Criminal Justice Bill — 5 Nov 2003 at 16:56
[Amendments Nos. 199 to 201 not moved.]
moved Amendment No. 201A:
After Clause 128, insert the following new clause-
"INCREASE IN SENTENCE FOR OFFENCE AGGRAVATED BY REFERENCE TO DISABILITY OR SEXUAL ORIENTATION
(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2) Those circumstances are-
(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on-
(i) the sexual orientation (or presumed sexual orientation) of the victim, or
(ii) a disability (or presumed disability) of the victim, or
(b) that the offence is motivated (wholly or partly)-
(i) by hostility towards persons who are of a particular sexual orientation, or
(ii) by hostility towards persons who have a disability or a particular disability.
(3) The court-
(a) must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and
(b) must state in open court that the offence was committed in such circumstances.
(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5) In this section "disability" means any physical or mental impairment."
On Question, amendment agreed to.
[Amendment No. 201B not moved.]
Clause 136 [General limit on magistrates' court's power to impose imprisonment]:
moved Amendment No. 202:
Page 82, line 21, at end insert-
"(8) This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."
On Question, Whether the said amendment (No. 202) shall be agreed to?
Their Lordships divided: Contents, 129; Not-Contents, 120.
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