Crime and Disorder Bill [Lords] — Racially-aggravated offences: England and Wales — 23 Jun 1998

As amended (in the Standing Committee), further considered .

(a) if the offender has been released by virtue of subsection (2), (3), (4) or (5) of section 75 above, at the beginning of the day on which it is passed;

(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released by virtue of that subsection.

(2) Where a court makes a detention and training order in the case of an offender who is subject to a sentence of detention in a young offender institution, the order shall take effect as follows--

(a) if the offender has been released under Part II of the 1991 Act, at the beginning of the day on which it is made;

(b) if not, either as mentioned in paragraph (a) above or, if the court so orders, at the time when the offender would otherwise be released under that Part.

(3) Subject to subsection (4) below, where at any time an offender is subject concurrently--

(a) to a detention and training order; and

(b) to a sentence of detention in a young offender institution,

he shall be treated for the purposes of sections 75 to 78 above, section 1C of the 1982 Act and Part II of the 1991 Act as if he were subject only to the one of them that was imposed on the later occasion.

(4) Nothing in subsection (3) above shall require the offender to be released in respect of either the order or the sentence unless and until he is required to be released in respect of each of them.

(5) Where, by virtue of any enactment giving a court power to deal with a person in a manner in which a court on a previous occasion could have dealt with him, a detention and training order for any term is made in the case of a person who has attained the age of 18, the person shall be treated as if he had been sentenced to detention in a young offender institution for the same term.'.-- [Mr. Michael.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Speaker:

With this, it will be convenientto discuss the following amendments: Government amendments Nos. 19, 23 to 25 and 88.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker:

With this, it will be convenient to discuss the following Government amendments: Nos. 47 to 50, 21, 22, 51, 106 and 53 to 57.

Motion and clause, by leave, withdrawn .

I beg to move amendment No. 74, in page 1, line 12, leave out '10' and insert '16'.

Mr. Deputy Speaker:

With this, it will be convenient to discuss the following:

Amendment, by leave, withdrawn .

Amendment made: No. 13, in page 2, line 21, leave out from 'protecting' to end of line 22 and insert

I beg to move amendment No. 75, in page 5, line 42, after 'area', insert

'including the behaviour of those under the age of criminal responsibility'.

Amendment, by leave, withdrawn.

Amendment made: No. 159, in page 14, line 9, leave out from 'authority"' to 'as' and insert 'means--

(a) in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;

(b) in relation to Wales, a county council or a county borough council;

"public place" has the same meaning'.-- [Mr. Michael.]

Amendments made: No. 14, in page 14, line 21, leave out 'has' and insert

'means a local authority within'.

No. 15, in page 14, line 22, at end insert

'or the Common Council of the City of London'.-- [Mr. Michael.]

I beg to move amendment No. 83, in page 19, line 20, after 'tenant', insert

', being a person whom the tenant could reasonably be expected to control,'.

Amendment, by leave, withdrawn.

I beg to move amendment No. 16, in page 22, line 27, leave out

'of, or association with members of,'

Amendment agreed to.

Amendments made: No. 17, in page 22, line 31, at end insert--

Amendment proposed: No. 10, in page 22, line 33, after 'race', insert 'religion,'.-- [Mr. Clappison.]

Question put, That the amendment be made:--

The House divided: Ayes 146, Noes 268.

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