Criminal Justice Bill – in a Public Bill Committee am 11:00 am ar 6 Chwefror 2003.
Graham Allen
Llafur, Nottingham North
11:00,
6 Chwefror 2003
I beg to move Amendment No. 488, in
Clause 150, page 83, line 44, at end insert—
'(1A) Section 135(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.'.
Eric Illsley
Llafur, Barnsley Central
With this it will be convenient to discuss the following amendments:
No. 489, in
Clause 150, page 84, leave out line 1 and insert
'Nothing in the sections mentioned in subsection (1)(a) to (d)'.
No. 490, in
clause 150, page 84, line 7, at end insert—
'( ) Subsections (1A) and (2) are without prejudice to the generality of subsection (1).'.
No. 491, in
clause 150, page 84, line 8, leave out 'those sections' and insert
'the sections mentioned in subsection (1)(a) to (d)'.
Graham Allen
Llafur, Nottingham North
The amendments would confer a clear discretion on courts to pass a community sentence even where a short custodial sentence would have been justified. The amendments are so obvious and rational that I would be staggered if the Minister were not to accept them.
Hilary Benn
Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)
The amendments would provide an extremely helpful indicator to the courts that, despite the seriousness of an offence or combination of offences, they should be able to pass a community sentence, provided that there are relevant mitigating factors. The new generic community sentence will, in certain circumstances, provide a punitive response equal to that of a short custodial sentence, and it can offer a great deal of flexibility in addressing the need to rehabilitate offenders. I am happy to accept my hon. Friend's amendments.
Dominic Grieve
Shadow Minister (Home Affairs)
I am delighted to hear the Minister say that; I, too, thought that the amendments tabled by the hon. Member for Nottingham, North were a good idea.
Amendment agreed to.
Amendments made: No. 489, in
Clause 150, page 84, leave out line 1 and insert
'Nothing in the sections mentioned in subsection (1)(a) to (d)'.
No. 490, in
clause 150, page 84, line 7, at end insert—
'( ) Subsections (1A) and (2) are without prejudice to the generality of subsection (1).'.
No. 491, in
clause 150, page 84, line 8, leave out 'those sections' and insert
'the sections mentioned in subsection (1)(a) to (d)'.—[Mr. Allen.]
Clause 150, as amended, ordered to stand part of the Bill.
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.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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.
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.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
