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.

Debate in Parliament | Historical Hansard | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop1 04.0%
Con74 (+1 tell) 035.5%
Crossbench9 89.9%
Independent Labour1 0100.0%
Lab1 108 (+2 tell)59.4%
LDem39 (+1 tell) 062.5%
Other0 17.1%
Total:125 11736.6%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Baroness Boothroyd Crossbenchno
Lord Craig of RadleyCrossbench (front bench)no
Lord Hannay of ChiswickCrossbench (front bench)no
Lord Marsh Crossbenchno
Baroness Strange Crossbenchno
Viscount Tenby Crossbenchno
Lord Walpole Crossbench (front bench)no
Lord Williamson of HortonCrossbench (front bench)no
Lord Wedderburn of CharltonLabaye

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