Clause 252 - Interpretation of Part 12

Criminal Justice Bill – in a Public Bill Committee am 11:15 am ar 13 Chwefror 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: No. 699, in

clause 252, page 138, line 19, leave out

'does not include a court-martial'

and insert

'(without more) does not include a service court'.

No. 752, in

clause 252, page 138, line 34, at end insert—

' ''default order'' has the meaning given by section (Power to impose unpaid work requirement or curfew requirement on fine defaulter)(3);'.

No. 698, in

clause 252, page 139, line 16, at end insert—

' ''service court'' means—

(a) a court-martial constituted under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53);

(b) a summary appeal court constituted under section 83ZA of the Army Act 1955 (3&4Eliz.2 c.18), section 83ZA of the Air Force Act 1955 (3&4Eliz.2 c.19) or section 52FF of the Naval Discipline Act 1957 (c.53);

(c) the Courts-Martial Appeal Court;

(d) a Standing Civilian Court;

''service disciplinary proceedings'' means—

(a) any proceedings under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53) (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b) any proceedings before a Standing Civilian Court;'.

No. 636, in

clause 252, page 139, line 38, leave out '206' and insert '207'.

No. 637, in

clause 252, page 139, line 40, leave out from 'section' to end of line 44 and insert—

'(c) a sentence falls to be imposed under section 206 if, because the court is of the opinion mentioned in subsection (1)(b) of that section and considers that the case falls within subsection (2) or (3) of that section, the court is obliged to pass a sentence complying with that section, and

(d) a sentence falls to be imposed under section 208 if, because the court is of the opinion mentioned in subsection (1)(b)(i) and (ii) of that section, the court is obliged to pass a sentence complying with that section.'.—[Hilary Benn.]

Clause 252, as amended, ordered to stand part of the Bill.

Clauses 253 to 255 ordered to stand part of the Bill.