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Amendments to the Criminal Justice and Police Bill

Criminal Justice and Police Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 26th April 2001, as follows—

Clause 47
Schedule 1
Clauses 48 to 51
Schedule 2
Clauses 52 to 71
Schedule 3
Clauses 72 to 88
Schedule 4
Clauses 89 to 103
Schedule 5
Clauses 104 to 108
Schedule 6
Clauses 109 to 129
Schedule 7
Clauses 130 to 138
Schedule 8
Clause 139

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 47

 

THE LORD BASSAM OF BRIGHTON

98Page 40, line 37, at end insert—
"(2A)  In so far as subsection (2) has effect in relation to—
(a)  information that has been obtained under or by virtue of the provisions of Part 5 of the Fair Trading Act 1973 (c. 41) (mergers); or
(b)  information that has been obtained, for the purpose of facilitating the exercise by a relevant authority of functions under Part 5 of that Act, under or by virtue of the provisions of Part 8 of that Act ,
  that subsection shall have effect as if, in paragraphs (a) and (b), for "whether in the United Kingdom or elsewhere" there were substituted "in the United Kingdom"."
 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

99Page 40, line 37, at end insert—
"(2A)  Information shall not be disclosed by virtue of this section except with the consent of the appropriate judicial authority."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN
THE BARONESS NOAKES

100Page 40, line 37, at end insert—
"(   )  Disclosure of information under this section for overseas criminal proceedings or investigations shall only be permitted where the conduct in question to which the proposed disclosure of the information relates amounts to a criminal offence in both the United Kingdom and in the country, or countries, to which the information is to be disclosed.
(   )  Disclosure of information shall not be permitted where the information in question relates to an agreement or decision by an association of undertakings or concerted practice which may affect trade between Member States of the EU."
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

101Page 40, line 38, leave out subsections (3) and (4)
 

THE LORD BASSAM OF BRIGHTON

102Page 41, line 8, at end insert—
"(5A)  In this section "relevant authority" means the Secretary of State, the Director General of Fair Trading or the Competition Commission."
 

Clause 48

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

103[Withdrawn]
104Page 41, line 23, after "47" insert "or 49"
105Page 41, line 24, leave out "that section" and insert "either of those sections"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

106Page 41, line 45, leave out subsection (4)
107Page 42, line 1, leave out paragraph (b)
108Page 42, line 33, leave out subsection (10)
 

Clause 49

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

109Page 43, line 6, at end insert ", and
(b)  with the consent of the appropriate judicial authority"
110Page 43, line 26, at end insert—
"(   )  Section 4A of the Inland Revenue Regulation Act 1890 (c. 21) and section 8 of the Customs and Excise Management Act 1979 (c. 2) do not apply to the exercise of the authority of the Commissioners under this section."
 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

After Clause 49

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

111Insert the following new Clause—
  "Consent by appropriate judicial authority
(1)  The appropriate judicial authority shall give its consent under section 48(2A) or 49(3) only if it is satisfied that the person seeking to disclose information has reasonable grounds for believing that a crime has been committed.
(2)  The authority may give its consent subject to any conditions or to any restrictions on the use of the information that it thinks appropriate."
112Insert the following new Clause—
  "Disclosure of information: application hearing
(1)  Any person affected, or likely to be affected, by the disclosure of information for which consent under section 47(2A) or 49(3) is applied for shall be informed of that application and shall be entitled to attend and to be heard at the hearing of the application.
(2)  Subsection (1) above shall not apply if the appropriate judicial authority is satisfied that the criminal investigations or criminal proceedings which are the purpose of the intended disclosure under section 47(2) or 49(2) would be significantly impaired."
113Insert the following new Clause—
  "Application to disclose information to persons outside the United Kingdom
  Where an application under section 47(2A) or 49(3) is made to disclose information to a person outside the United Kingdom, the appropriate judicial authority shall take into account—
(a)  whether the person to whom information is to be disclosed can be relied upon to use the information only for the purposes for which it is intended to be provided;
(b)  whether the penalties that could result from related criminal proceedings are significantly more severe than could be applied if the crime were committed in the United Kingdom; and
(c)  whether the country in which criminal proceedings could take place is a signatory to the United Nations Convention on Human Rights."
114Insert the following new Clause—
  "Disclosure of information: offence
  A person who discloses information to which sections 47 and 49 apply otherwise than in accordance with those sections shall be guilty of an offence and be liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both; or
(b)  on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both."
 

Clause 50

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

115Page 43, line 28, at end insert—
  ""appropriate judicial authority" means—
(a)  in relation to England and Wales, a judge of the Crown Court;
(b)  in relation to Scotland, a sheriff;"
116Page 43, line 35, leave out "or" and insert "and"
 

Clause 51

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

117Page 45, line 7, at end insert "; and
(f)  in the case of material held in electronic form, whether it would be reasonably practicable for the material to be copied on those premises"
118Page 45, line 8, leave out subsection (4)
118APage 45, line 8, at beginning insert "If a person has reasonable grounds to believe that the property to be seized under subsection (2) may include anything that is legally privileged, that property shall only be examined when the owner of the property has a reasonable chance to ensure that his legal representative is present for the separation; and"
 

Clause 52

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

119Page 46, line 21, leave out subsection (4)
 

Clause 53

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

120Page 47, line 7, after "attach" insert "within the premises"
121Page 47, line 7, leave out "to the premises"
122Page 47, line 7, leave out "to" and insert "within, or on the exterior of,"
 

Clause 54

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

122A[Withdrawn]
122ZAPage 48, line 16, after "property" insert "to have"
122BPage 48, line 17, at end insert—
"(   )  Where the initial examination of the seized property has been conducted without the presence of—
(a)  the person from whom it was seized (or his representative), or
(b)  a person with an interest in that property (or his representative),
  the person for the time being in possession of the property shall give written notice of the reasons why the examination was conducted without the presence of that person or his representative, unless that person has declined the opportunity to be present at the examination."
 

Clause 60

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

123Page 52, line 39, at end insert—
"(   )  An application made under subsection (2) shall be heard by the appropriate judicial authority within 48 hours of it being made."
124Page 53, line 28, after "return" insert "within such reasonable period of time as the authority shall specify"
 

Clause 62

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

125Page 56, line 21, at end insert—
"(   )  The duty to secure that arises under this section is also a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that any material (including any documents, photographs and material in electronic form) in the possession of any person that has been created as a consequence of the seizure of the seized property prior to the giving of the notice of the application under section 61(1) is not at any time—
(a)  further examined or copied, or
(b)  put to any other use,
  except with the consent of the applicant or in accordance with the direction of the appropriate judicial authority."
126Page 56, line 22, leave out "Subsection (1)" and insert "Subsections (1) and (1A)"
 

Clause 70

 

THE LORD BASSAM OF BRIGHTON

127Page 63, line 33, leave out "modify any enactment that makes" and insert "make any modification of any enactment making"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

128Page 63, line 33, leave out "modify" and insert "make any modification, which the Secretary of State considers appropriate in consequence of any provision made by virtue of paragraph (a), to"
129Page 63, line 34, leave out from "under" to end of line 35 and insert "such a provision"
 

THE LORD BASSAM OF BRIGHTON

130Page 63, line 35, at end insert "which the Secretary of State considers appropriate in consequence of any provision made by virtue of that paragraph"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

130APage 63, line 37, leave out from "Scotland" to end of line 38 and insert "no such order shall be made unless a draft of it has been laid before the Scottish Parliament and approved, in so far as it relates to Scotland, by a resolution of that Parliament"
 

THE LORD BASSAM OF BRIGHTON

131Page 64, leave out line 2
 

Clause 74

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131APage 65, line 8, after "inspector" insert "(who is present at another police station)"
131BPage 65, line 8, after "a" insert "secure"
131CPage 65, line 25, at end insert "; and
(d)  a recording shall be made of telephone conversations relating to the carrying out of the review between the officer carrying out the review and persons in the police station where the arrested person is held (including any representations made orally by telephone to the officer carrying out the review under subsection (4) below))"
131DPage 65, line 46, after "communicate" insert "in a secure manner"
131EPage 65, line 46, at end insert—
    "(1A)  The functions mentioned in subsection (2) may only be performed under the provisions of this section by an officer who is not present at the police station where the arrested person is being held if it would not, in all the circumstances, be reasonably practicable for an officer present at that station to perform those functions."
131FPage 66, line 24, at end insert "; and
(c)  a recording shall be made of any video-conference relating to the carrying out of the review between the officer carrying out the review and persons in the police station where the arrested person is held (including any representations made orally by means of the video-conferencing facilities to the officer carrying out the review under subsection (7) below))"

 
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©Parliamentary copyright 2001
4 May 2001