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Contents
A: Daily Business
B: Business Programme
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
J: SPB: Note of Decisions
K: Progress of Parliamentary business

 

Business Bulletin No. 27/2003

Tuesday 11 February 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 10 February 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 14

Mr Jim Wallace

Supported by: Hugh Henry

18 In section 14, page 10, line 36, leave out <Where a victim statement is made, the> and insert <A>

Mr Jim Wallace

Supported by: Hugh Henry

19 In section 14, page 10, line 37, leave out <the offence in question> and insert <an offence>

Mr Jim Wallace

Supported by: Hugh Henry

20 In section 14, page 10, line 40, leave out <that> and insert <an>

Mr Jim Wallace

Supported by: Hugh Henry

21 In section 14, page 11, line 1, after first <court> insert <any victim statement which relates (whether in whole or in part) to the offence in question>

Mr Jim Wallace

Supported by: Hugh Henry

22 In section 14, page 11, line 1, at end insert <so much of>

Mr Jim Wallace

Supported by: Hugh Henry

23 In section 14, page 11, line 3, at end insert-

<as it considers to be relevant to that offence>

Section 15

Bill Aitken

24 In section 15, page 12, line 30, leave out <natural>

Mr Jim Wallace

Supported by: Hugh Henry

25 In section 15, page 12, line 34, leave out <to>

Mr Jim Wallace

Supported by: Hugh Henry

26 In section 15, page 12, line 35, at beginning insert <to>

Mr Jim Wallace

Supported by: Hugh Henry

27 In section 15, page 12, line 36, at beginning insert <to>

Mr Jim Wallace

Supported by: Hugh Henry

28 In section 15, page 12, line 37, at beginning insert <under section 205(2) (punishment for murder where convicted person under 18) or 208 (detention of children convicted on indictment) of the 1995 Act, to>

Mr Jim Wallace

Supported by: Hugh Henry

29 In section 15, page 12, line 38, leave out <, in such manner as may be prescribed,>

Mr Jim Wallace

Supported by: Hugh Henry

30 In section 15, page 13, line 7, after <is> insert <, under or by virtue of the 1989 Act or the 1993 Act,>

Mr Jim Wallace

Supported by: Hugh Henry

31 In section 15, page 13, line 11, after <has> insert <, by virtue of the 1989 Act,>

After section 24

Bill Aitken

32 After section 24, insert-

<Summary jurisdiction: sentencing powers

Increase in sentencing powers of sheriffs for certain offences

In section 5 of the 1995 Act, in subsection (3) (under which the maximum custodial sentence which a sheriff may impose for a second or subsequent offence of theft or personal violence is six months), for the word "six" there is substituted "twelve".>

Section 36

Bill Aitken

33 In section 36, page 33, line 12, leave out from <dependent> to end of line and insert <who-

(a) are aged 25 or under;

(b) are dependent on, or have a propensity to misuse, drugs; and

(c) have been convicted of no more than 6 offences.>

Bill Aitken

34 In section 36, page 33, line 28, leave out <or> and insert <but not>

Bill Aitken

35 In section 36, page 33, line 31, leave out from first <of> to <imposed)> in line 33 and insert <period so imposed in respect of the order is not to exceed twenty-eight days>

Bill Aitken

36 In section 36, page 33, line 35, leave out from first <of> to end of line 38 and insert <period of unpaid work thus required in respect of the order is not to exceed forty hours>

Bill Aitken

37 In section 36, page 33, line 41, at end insert-

<( ) For the purposes of subsections (4) and (6), an offender fails to comply with the requirements of a drug treatment and testing order where the offender has been shown (whether or not as a result of testing carried out by virtue of section 234C(4) of the 1995 Act) to have drugs in his body.>

After section 36

Bill Aitken

38 After section 36, insert-

<Breach of probation order or drug treatment and testing order

(1) The 1995 Act is amended as follows.

(2) In section 232-

(a) in subsection (2), at the beginning there is inserted "Subject to subsection (2A) below,";

(b) after subsection (2), there is added-

"(2A) Where a probationer appears or is brought in pursuance of subsection (1) above before a drugs court for a third time and it is proved to the satisfaction of that court that he has failed to comply with a requirement of the probation order the court shall sentence the offender for the offence for which the order was made; and in this subsection "drugs court" means a court designated as such by virtue of section 36(1) of the Criminal Justice (Scotland) Act 2003 (asp 00).";

(c) in subsection (3), for the words "subsection (2)" there is substituted "subsections (2) and (2A)"; and

(d) in subsection (3B), after the word "(2)(b)" there is inserted "or (2A)".

(3) In section 234G-

(a) in subsection (2), at the beginning there is inserted "Subject to subsection (2A) below,";

(b) after subsection (2), there is added-

"(2A) On the third occasion on which it is proved to the satisfaction of the appropriate court that the offender has failed without reasonable excuse to comply with any requirement of the order, the court shall, by order, revoke the order."; and

(c) in subsection (3), for the words "subsection (2)" there is substituted "subsections (2) and (2A)".

(4) In section 234H(1), after the word "234G(2)(c)" there is inserted "or (2A)".>

Section 37

Bill Aitken

39 In section 37, page 35, line 29, at end insert-

<( ) In section 245A(1) (restriction of liberty orders), for the words "of an offence (other than an offence the sentence for which is fixed by law)" there is substituted "on summary complaint of an offence".>

Section 42

Bill Aitken

40 In section 42, page 41, line 28, at end insert-

<( ) In section 221 (fines: recovery by civil diligence) of the 1995 Act, in subsection (1)(b) after "arrestment" there is inserted "(including an arrestment of benefits)".>

Section 43

Bill Aitken

41 Leave out section 43

Schedule 2A

Mr Duncan Hamilton

42 In schedule 2A, page 75, line 38, at end insert-

<In section 20 (summary prosecutions)-

(a) subsection (1) is repealed; and

(b) in subsection (2), for the words "to which this section applies" there is substituted "under this Part".>

Long Title

Bill Aitken

43 In the long title, page 1, line 10, leave out from first <to> to <children> in line 11

 

Mental Health (Scotland) Bill - Stage 2

Schedule 3

Mrs Mary Mulligan

1036 In schedule 3, page 165, line 9, at end insert-<; and

( ) after subsection (2) insert-

"(2A) The court may, in the case of a person in respect of whom it did not, before making the compulsion order, make an interim compulsion order, make a restriction order in respect of the person only if satisfied that, in all the circumstances, it was not appropriate to make an interim compulsion order in respect of the person.".>

 

 

 

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