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Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 1, line 9, leave out "a country outside the United Kingdom" and insert "a participating country"
Page 1, line 12, leave out subsection (2)
Page 2, line 9, at end insert—
"(   )  The Secretary of State may by order make regulations prescribing the circumstances in which a document is (or is not) to be deemed as having been served for the purposes of subsection (3)."
 

Clause 2

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 2, line 20, after "stating" insert "in ordinary language"
Page 2, line 21, leave out "indicating" and insert "stating in ordinary language"
Page 2, line 21, after "seek" insert "legal"
Page 2, line 24, leave out "indicating" and insert "stating in ordinary language"
Page 2, line 31, leave out "(if possible)"
 

Clause 3

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 3, line 2, leave out "believes" and insert "suspects"
Page 3, line 6, leave out "an" and insert "the"
Page 3, line 6, at end insert "(and, if different, a language that he has reason to believe the person on whom the process is to be served understands)"
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 3, line 24, at beginning insert "such"
Page 3, line 24, after "arrangements" insert "as may be prescribed in an order"
Page 3, line 31, leave out "there are good reasons for thinking" and insert "the Secretary of State is satisfied"
Page 3, line 32, leave out "or is appropriate"
 

Clause 7

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 4, line 34, leave out "it appears to"
Page 4, line 34, after "Kingdom" insert "is satisfied"
Page 5, line 3, at end insert—
"(2A)  A request for assistance under this section shall include information on the procedures regarding the gathering and admissibility of evidence that apply in the part of the United Kingdom where it is proposed that the evidence shall be used, and in particular shall include details of the procedures under which evidence may lawfully be obtained for use in proceedings in that part."
Page 5, line 28, leave out from beginning to second "the" in line 30
 

Clause 8

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 5, line 44, leave out "in cases of urgency,"
Page 6, line 1, leave out paragraph (b)
Page 6, line 3, at end insert—
"(4A)  The Secretary of State may by order make regulations prescribing the circumstances in which a situation is (or is not) to be deemed a case of urgency for the purposes of subsection (3)."
 

Clause 9

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 6, line 20, leave out "allowed" and insert "made provision for"
Page 6, line 22, at end insert—
"(4A)  The Lord Chancellor shall arrange for training in the law and procedure of such countries other than the United Kingdom as he considers appropriate to be given to judges and magistrates before they sit in proceedings where evidence obtained pursuant to a request for assistance under section 7 is to be adduced."
 

After Clause 9

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Freezing orders
  The Secretary of State shall appoint an independent person to make an annual report on the use of freezing orders and shall lay that report before Parliament when he receives it."
 

Clause 10

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 6, line 44, leave out "substantial" and insert "significant"
Page 7, line 1, leave out "is likely to" and insert "will"
 

Clause 14

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 8, line 28, leave out paragraph (c)
Page 8, line 28, after "clemency proceedings," insert "(as defined in section 52(1))"
Page 8, line 29, leave out ", or intended to be carried on,"
Page 8, line 30, at end insert—
"(1A)  In subsection (1)(c), "administrative proceedings" means proceedings that if carried on in the United Kingdom would be proceedings before a court."
Page 8, line 36, at end insert—
"(aa)  that if the conduct constituting the offence were to occur in a part of the United Kingdom, it would constitute an offence in that part, and"
Page 8, line 40, leave out "is to regard as conclusive a" and insert "may have regard to any"
 

Clause 16

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 9, line 41, after "constable" insert "or customs officer"
Page 9, line 42, after first "investigation" insert "of which he has personal knowledge"
 

Clause 19

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 11, line 16, at end insert "within such time as the Secretary of State may by order prescribe"
Page 11, line 16, at end insert—
"(1A)  A constable who has seized evidence under or by virtue of section 16, 17 or 18 shall make and retain a copy (or, where appropriate, a photograph or other representation) of that evidence in accordance with regulations which shall be made by the Secretary of State by order."
 

Clause 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 12, line 21, leave out "a court" and insert "the High Court"
Page 12, line 42, leave out "the participating country" and insert "a part of the United Kingdom"
Page 12, line 44, after "country" insert "or the relevant part of it"
 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 13, line 3, at end insert—
"(   )  The third condition is that the freezing order is manifestly incompatible with the certificate which accompanies it".
 

Clause 22

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 13, line 19, leave out "section 21" and insert "sections 21 and 22"
 

Clause 27

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 15, line 12, leave out "Treasury" and insert "Secretary of State"
Page 15, line 12, leave out "Treasury" and insert "Secretary of State"
 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 15, line 14, leave out paragraph (a)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 15, line 24, leave out subsection (2)
 

Clause 29

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 16, line 35, at end insert—
"(1A)  An order under subsection (1) shall be made by statutory instrument and may not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resolution of each House of Parliament."
 

After Clause 29

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Application of sections 30 and 31
(1)  This section applies for the purposes of sections 30 and 31.
(2)  Before a person gives evidence he shall be informed in ordinary language of—
(a)  whether or not he is compelled to give evidence (and if so in what circumstances), and
(b)  the uses to which his evidence (or the fact of his failure to give evidence) may be put by the court in a country outside the United Kingdom before which the proceedings are carried on."
Insert the following new Clause—
  "Application of sections 30 and 31 (No. 2)
(1)  This section applies for the purposes of sections 30 and 31.
(2)  For the avoidance of doubt, proceedings before a nominated court are not to be treated as proceedings before a court of any country other than the United Kingdom, and nothing in sections 30 and 31 confers any jurisdiction on a court of any country other than the United Kingdom in respect of anything done in the United Kingdom."
 

Clause 30

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 17, line 5, leave out subsection (2)
Page 17, line 7, at end insert—
"(   )  A request under subsection (1) must—
(a)  specify the reason why it is not desirable or possible for the witness or expert to attend in person;
(b)  give the name of the judicial authority and the names of the persons who will be conducting the hearing; and
(c)  state that the witness is willing to give evidence by television link in the proceedings before that court."
Page 17, line 8, leave out "Unless he considers it inappropriate to do so,"
Page 17, line 10, at end insert—
"(   )  The provisions of subsections (4) and (5) shall be drawn to the attention of any person giving evidence by virtue of this section before he gives evidence."
Page 17, line 13, at end insert "(unless the conduct in question would not constitute contempt of the court in the country outside the United Kingdom before which the proceedings in question are being carrried on)"
 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 18, line 34, leave out ", or arrange for a constable to apply,"
 

Clause 40

 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 22, line 32, after "into" insert "serious"
 

Clause 41

 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 23, line 12, after "into" insert "serious"
 

Clause 43

 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 24, line 31, leave out subsections (3) and (4)
 

Clause 44

 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 25, line 17, at end insert "serious"
Page 25, line 24, leave out subsections (3) and (4)
 

Clause 47

 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 27, line 14, at end insert "and if before making the statement the person making it was offered access to advice on the legal consequences of a transfer for the prisoner and has either received such advice or has refused to request it."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 27, line 18, leave out "cannot" and insert "may"
Page 27, line 18, leave out "cannot" and insert "may in exceptional circumstances"
Page 27, line 18, after "withdrawn" insert "on medical grounds"
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 28, line 13, leave out "cannot" and insert "may"
Page 28, line 13, leave out "cannot" and insert "may in exceptional circumstances"
Page 28, line 13, after "withdrawn" insert "on medical grounds"
 

Before Clause 49

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
  "Persons under 18 years of age
  The Secretary of State may by order provide that the provisions of this Part shall apply with modifications in respect of persons under 18 years of age to take into account the needs of such persons."
 

Clause 51

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 29, line 20, leave out from "Treasury" to "of" in line 21 and insert "may only be made if a draft of the statutory instrument has been laid before and approved by a resolution of both Houses"
Page 29, line 22, leave out from "Ministers" to "a" in line 23 and insert "may only be made if a draft of the statutory instrument has been laid before and approved by"
 

Clause 52

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 29, line 44, after "removal" insert "or reduction"
 

THE LORD DHOLAKIA
THE LORD GOODHART

Page 30, line 17, at end insert—
"(   )  No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 30, line 17, at end insert—
"(2A)  An order made under subsection (2) shall be made by statutory instrument and may only be made if a draft of the statutory instrument containing the order has been laid before and approved by a resolution of each House of Parliament."
 

Clause 53

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 31, line 27, at end insert—
    "(i)  aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, any of the offences in paragraphs (a) to (h)"
Page 32, line 2, at end insert—
    "(e)  aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, any of the offences in paragraphs (a) to (d)"
Page 32, line 5, after "of" insert "or employed by"
Page 32, line 10, after "of" insert "or employed by"
 

Clause 55

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 35, line 24, leave out "in prescribed circumstances" and insert "where a member State other than the United Kingdom has declared that it will apply discretionary conditions to the recognition of disqualifications, as desribed in Article 6(2) of the Convention on Driving Disqualifications 1998"
 

Clause 83

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

 The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.
 

Clause 84

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 56, line 20, leave out "under" and insert "in conformity with"
 

Schedule 2

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 63, line 30, at end insert—
      "The nominated court must be notified that the witness is willingly giving evidence by television link."
Page 63, line 34, leave out "may" and insert "shall"
Page 64, line 4, leave out "any" and insert "those"
Page 64, line 5, leave out "appears to him to" and insert "he is satisfied will"
Page 64, line 8, at end insert "including those competent in sign language"
Page 64, line 38, at end insert—
      "The nominated court shall intervene where it considers it necessary to do so in order to safeguard the rights of the witness."
Page 65, line 2, at end insert "including those competent in sign language"

 
 
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©Parliamentary copyright 2002
18 December 2002