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Contents
B: Business Programme
C: Committee Agendas
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business

 

Business Bulletin No. 31/2003

Monday 17 February 2003

Section G: Bills: Notices and Amendments

  

New amendments to Bills lodged on 14 February 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 1

Roseanna Cunningham

82 In section 1, page 4, line 18, leave out <is a likelihood that he> and insert <are reasonable grounds for believing that the convicted person>

Roseanna Cunningham

83 In section 1, page 4, line 18, leave out <seriously endanger> and insert <present a substantial and continuing risk to>

Section 13

Roseanna Cunningham

84 In section 13, page 10, line 11, at end insert-

<( ) A report prepared under subsection (2) is to include an account of any directions given to it under section 12(3) by the Scottish Ministers.>

Section 14

Roseanna Cunningham

85 In section 14, page 10, line 18, at end insert-

<( ) A court or class of court may be prescribed under subsection (1)-

(a) in the first instance, only on a trial basis for such period as may be prescribed; and

(b) subsequently, only if the Scottish Ministers consider that prescribing it without limit of time is justified, taking account of the results of the trial under paragraph (a).>

Roseanna Cunningham

86 In section 14, page 10, line 34, leave out from <if> to end of line 35 and insert <to be provided forthwith by the prosecutor to the accused.

(4A) If the defence considers the statement to be prejudicial to the accused, the defence may, except where the accused is prohibited from conducting the defence in person under section 288C(1) of the 1995 Act, call the person who made the statement as a witness in order to cross-examine that person on the statement.

(4B) The court may require the jury to withdraw during any cross-examination under subsection (4A) if and to the extent that it considers the statement not to be relevant to the charge against the accused.>

Roseanna Cunningham

87 In section 14, page 11, line 17, after <(asp 8))> insert <or ordinarily (and other than by reason only of the person's employment) had charge of, or control over, the child>

Roseanna Cunningham

88 In section 14, page 12, line 1, at end insert-

<( ) any person other than a son or daughter in respect of whom the person who died or is incapable enjoyed parental responsibilities or rights under Part I of the Children (Scotland) Act 1995 (c.36); >

Roseanna Cunningham

89 In section 14, page 12, line 2, at end insert-

<( ) any person other than a parent who had parental responsibilities or rights under Part I of the Children (Scotland) Act 1995 (c.36) in respect of the person who died or is incapable;>

Mr Duncan Hamilton

90 Leave out section 14

Section 15

Roseanna Cunningham

91 In section 15, page 13, line 1, leave out subsection (2)

Roseanna Cunningham

92 In section 15, page 13, line 11, at end insert <; and

( ) that the convicted person has escaped or absconded from custody.>

After section 38

Mr Jim Wallace

Supported by: Hugh Henry

93 After section 38, insert-

<Application by registered social landlord for anti-social behaviour order

(1) The Crime and Disorder Act 1998 (c.37) is amended as follows.

(2) In section 19 (anti-social behaviour orders)-

(a) in subsection (1)-

(i) for the word "local" there is substituted "relevant";

(ii) in paragraph (a), the words "in the authority's area" are repealed; and

(iii) in paragraph (b), for the words "persons in the authority's area" there is substituted "relevant persons";

(b) in subsection (3), for the words "persons in the area of the local authority" there is substituted "relevant persons";

(c) in subsection (6), for the word "local" there is substituted "relevant"; and

(d) for subsection (8) there is substituted-

"(8) In this section and section 21 below-

"relevant authority" means-

(a) a local authority (that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39)); or

(b) a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10) (the register of social landlords);

"relevant person" means, in relation to an application by-

(a) a local authority, a person in the area of that authority;

(b) a registered social landlord-

(i) a person residing in, or otherwise on or likely to be on, premises provided or managed by that landlord; or

(ii) a person in, or likely to be in, the vicinity of such premises;

and any reference to the area of a local authority is a reference to the local government area (within the meaning of the said Act of 1994) for which that authority is constituted.".

(3) In section 21 (procedural provisions with respect to orders)-

(a) in subsection (1), for the words " the local" there is substituted "a relevant";

(b) in subsection (2)-

(i) for the word "the" where it first occurs there is substituted "a"; and

(ii) for the words "the order is sought is for the time being" there is substituted "the application is to be made resides or appears to reside";

(c) after subsection (2) there is inserted-

"(2A) Before making an application under section 19(1) above or subsection (7)(b)(i) below, a registered social landlord shall provide notification of its intention to do so to the local authority within whose area the person in respect of whom the application is to be made resides or appears to reside.";

(d) in subsection (3)-

(i) the existing words from "the area of which" to the end become paragraph (a); and

(ii) after that paragraph there is added the word "or" and the following paragraph-

"(b) as the case may be, the place where the person in relation to whom the application is to be made by the registered social landlord resides or appears to reside"; and

(e) in subsection (7)(b)(i), after the word "constable" there is inserted "or registered social landlord".>

Section 43

Mr Duncan Hamilton

94 In section 43, page 42, line 35, leave out <shaking;>

Roseanna Cunningham

95 In section 43, page 42, line 35, after <shaking> insert <with use of unreasonable force>

After section 43

Bill Aitken

96 After section 43, insert-

<New disposals for children's hearings

(1) Without prejudice to their powers of disposal under any other enactment, a children's hearing may dispose of any case remitted to them by making-

(a) an order under subsection (2);

(b) an order under subsection (6); or

(c) an order under subsection (9).

(2) An order under this subsection is an order (a "supervised attendance order") requiring the child or person concerned to attend under supervision such place as may be specified in the order at such times or on such days as may be so specified.

(3) It is the duty of a local authority to-

(a) designate schools and other premises in their area suitable for the supervised attendance of a child or person subject to a supervised attendance order; and

(b) provide such staff and other resources as may reasonably be requested by the children's panel for the supervision of a child or person subject to such an order.

(4) The times and days when a child or person may be required to attend a school under a supervised attendance order may include times and days when they could not be required to attend a school otherwise than by virtue of this section.

(5) The Scottish Ministers may issue, and from time to time revise, guidance to local authorities on their duty under subsection (3).

(6) An order under this subsection is an order (a "restriction of liberty (young person) order") restricting the child or person's movements to such extent as the children's hearing think fit and, without prejudice to that generality, may include provision-

(a) requiring the child or person to be in such place as may be specified for such period or periods in each day or week as may be specified;

(b) requiring the child or person not to be in such place or places, or such class or classes of place or places, at such time or during such periods as may be specified,

but the hearing may not, under paragraph (a), require the child or person to be in any place or places for a period or periods totalling more than 12 hours in any one day.

(7) Where the children's hearing considers that an order under subsection (6) is the only appropriate disposal, the reasons for such a decision must be recorded.

(8) Subsections (2) to (8), (10) and (11) of section 245A of the 1995 Act, and sections 245C, 245E, 245F and 245G(1) of that Act shall apply in relation to a restriction of liberty (young person) order as they apply in relation to a restriction of liberty order, but as if-

(a) references to the offender were references to the child or young person;

(b) references to the court were references to the children's hearing;

(c) subsection (8)(a) and (c) of section 245A were omitted.

(9) An order under this subsection is an order (a "drug treatment and testing (young person) order") requiring a child or person who has a dependency on or propensity to misuse drugs-

(a) for such period of at least six months as is specified in the order, to submit to treatment by or under the direction of such suitably qualified person as is so specified ("the treatment provider") with a view to the reduction or elimination of the child or person's dependency on or propensity to misuse drugs; and

(b) during that period, to provide, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.

(10) Where the child or young person has failed to comply with the requirements of such an order, the children's hearing may-

(a) vary the order; or

(b) revoke the order and make any other disposal available to it.

(11) Sections 234B(3) to (5), 234C(2) and (3) to (8), 234D, 234E(1) to (5) and 234F(1), (2), (3)(a) and (4) of the 1995 Act shall apply in relation to a drug treatment and testing (young person) order as they apply in relation to a drug treatment and testing order, but as if-

(a) references to the offender were references to the child or young person;

(b) references to the court were references to the children's hearing;

(c) for paragraph (b) of section 234D(1), there were substituted-

"(b) the consequences which may follow under section (New disposals for children's hearings)(10) of the Criminal Justice (Scotland) Act 2003 (asp 00) if the child or person fails to comply with any of those requirements;".>

After section 43A

Bill Aitken

97 After section 43A, insert-

<Duty to reduce age-limit applicable in relation to children's hearings once youth courts established

The Scottish Ministers must, at such time as they have put in place arrangements for the operation of youth courts (that is to say, courts intended primarily for dealing with persistent offenders aged 14 or 15) in every sheriffdom in Scotland, by order make such amendments to the Children (Scotland) Act 1995 (c.36) as they consider necessary to ensure that the normal age beyond which children may no longer be referred to a children's hearing is reduced from 16 to 14.>

Section 47

Roseanna Cunningham

98 In section 47, page 46, line 12, at end insert-

<( ) Before a person gives consent in writing under subsection (2), the person is to be informed orally and in writing by a constable of-

(a) the right not to consent under subsection (3);

(b) the right to confine consent as mentioned in that subsection; and

(c) the right to withdraw consent under subsection (4).>

After section 56

Dennis Canavan

99 After section 56, insert-

<Access to certain reports etc. where sexual offences alleged

(1) This section applies where, under any enactment or rule of law, a report or other information held by a police force is subject to a restriction of access for a specified period of time in order to protect the identities of persons who were, when children, victims of sexual offences (or alleged sexual offences).

(2) Where this section applies, any person may apply to the chief constable of the police force holding the report or information for access to it; and the chief constable shall give that access but only after removing from the report or information (or otherwise preventing access to) any material which would or could lead to the identification of any person such as is mentioned in subsection (1).>

Section 61

Roseanna Cunningham

100 In section 61, page 65, line 29, at end insert-

<( ) The power to use handcuffs or other means of restraint under subsection (1C)(j) above may be exercised only where it is stated on the certificate under subsection (1A)(b) above that the police custody and security officer has been trained to a satisfactory standard in the use of such means of restraint.>

Roseanna Cunningham

101 In section 61, page 65, line 29, at end insert-

<( ) The powers of search under subsection (1C)(f) above may be exercised only where it is stated on the certificate under subsection (1A)(b) above that the police custody and security officer has been trained to a satisfactory standard in their exercise.>

Roseanna Cunningham

102 In section 61, page 66, line 29, leave out from <received> to end of line 30 and insert <achieved the required standard in a training course for police custody and security officers which complies with regulations made under subsection (5) below.>

Roseanna Cunningham

103 In section 61, page 66, line 41, at end insert-

<(5) The Scottish Ministers shall, after consulting such persons as they consider appropriate, make provision by regulations for the content and standard of training for new police custody and security officers; and any such regulations shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.>

Roseanna Cunningham

104 In section 61, page 67, line 7, at end insert-

<9C Reports by persons contracted to supply police custody and security officers

Any person who has entered into a contract under section 9(1)(b) above to supply the services of police custody and security officers to a police force shall report annually to the Scottish Ministers and the Scottish Parliament on-

(a) the number of policy custody and security officers supplied under such a contract, and to which police forces;

(b) the salary scales in relation to which the police custody and security officers they employ are paid;

(c) the number of persons who have left their employment as such officers and the number of persons employed as such officers;

(d) the number of complaints (if any) made against such officers; and

(e) the number and type of disciplinary offences (if any) found to have been committed by such officers.".>

Roseanna Cunningham

105 In section 61, page 67, line 7, at end insert-

<( ) In section 33 (inspectors of constabulary), after subsection (3) there is inserted-

"(3A) For the purposes of subsection (3) "police force" includes any person appointed by the force as a police custody and security officer.">

Roseanna Cunningham

106 In section 61, page 67, line 7, at end insert-

<( ) In section 33 (inspectors of constabulary), after subsection (3) there is inserted-

"(5) The inspectors of constabulary may inspect any person who supplies, by virtue of a contract under section 9(1)(b) above, persons who have been appointed as police custody and security officers.">

Roseanna Cunningham

107 In section 61, page 68, line 9, at end insert-

<( ) In the Freedom of Information (Scotland) Act 2002 (asp 13), in schedule 1 (Scottish public authorities), after paragraph 52 there is inserted-

"52A Any person who has entered into a contract under section 9(1)(b) of the Police (Scotland) Act 1967 (c.77) to provide police custody and security officers.">

After section 61

Fergus Ewing

108 After section 61, insert-

<Duty of public authorities to report offences

(1) Where-

(a) an employee or member of a Scottish public authority-

(i) suspects that a relevant offence may have been committed; and

(ii) reports that suspicion to another such employee or member who is designated for the purposes of this section as a person to whom such suspicions may be reported; or

(b) an employee or member designated as mentioned in paragraph (a)(ii) above otherwise becomes aware that a relevant offence may have been committed,

the Scottish public authority shall report it, or secure that it is reported, to the police as soon as reasonably practicable and, in any event, not later than 28 days after the occurrence of the event mentioned in paragraph (a)(ii) or (b) as the case may be.

(2) A Scottish public authority which fails, without reasonable excuse, to comply with the duty imposed by subsection (1) shall be guilty of an offence.

(3) Where an offence under this section is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-

(a) an employee or member of the Scottish public authority; or

(b) any person who was purporting to act in any such capacity,

that person, as well as the authority, shall be guilty of the offence and liable to be proceeded against and punished accordingly.

(4) A person guilty of an offence under subsection (2) or (3) above is liable-

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(5) In this section-

"relevant offence" means an offence that-

(a) is, or is of a class that is, specified in regulations made by the Scottish Ministers for the purposes of this section; and

(b) is committed by an employee or member of a Scottish public authority-

(i) in the course of such employment or, as the case may be, membership; or

(ii) on premises of the Scottish public authority;

"Scottish public authority" means an authority listed in schedule 1 to the Freedom of Information (Scotland) Act 2002 (asp 13).

(6) Before making regulations under subsection (5) the Scottish Ministers shall consult-

(a) such Scottish public authorities; and

(b) such other persons,

as they think fit.

(7) Without prejudice to the generality of paragraph (a) of the definition of "relevant offence" in subsection (5), the offences, or classes of offences, specified in regulations under that subsection may be specified with reference to-

(a) the maximum penalty available in respect of the offence; or

(b) the extent to which the commission of such an offence is likely, in the opinion of the Scottish Ministers, to be detrimental to the public interest.>

After section 64

Johann Lamont

109 In substitution for amendment 80-

After section 64, insert-

<Anti-social behaviour strategies

In the Crime and Disorder Act 1998 (c.37), after section 22 (offences in relation to breach of anti-social behaviour orders) there is inserted-

"22A Anti-social behaviour strategies

(1) Each local authority shall prepare jointly with the relevant chief constable a strategy for dealing with anti-social behaviour in the authority's area; and the authority shall publish the strategy.

(2) The strategy shall, in particular, include provision as to-

(a) how the authority and the police are to co-ordinate the exercise of their functions in so far as they are exercisable in relation to anti-social behaviour in the authority's area; and

(b) the exchange of information between the authority and the police relating to such behaviour.

(3) The local authority and the relevant chief constable-

(a) shall keep the strategy under review; and

(b) may from time to time revise the strategy,

and the authority shall publish the strategy as so revised.

(4) In this section-

"anti-social behaviour" means any act or conduct (including speech) which causes or is likely to cause alarm, distress, nuisance or annoyance to any person;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39) and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted;

"relevant chief constable" means the chief constable of the police force maintained under the Police (Scotland) Act 1967 (c.77) the area of which includes the area of the local authority.".>

Long Title

Dennis Canavan

110 In the long title, page 1, line 3, after second <offenders> insert <and offences>

 

Mental Health (Scotland) Bill - Stage 2

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