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Contents
Announcements
A: Daily Business
B: Business Programme
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
I: Petitions lodged
K: Progress of Parliamentary business

 

Business Bulletin No. 29/2003

Thursday 13 February 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 12 February 2003

Protection of Children (Scotland) Bill—The Bill was reprinted as passed (SP Bill 61B) (Executive Bill).

New amendments to Bills lodged on 12 February 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 24

Mr Jim Wallace

Supported by: Hugh Henry

49 In section 24, page 21, leave out lines 16 to 38 and insert-

<(1) This section applies in respect of sentencing for offences committed after the coming into force of this section.

(1A) Where, in solemn proceedings, the court sentences a person to imprisonment or other detention, the court may-

(a) if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or

(b) if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.

(1B) Where, in such proceedings, it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.

(1C) Where the court sentences a person to a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time, the court may, if the person is serving or is liable to serve for any offence-

(a) a previous sentence of imprisonment or other detention the term of which is not treated as part of a single term under section 27(5) of the 1993 Act; or

(b) two or more previous sentences of imprisonment or other detention the terms of which are treated as a single term under that section of that Act,

frame the sentence to take effect on the day after the person would (but for the sentence so framed and disregarding any subsequent sentence) be entitled to be released under the provisions referred to in section 204A of this Act as respects the sentence or sentences.

(1D) Subsection (1C)(a) above shall not apply where the sentence is a sentence from which he has been released at any time under the provisions referred to in section 204A of this Act.

(1E) In this section, any reference to a punishment part of a sentence shall be construed by reference to-

(a) the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or

(b) any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,

and "the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9).>

Mr Jim Wallace

Supported by: Hugh Henry

50 In section 24, page 22, line 3, leave out from <("the> to end of line 7 and insert <for an offence committed after the coming into force of this subsection, the court may-

(a) if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or

(b) if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.

(7B) Where it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.

(7C) In subsections (7A) and (7B) above, any reference to a punishment part of a sentence shall be construed by reference to-

(a) the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or

(b) any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,

and "the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9).".>

Section 27

Mr Jim Wallace

Supported by: Hugh Henry

51 In section 27, page 24, line 7, after <serving> insert <or liable to serve>

Mr Jim Wallace

Supported by: Hugh Henry

52 In section 27, page 24, line 18, at end insert <; and

( ) in subsection (9), after the word "serving" there is inserted "or is liable to serve".>

After section 27

Mr Jim Wallace

Supported by: Hugh Henry

53 After section 27, insert-

<Release on licence: certain consecutive sentences

In section 1A (application to persons serving more than one sentence) of the 1993 Act-

(a) the existing words become subsection (1); and

(b) after that subsection there is added-

"(2) Where a prisoner who is serving any term of imprisonment receives a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time which is to take effect on the day after he would (but for the sentence so received) be entitled to be released from the term, nothing in this Part of this Act shall require-

(a) the Scottish Ministers to release him in respect of any such term unless and until they are required to release him in respect of the sentence so received; or

(b) the Scottish Ministers or the Parole Board to consider his release in respect of any such term unless and until the Scottish Ministers are or the Parole Board is required to consider his release, or the Scottish Ministers are required to release him, in respect of the sentence so received.".>

Section 29

Mr Jim Wallace

Supported by: Hugh Henry

54 In section 29, page 26, line 6, leave out from beginning to <abroad),> in line 8 and insert-

(1) In the Repatriation of Prisoners Act 1984 (c.47)-

(a) in subsection (9) of section 3 (transfer into the United Kingdom), the words "or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993" and "or, as the case may be, Scotland" are repealed; and

(b) in the Schedule (operation of certain enactments in relation to the prisoner)-

(i) for paragraph 2>

Mr Jim Wallace

Supported by: Hugh Henry

55 In section 29, page 26, line 12, leave out <on or after 1st October 1997>

Mr Jim Wallace

Supported by: Hugh Henry

56 In section 29, page 26, line 33, at end insert <; and

(ii) paragraph 3 is repealed.

( ) Subsection (1)(b)(i) applies in relation to prisoners repatriated to Scotland on or after the coming into force of this section any of whose sentences in the country or territory from which they are transferred were imposed on or after 1st October 1993.

( ) In paragraph 1 of Schedule 6 (transitional provisions and savings) to the 1993 Act, in the definition of "new provisions", after the word "1997" there is inserted "and section 29 of the Criminal Justice (Scotland) Act 2003 (asp 00)".

( ) In paragraph 7 of Schedule 2 (repatriation of prisoners to the British Islands) to the Crime (Sentences) Act 1997 (c.43), in sub-paragraph (1), for the words from "for" to the end there is substituted "but before the commencement of section 29 of the Criminal Justice (Scotland) Act 2003 (asp 00)".>

After section 53A

Mr Jim Wallace

Supported by: Hugh Henry

57 After section 53A, insert-

<Bail and related matters

(1) The 1995 Act is amended as follows.

(2) In section 103 (appeal sittings)-

(a) after subsection (6) there is inserted-

"(6A) Where a judge acting under subsection (5)(c) above grants an application by an appellant to exercise that power in his favour, the prosecutor shall be entitled to have the application determined by the High Court."; and

(b) in subsection (7) for the words "and (6)" there is substituted ", (6) and (6A)".

(3) In section 105 (appeal against refusal of application), after subsection (4), there is inserted-

"(4A) An application by a convicted person for a determination by the High Court of a decision of a judge acting under section 103(5)(c) of this Act to refuse to admit him to bail shall be intimated by him immediately and in writing to the Crown Agent.".

(4) After section 105 there is inserted-

"105A Appeal against granting of application

(1) Where the prosecutor desires a determination by the High Court as mentioned in subsection (6A) of section 103 of this Act, he shall apply to the judge immediately after the power in subsection (5)(c) of that section is exercised in favour of the appellant.

(2) Where a judge acting under section 103(5)(c) of this Act has exercised that power in favour of the appellant but the prosecutor has made an application under subsection (1) above-

(a) the appellant shall not be liberated until the determination by the High Court; and

(b) that application by the prosecutor shall be heard not more than seven days after the making of the application,

and the Clerk of the Justiciary shall forward to the appellant the prescribed form for completion and return forthwith if he desires to be present at the hearing.

(3) At a hearing and determination as mentioned in subsection (2) above, if the appellant-

(a) is not legally represented, he may be present;

(b) is legally represented, he shall not be entitled to be present without leave of the court.

(4) If the appellant completes and returns the form mentioned in subsection (2) above indicating a desire to be present at the hearing, the form shall be deemed to be an application by the appellant for leave to be so present, and the Clerk of Justiciary, on receiving the form, shall take the necessary steps for placing the application before the court.

(5) If the application to be present is refused by the court, the Clerk of Justiciary shall notify the appellant; and if the application is granted, he shall notify the appellant and the Governor of the prison where the applicant is in custody and the Scottish Ministers.

(6) For the purposes of constituting a Court of Appeal, the judge who exercised the power in section 103(5)(c) of this Act in favour of the appellant may sit as a member of the court, and take part in determining the application of the prosecutor.".

(5) In section 112 (admission of appellant to bail)-

(a) in subsection (1) for "subsection (2)" there is inserted "subsections (2), (2A) and (9)";

(b) for subsection (2) there is substituted-

"(2) The High Court shall not admit a convicted person to bail under subsection (1) above unless-

(a) the application for bail-

(i) states reasons why it should be granted; and

(ii) where he is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act, sets out the proposed grounds of appeal; and

(b) the prosecutor has had an opportunity to be heard on the application.

(2A) Where-

(a) the convicted person is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act; or

(b) the Lord Advocate is the appellant,

the High Court shall not admit the convicted person to bail under subsection (1) above unless it considers there to be exceptional circumstances justifying admitting him to bail.";

(c) in subsection (6) for "subsection (7)" there is inserted "subsections (7) and (9)";

(d) in subsection (7)-

(i) the words from "the application" to the end become paragraph (a); and

(ii) after that paragraph there is inserted "and

(b) where the appeal relates to conviction on indictment, the prosecutor has had an opportunity to be heard on the application."; and

(e) after subsection (8) there is added-

"(9) An application for the purposes of subsection (1) or (6) above by a person convicted on indictment shall be-

(a) intimated by him immediately and in writing to the Crown Agent; and

(b) heard not less than seven days after the date of that intimation.".>

Mr Jim Wallace

Supported by: Hugh Henry

58 After section 53A, insert-

<Adjournment of case before sentence

In section 201 (power of court to adjourn case before sentence) of the 1995 Act, in subsection (3), for the words from "exceeding" to the end there is substituted "exceeding four weeks or, on cause shown, eight weeks.".>

Section 56

Mr Jim Wallace

Supported by: Hugh Henry

59 In section 56, page 57, line 10, at end insert-

<( ) in subsection (5), after paragraph (h) there is added-

"(i) an assessment, investigation or review by an adoption agency or local authority as to the suitability of a person, whether or not the person in respect of whom the certificate is sought, to adopt a child (this paragraph being construed in accordance with sections 1(3A) and (4) and 65(1) of the Adoption (Scotland) Act 1978 (c.28) and as if it were one of the provisions of that Act listed in the definition of "adoption agency" in the said section 65(1))";>

Mr Jim Wallace

Supported by: Hugh Henry

60 In section 56, page 57, line 31, at end insert-

<(6EA) This subsection applies to an individual appointed or seeking appointment-

(a) as one of Her Majesty's inspectors (as defined by section 135(1) of the Education (Scotland) Act 1980 (c.44)); or

(b) by the Scottish Ministers, for the purposes of section 66 of that Act of 1980 (inspection of educational establishments) or of section 9 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) (inspection of education authority).>

Mr Jim Wallace

Supported by: Hugh Henry

61 In section 56, page 58, line 6, leave out from <procurator> to <officer> in line 7 and insert <prosecutor, as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46), or as an officer to assist a prosecutor>

Mr Jim Wallace

Supported by: Hugh Henry

62 In section 56, page 59, line 2, leave out from <in> to <person> in line 6 and insert <by-

(i) a body corporate or unincorporate; or

(ii) a person appointed to an office by virtue of an enactment,

whether that body or person is registered or applying to be registered, of an individual to act for it or, as the case may be, him>

Mr Jim Wallace

Supported by: Hugh Henry

63 In section 56, page 59, leave out lines 8 to 10

Section 57

Scott Barrie

Supported by: Hugh Henry

64 In section 57, page 61, line 6, at end insert-

<( ) In subsection (1) of section 27 (which requires local authorities, among other things, to provide advice, guidance and assistance for persons in their area who are subject to supervision or treatment by virtue of a court order, enactment or licence or of a referral to a local authority in the absence of prosecution, who are subject to a community service or probation order or who are released from detention), after paragraph (ab) there is inserted-

"(ac) the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who-

(i) resided in their area immediately prior to such imprisonment or detention; or

(ii) intend to reside in their area on release from such imprisonment or detention,

and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;".

( ) After that subsection there is inserted-

"(1A) A local authority may provide advice, guidance or assistance for any person who-

(a) would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and

(b) requests such advice, guidance or assistance.

(1B) Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.".>

Mr Jim Wallace

Supported by: Hugh Henry

65 In section 57, page 61, line 7, leave out from <section> to <detention),> in line 11 and insert <that section>

Mr Jim Wallace

Supported by: Hugh Henry

66 In section 57, page 61, line 16, leave out from <persons> to end of line 18 and insert <any person (and in particular to any person who appears to the local authority to have dependency problems)>

Mr Jim Wallace

Supported by: Hugh Henry

67 In section 57, page 61, line 19, at beginning insert <who is>

Mr Jim Wallace

Supported by: Hugh Henry

68 In section 57, page 61, line 19, after <area,> insert <but only>

Mr Jim Wallace

Supported by: Hugh Henry

69 In section 57, page 61, line 22, leave out from <during> to end of line and insert <but only during the period of deferment and while that person is in their area.>

Mr Jim Wallace

Supported by: Hugh Henry

70 In section 57, page 61, line 22, at end insert-

<(1A) The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.>

Section 61

Mr Jim Wallace

Supported by: Hugh Henry

71 In section 61, page 64, line 13, leave out from <there> to the end of line 14 and insert <the existing words from "employ" to the end become paragraph (a) and after that paragraph there is inserted the word "; or" and the following paragraph-

"(b) appoint for such purposes as such officers persons provided under a contract for services entered into by the authority with some other person";>

Mr Jim Wallace

Supported by: Hugh Henry

72 In section 61, page 64, line 17, after <employed> insert <or appointed>

Mr Jim Wallace

Supported by: Hugh Henry

73 In section 61, page 64, line 27, at end insert <; except that no officer provided as is mentioned in subsection (1)(b) above shall have those powers and duties in the premises of any court or in land connected with such premises.>

After section 61

Dennis Canavan

74 After section 61, insert-

<Use of firearms etc. by police forces

Any enactment or rule of law permitting a constable to use reasonable force shall permit the use of firearms, less lethal alternatives to firearms (including baton guns) and aerosol incapacitants (including CS gas sprays) only to such extent and in such circumstances as may be specified in regulations made by the Scottish Ministers.>

Paul Martin

75 After section 61, insert-

<Assaults on members of fire brigades or emergency medical personnel etc.

(1) Any person who assaults, resists, obstructs, molests or hinders a member of the fire brigade or a member of any emergency medical service (including a member of the crew of an ambulance or a paramedic) in the execution of their duty shall be guilty of an offence and on summary conviction shall be liable-

(a) where the person has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence under this section, to a fine not exceeding level 4 on the standard scale, to imprisonment for a period not exceeding three months, or to both;

(b) where the person has, within the period first mentioned in paragraph (a), been convicted of an offence under this section, to imprisonment for a period not exceeding nine months, to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the 1995 Act, or to both.

(2) In subsection (1) above "person" does not include a person who is receiving the assistance of the fire brigade or of the emergency medical service.>

Bill Aitken

76 After section 61, insert-

<Assaults etc. on constables: provision of blood samples

(1) Where a constable has, in the course of duty, been assaulted or otherwise come into contact with another person's blood or body fluids, a constable may require that person, either at that time or subsequently, to provide a specimen of blood for the purpose of determining whether the constable has as a result of the assault or contact been exposed to infection.

(2) A person who, without reasonable excuse, fails to provide a specimen when required to do so under subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale or to imprisonment for a period not exceeding 28 days.>

Section 69

Dennis Canavan

77 In section 69, page 71, line 14, at beginning insert <or regulations under section (Use of firearms etc. by police forces)>

 

Council of the Law Society of Scotland Bill - Stage 2

Section 1

David McLetchie

1 In section 1, page 1, line 26, leave out from <function> to the end of line 6 on page 2 and insert <of the following functions of the Council to be discharged by an individual -

(a) under section 42A(1) or (2), or under section 33(1) of the 1990 Act, the functions of determining-

(i) whether to uphold or dismiss a conduct complaint (within the meaning of the said section 33(1)); and

(ii) what action to take in the matter; and

(b) under section 20(1) or (2) of the 1990 Act, the functions of determining-

(i) whether any of paragraphs (a) to (d) of the said section 20(1) apply to the practitioner; and

(ii) what action to take in the matter.>

David McLetchie

2 In section 1, page 2, line 26, after <Act> insert <or any other enactment>

David McLetchie

3 In section 1, page 2, line 31, at end insert-

<(12) During any period before-

(a) paragraph 14(6) of schedule 4 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 00) comes into force, subsection (5) applies as if paragraph (b) were omitted;

(b) section 12(c) of that Act comes into force, subsection (5) applies as if for the words "the 1990 Act" there were substituted "the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)".>

 

 

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