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Proceeding contribution from Lord West of Spithead (Labour) in the House of Lords on Wednesday, 30 April 2008. It occurred during Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

moved Amendment No. 18: 18: Clause 98, page 76, line 29, leave out from ““and”” to end of line 30 and insert ““either— (i) a custodial sentence of at least 12 months was imposed for the offence, or (ii) a hospital order was made in respect of it (with or without a restriction order),”” The noble Lord said: My Lords, the House will be well aware from the previous debates on this provision that interim violent offender orders are intended, and I believe are needed, to provide the public with immediate protection from an individual who is considered to pose a risk of serious violent harm while a decision on the main violent offender order is being taken. To address the concerns raised by the noble and learned Lord, Lord Lloyd of Berwick, I made a commitment on Report to bring forward amendments so that an interim order could be made only in the absence of the individual in respect of whom the order has been applied for, if the court is satisfied that the individual has been given reasonable notice of the application and the court hearing date. Such a requirement would ensure that the individual could attend the hearing or make representations on that day if he or she chose to do so. Amendment No. 20 fulfils that commitment. The other amendments in the group are minor, technical amendments, which seek to ensure that all individuals who are given a custodial sentence or hospital order on conviction for one or more of the specified qualifying offences are eligible for a violent offender order. The amendments also ensure that hospital orders, restriction orders and supervision orders made by the courts under all relevant legislation are included in the definition of these terms. I commend the amendments to the House. I beg to move. On Question, amendment agreed to.


Secondary information

Type
Proceeding contribution
Reference
701 c276 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Data protection Criminal proceedings Administration of justice Crimes against the person Deportation Court of Appeal Criminal Cases Review Commission Migrants NHS Northern Ireland Prisons Pornography Prisoners' release Sentencing Sexual offences Young offenders Wales Strikes
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk