Clause 130 - Meaning of ''community sentence'' etc.

Criminal Justice Bill – in a Public Bill Committee am 5:00 pm ar 30 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Humfrey Malins Humfrey Malins Ceidwadwyr, Woking

I have a few questions for the Minister. I do not expect him to respond to them now. However, I would be grateful if he would answer them in writing.

The Clause defines what constitutes a community sentence. Many more such sentences now exist than did formerly. Subsection (1)(a) directs us to clause 160 to obtain a fuller definition of a community order. Clause 160 lists in the relevant paragraphs the orders that are community orders. I hope that I have not confused myself and failed to understand the difference between a community sentence and a

community order. I understand clause 130 to say what a community sentence is. Some examples of it are given in clause 160(1).

However, several other orders are available to the courts. I ask the Minister to comment in a letter on whether those are community sentences or community orders. First, there is a drug abstinence order, which I understand to differ from a drug treating and testing order. The drug abstinence order is being piloted, so not many have yet been made. Secondly, there is an antisocial behaviour order. Can the Minister confirm that any court, after a person has been convicted of any offence, may make an antisocial behaviour order? I understand that to be the case, as somebody who ought to know told me that recently. I may be wrong, but I am sure that there is something in that.

Thirdly, there is the issue of the travel restriction order. The Minister will be familiar with that as it came into force under the Criminal Justice and Police Act 2001. However, the world at large is not familiar with travel restrictions orders, as none has been made by the courts since they came into force. Fourthly, there is the exclusion order, whereby an offender can be prohibited from entering a place specified in the order for six months. I do not think that such an order is yet in force. I wish to know when it will be, and whether it amounts to a community sentence. Finally, a restraining order for sexual offenders has been in force for 19 months and a disqualification order came into force on 11 January 2001.

These are some examples of the many different sorts of order that are now at large. It would be helpful to learn from the Minister in writing which orders, if any, carry community sentences. If they do not carry community sentences, I wish to know why.

Debate adjourned.—[Mr. Heppell.]

Adjourned accordingly at fifteen minutes past Five o'clock till Tuesday 4 February at ten minutes past Nine o'clock.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.