UK Parliament / Open data

Serious Crime Bill [HL]

Moved by

Lord Taylor of Holbeach

41: Schedule 4, page 74, line 41, at end insert—

“25A In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—

“(d) made a restitution order;

(e) ordered the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”

25B (1) Section 100 of that Act (effect of postponement) is amended as follows.

(2) In subsection (3)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

“(d) make a restitution order, or

(e) order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”

(3) In subsection (4)—

(a) at the end of paragraph (b) omit “or”;

(b) after paragraph (c) insert—

“(d) making a restitution order, or

(e) ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge.”

25C (1) Section 104 of that Act (no order made: reconsideration of case) is amended as follows.

(2) In subsection (7), after paragraph (d) insert—

“(e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

“(f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”

(3) After subsection (8) insert—

“(8A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.”

25D (1) Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows.

(2) In subsection (10), after paragraph (d) insert—

“(e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

“(f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”

(3) After subsection (11) insert—

“(11A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply.”

25E (1) Section 106 of that Act (order made: reconsideration of benefit) is amended as follows.

(2) In subsection (8), after paragraph (c) insert—

“(d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned;

“(e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned.”

(3) In subsection (9)—

(a) for “the court must not” substitute “the court—

(a) must not”;

(b) at the end insert—

“(b) must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4).”

25F In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).

25G In section 131 of that Act (sums received by clerk of court)—

(a) in subsection (6), after “97(6)” insert “or 97A(4)”;

(b) after that subsection insert—

“(6A) If a direction was made under section 97A(2) or (4) for an amount payable under a restitution order or a victim surcharge under section 253F(2) of the Procedure Act to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount.”

25H In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).”

Type
Proceeding contribution
Reference
755 cc561-3 
Session
2014-15
Chamber / Committee
House of Lords chamber
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