside England and Wales; "mandatory life sentence" means a life sentence passed in circumstances where the sentence was fixed by law."

Page 267, line 16, after "who" insert "in respect of any mandatory life sentence"

Page 267, line 23, after "must" insert "in relation to the mandatory life sentence"

Page 267, line 33, after "prisoner" insert "in respect of the sentence"

Page 268, line 20, after "who" insert "in respect of any mandatory life sentence"

Page 268, line 25, at end insert "in relation to the mandatory life sentence"

Page 270, line 13, leave out paragraph 16 and insert-

"16 (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act 1997 (c. 43) has effect subject to the following modifications.

(2) Any reference to a life prisoner in respect of whom a minimum term order has been made includes a reference to-

(a) an existing prisoner in respect of whom an order under paragraph 3(1)(a) has been made, and

(b) an existing prisoner serving a sentence in respect of which paragraph 3(3) applies.

(3) Any reference to the relevant part of the sentence is to be read-

(a) in relation to a sentence in respect of which an order under paragraph 3(1)(a) has been made, as a reference to the part specified in the order, and

(b) in relation to a sentence in respect of which paragraph 3(3) applies, as a reference to the notified minimum term as defined by paragraph 3(4).

(4) In subsection (1B) (life prisoner serving two or more sentences), paragraph (a) is to be read as if it referred to each of the sentences being one-

(a) in respect of which a minimum term order or an order under paragraph 3(1)(a) has been made, or

(b) in respect of which paragraph 3(3) applies.

16A In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of Chapter 2 of that Act), in the definition of "life prisoner", the reference to a transferred prisoner as defined by section 258 of this Act includes a reference to an existing prisoner who immediately before the commencement date is a transferred life prisoner for the purposes of section 33 of that Act."

On Question, amendments agreed to.

Schedule 18, as amended, agreed to.

Clause 262 agreed to.

moved Amendment No. 212J:

Before Clause 263, insert the following new clause-

"REVIEW OF UNDULY LENIENT SENTENCES (INDECENT PHOTOGRAPHS OF CHILDREN)

Part IV of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) shall apply to any case in which sentence is passed on a person for any of the following offences-

(a) offences under the Protection of Children Act 1978 (c. 37);

(b) offences under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children);

(c) offences under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child);

(d) offences under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child);

(e) attempting to commit, or inciting the commission of, any of the offences described in paragraphs (a) to (d)."

On Question, Whether the said amendment (No. 212J) shall be agreed to?

Their Lordships divided: Contents, 24; Not-Contents, 39.

Debate in Parliament | Historical Hansard | Source |