178ZZZB: Schedule 11, page 194, leave out lines 1 and 2 and insert—
““(1) Section 3 (general provisions) is amended as follows.
(2) In subsection (6ZAA), for ““person),”” substitute ““person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings),””.
(3) In subsection (7)—””
178ZZZC: Schedule 11, Page 194, line 9, at end insert—
““3A (1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.
(2) In the heading after ““young persons”” insert ““released on bail other than in extradition proceedings””.
(3) In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after ““young person”” insert ““released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)””.””
3B After section 3AA insert—
““3AAA Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings
(1) A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.
(2) The first condition is that the child or young person has attained the age of twelve years.
(3) The second condition is that—
(a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in the United Kingdom, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or
(b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings—
(i) amount, or
(ii) would, if the child or young person were convicted of that offence or those offences, amount,
to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
(4) The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
(5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.
(6) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
(a) of which the child or young person has been accused or convicted outside the United Kingdom, and
(b) which is equivalent to an offence that is punishable with imprisonment in the United Kingdom.
(7) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand are to the child or young person being—
(a) remanded to local authority accommodation or youth detention accommodation under section 84 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, or
(c) subject to a form of custodial detention in a country or territory outside the United Kingdom while awaiting trial or sentence in that country or territory or during a trial in that country or territory.””
178ZZZD: Schedule 11, Page 194, line 13, at end insert—
““4A In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after ““3AA”” insert ““, 3AAA””.””
178ZZA: Schedule 11, page 198, line 4, at end insert—
““Bail (Amendment) Act 1993 (c. 26)
28A (1) Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.
(2) After subsection (1A) insert—
““(1B) Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.
(1C) An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1).””
(3) In subsection (2) for ““Subsection (1) above applies”” substitute ““Subsections (1) and (1B) above apply””.
(4) In subsections (3), (4) and (8) for ““or (1A)”” substitute ““, (1A) or (1B)””.
(5) In subsection (10)(a)—
(a) for ““reference in subsection (1)”” substitute ““references in subsections (1) and (1B)””, and
(b) for ““is to be read as a reference”” substitute ““are to be read as references””.””
178ZZB: Schedule 11, page 198, line 14, at end insert—
““30A In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).””
Amendments 178ZZZB to 178ZZB agreed.
Schedule 11, as amended, agreed.
Clauses 84 and 85 agreed.
Clause 86: Conditions etc on remands to local authority accommodation
Clause 86: Conditions etc on remands to local authority accommodation
Amendment 178ZA not moved.
Clause 86 agreed.
Clause 87: Requirements for electronic monitoring
Amendment 178ZZAZA
Clause 87: Requirements for electronic monitoring
Amendment 178ZZAZA
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord McNally
(Liberal Democrat)
in the House of Lords on Thursday, 9 February 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
735 c373-5 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 15:14:18 +0000
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