Moved by
Baroness Williams of Trafford
92: Clause 141, page 138, leave out line 6 and insert “in relation to serious violence reduction orders.”
Member’s explanatory statement
This amendment widens the power to issue guidance in new section 342J of the Sentencing Code so that guidance may be issued on any matter relating to serious violence reduction orders.
93: Clause 141, page 138, line 6, at end insert—
“(1A) The guidance may in particular include—
(a) guidance about the exercise by constables, chief officers of police and the chief constable of the British Transport Police Force of their functions under this Chapter,
(b) guidance about identifying offenders in respect of whom it may be appropriate for applications for serious violence reduction orders to be made, and
(c) guidance about providing assistance to prosecutors in connection with applications for serious violence reduction orders.”
Member’s explanatory statement
This amendment provides a non-exhaustive list of the matters that may be covered by guidance issued under new section 342J of the Sentencing Code.
94: Clause 141, page 138, line 13, leave out from “section” to end
Member’s explanatory statement
This amendment is consequential on Baroness Williams of Trafford's second amendment to Clause 141.
95: Clause 141, page 138, line 13, at end insert—
“342JA Guidance: Parliamentary procedure
(1) Before issuing guidance under section 342J, the Secretary of State must lay a draft of the guidance before Parliament.
(2) If, within the 40-day period, either House of Parliament resolves not to approve the draft guidance, the guidance may not be issued.
(3) If no such resolution is made within that period, the Secretary of State may issue the guidance.
(4) In this section “the 40-day period”, in relation to draft guidance, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).
(5) In calculating the 40-day period, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than 4 days.”
Member’s explanatory statement
This amendment applies a negative resolution procedure to the power to issue guidance under new section 342J of the Sentencing Code.