Moved by
Baroness Williams of Trafford
201B: Clause 105, page 121, line 14, leave out from “offence”” to “section” in line 15 and insert “has the meaning given by”
201C: Clause 105, page 121, line 16, at end insert—
“(A1) In section 137A, “specified offence” has the meaning given by this section.
(A2) An offence committed in England and Wales is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 1 of Schedule 7A,
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).
(A3) An offence committed in Scotland is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 2 of Schedule 7A, or
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b).
(A4) An offence committed in Northern Ireland is a specified offence if it is—
(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,
(b) an offence specified in Part 3 of Schedule 7A,
(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or
(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).”
201D: Clause 105, page 121, line 18, leave out from “instrument” to end of line 19 and insert “amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part.”
201E: Clause 105, page 121, line 20, leave out from beginning to “only” and insert “Regulations under subsection (1) may add an offence to a Part of Schedule 7A”
201F: Clause 105, page 121, line 24, leave out “specify it for the purposes of section 137A” and insert “add the offence to the Part”
201G: Clause 105, page 121, line 37, at end insert—
“(6) In this section—
(a) a description of an offence in subsection (A2)(a) or (b) or (A4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring;
(b) a description of an offence in subsection (A3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring;
(c) “statutory provision” means any provision of—
(i) an Act or subordinate legislation within the meaning of the Interpretation Act 1978;
(ii) an Act of the Scottish Parliament or an instrument made under such an Act;
(iii) a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act;
(iv) Northern Ireland legislation or an instrument made under Northern Ireland legislation.”
201H: Clause 105, page 123, line 12, leave out “regulations under subsection (5)” and insert “the modifications made by Part 1 of Schedule 7B”
201J: Clause 105, page 123, line 17, at end insert—
“(ca) section 31 of the Children and Young Persons Act 1933 (separation of children and young persons from adults in police stations, courts etc);”
201K: Clause 105, page 123, line 22, leave out “regulations under subsection (5)” and insert “the modifications made by Part 2 of Schedule 7B”
201L: Clause 105, page 123, line 26, at end insert—
“(c) section 51 of that Act (duty to consider child’s well-being);
(d) section 52 of that Act (duties in relation to children in custody).”
201M: Clause 105, page 123, line 29, leave out “regulations under subsection (5)” and insert “the modifications made by Part 3 of Schedule 7B”
201N: Clause 105, page 123, line 35, at end insert—
“(ca) article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of child in police detention from adults charged with offences);”
201P: Clause 105, page 123, line 40, leave out from “instrument” to end of line 47 and insert—
“(a) amend this section so as to add to the provisions that for the time being apply as mentioned in subsection (2), (3) or (4),
(b) amend this section so as to remove any of those provisions that were added by virtue of paragraph (a),
(c) amend Schedule 7B so as to alter the modifications for the time being made by that Schedule, including by adding a modification or removing one,
(d) amend Schedule 7B so as to provide that any of the provisions that for the time being apply as mentioned in subsection (2), (3) or (4) do not apply in cases or circumstances set out in the Schedule.”
201Q: Clause 105, page 123, line 47, at end insert—
“( ) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.”
201R: Clause 105, page 124, leave out lines 4 to 9
201S: Clause 105, page 124, line 9, at end insert—
“(2) After Schedule 7 to that Act insert, as Schedule 7A to that Act, the Schedule set out in Schedule 14A to this Act.
(3) After Schedule 7A to that Act (as inserted by subsection (2) above) insert, as Schedule 7B to that Act, the Schedule set out in Schedule 14B to this Act.”