I beg to move amendment No. 37, in

clause 12, page 8, line 39, leave out from 'offence' to end of line 44.

With this it will be convenient to take the following: Government amendment No. 38.

Amendment No. 139, in

clause 12, page 9, line 3, after 'bail', insert

'when considering the imposition of conditions on bail or remand in custody'.

Government amendments Nos. 37 and 38 correct an error in new paragraph 9AA. That paragraph provides that if a defendant is on bail in criminal proceedings on the date an offence was committed, the court is to give particular weight to that fact in deciding whether he or she would be likely to reoffend if released on bail.

As drafted, the paragraph requires that either the instant offence or that for which the defendant is already on bail should be imprisonable. However, as the schedule applies only to imprisonable offences, it is clear that the paragraph can apply only if the instant offence is imprisonable, so paragraph 9AA(1)(b) is redundant. The amendment simplifies and clarifies the new paragraph.

Amendment No. 139 was tabled by the hon. Member for Southwark, North and Bermondsey. I confess that I am not entirely clear as to its purpose, although we will no doubt hear about that in a moment. However, if the intention is to remind people of the context in which the decision is being taken, I understand the helpful intent. I hope that, from the framework within which those decisions have been taken, it will be clear that regard has been paid to whether to take a decision about remanding in custody or granting bail with conditions. Our view is that it is not necessary to add the amendment for those reasons. I hope that that is helpful.

I am grateful to the Minister for his pre-emptive strike at amendment No. 139. I speak on this issue with some difficulty, because I was one of those who campaigned quite vociferously a few years ago for adequate measures to deal with the so-called bail bandits. That was in a different life, when I was very conscious of the difficulties that they imposed on the

police force for which I had some responsibility in Avon and Somerset. I understand the arguments for provisions of that kind, and recognise that what is proposed is an attempt to ensure that there is no question about the present terms complying with the convention on human rights. That was drawn to our attention by the Law Commission.

Nevertheless, I fear that there is a danger of the balance going askew as a result of the wording of the provision—albeit improved by the Government amendments—in that, although there is not quite a reversal of the presumption of bail, it comes close to steering in that direction. It is questionable whether that would form the basis of a justiciable complaint under the Human Rights Act 1998. We are at pains to avoid that happening.

By expressly setting into the terms of the clause the option of conditions of bail, which the Minister has astutely identified as being the purpose of the amendment, we would make clear the context in which the decision is taken. There is no presumption of a refusal of bail. That was our sole intent, and I believe that it strengthens the provision. However, I understand his reluctance to accept added words that he feels are unnecessary. I do not agree, as there is still an element of doubt and it would be unfortunate if what was meant to be an improving amendment were interpreted as being a presumption against bail, rather than being a presumption of bail, which is the current situation. Unless he indicates that he would like to speak again, I am prepared to take what he said earlier as his response to amendment No. 139. Under those circumstances, I would be equally happy not to press the amendment to a vote, in the belief that we shall have the opportunity to discuss the matter at a later date.

Amendment agreed to.

Amendment made: No. 38, in

clause 12, page 8, line 39, leave out from 'defendant' to end of line 3 and insert

'was on bail in criminal proceedings on the date of the offence.' ''.—[Hilary Benn.]

Clause 12, as amended, ordered to stand part of the Bill