Criminal Justice and Immigration Bill — 7 May 2008 at 16:26
commons amendments AND REASONS
<[i>The page and line references are to Bill 16 as first printed for the Lords.]
Motion A
Leave out Clause 10
The Commons disagree to Lords Amendment 9, but propose the following Amendment to the words restored to the Bill-
Page 8, line 33, at end insert-
"(2) After that section insert-
"189A Power to suspend the operation of section 189(1A) and (1B)
"(1) The Secretary of State may by order suspend the operation of subsections (1A) and (1B) of section 189, so that the power to suspend a sentence of imprisonment becomes exercisable again in relation to summary offences committed after the order comes into force.
(2) Where the operation of those subsections has been suspended, the Secretary of State may by order revoke the order under subsection (1) so that those subsections again have effect (in relation to summary offences committed after the order under this subsection comes into force).
(3) The powers conferred by this section may each be exercised once only."
(3) In section 330(5) of that Act (orders subject to affirmative procedure) insert, at the appropriate place, "section 189A"."
Page 317, line 32, leave out paragraph 8
The Commons disagree to Lords Amendment 301, but propose the following Amendment to the words restored to the Bill-
Page 317, line 43, at end insert-
"(4) The Secretary of State may by order suspend the operation of subsections (1A) and (1B) of section 189 of the Criminal Justice Act 2003 as they apply to a relevant service court (by virtue of this section and section (Effect of amendments to criminal justice provisions applied for purposes of service law) of the Criminal Justice and Immigration Act 2008), so that the power to suspend a sentence of imprisonment becomes exercisable again in relation to offences mentioned in subsection (3)(a) above committed after the order comes into force.
(5) Where the operation of those subsections as they apply to a relevant service court has been suspended, the Secretary of State may by order revoke the order under subsection (4), so that they again have effect (in relation to offences mentioned in subsection (3)(a) committed after the order under this subsection comes into force).
(6) The powers conferred by subsections (4) and (5) may each be exercised once only."
(2) In section 373(3) (orders etc. subject to affirmative procedure), after paragraph (c) insert-
"(ca) an order under section 196(4) or (5),"."
Page 338, line 11, leave out paragraph 8
The Commons disagree to Lords Amendment 327, but propose the following Amendment to the words restored to the Bill-
Page 338, line 14, after "10" insert "(1)"
rose to move Motion A1, as an amendment to Motion A, to leave out from "House" to end and insert "do insist on its Amendments Nos. 9, 301 and 327.
On Question, Whether the said Motion (No. A1) shall be agreed to?
Their Lordships divided: Contents, 227; Not-Contents, 151.
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