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

Crime (International Co-operation) Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th December 2002, as follows—

Clauses 1 to 15
Schedule 1
Clauses 16 to 31
Schedule 2
Clauses 32 to 55
Schedule 3
Clauses 56 to 90
Schedules 4 and 5
Clauses 91 to 94

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

1Page 1, line 9, leave out "country outside the United Kingdom" and insert "participating country"
2Page 1, line 12, leave out subsection (2)
 

THE LORD CARLISLE OF BUCKLOW
THE BARONESS ANELAY OF ST JOHNS

3Page 1, line 15, leave out paragraphs (b) and (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

4Page 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

5Page 2, line 20, after "stating" insert "in ordinary language"
6Page 2, line 21, leave out "indicating" and insert "stating in ordinary language"
7Page 2, line 21, after "seek" insert "legal"
8Page 2, line 24, leave out "indicating" and insert "stating in ordinary language"
 

THE LORD DHOLAKIA
THE LORD GOODHART

9Page 2, line 25, after "a" insert "party or"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

10Page 2, line 31, leave out "(if possible)"
 

Clause 3

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

11Page 3, line 2, leave out "believes" and insert "suspects"
12Page 3, line 6, leave out "an" and insert "the"
13Page 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

14Page 3, line 24, at beginning insert "such"
15Page 3, line 24, after "arrangements" insert "as may be prescribed in an order"
16Page 3, line 31, leave out "there are good reasons for thinking" and insert "the Secretary of State is satisfied"
17Page 3, line 32, leave out "or is inappropriate"
 

Clause 5

 

THE LORD FILKIN

18Page 3, line 39, at end insert—
"(   )  Where citation or issue is by the prosecutor, is to be effected or the document to be served outside the United Kingdom and the prosecutor believes that the person against whom it is to be effected or on whom it is to be served does not understand English, the citation or document must be accompanied by a translation of it (or, in the case of a document, by a translation of so much of it as is material) in an appropriate language."
19Page 3, line 40, leave out "the citation" and insert "citation or issue is by the court,"
 

Clause 6

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS CARNEGY OF LOUR

20Page 4, line 19, leave out "by the Lord Advocate" and insert "under regulations made by the Scottish Ministers"
 

Clause 7

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

21Page 4, line 34, leave out "it appears to"
22Page 4, line 34, after "Kingdom" insert "is satisfied"
23Page 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."
24Page 5, line 28, leave out from beginning to second "the" in line 30
 

Clause 8

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

25Page 5, line 44, leave out "In cases of urgency,"
26Page 6, line 1, leave out paragraph (b)
27Page 6, line 3, at end insert—
"(4)  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

28Page 6, line 20, leave out "allowed" and insert "made provision for"
29Page 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

30Insert 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

31Page 6, line 44, leave out "substantial" and insert "significant"
32Page 7, line 1, leave out "is likely to" and insert "will"
 

THE LORD DHOLAKIA
THE LORD GOODHART

33*Page 7, line 2, at end insert—
"(   )  A domestic freezing order shall not be made if the order would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD DHOLAKIA
THE LORD GOODHART

34Page 7, line 7, leave out "any judge or justice of the peace" and insert "a circuit judge"
 

Clause 11

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE LORD DHOLAKIA
THE LORD GOODHART

35Page 7, line 14, after "State" insert "within 14 working days"
 

Clause 14

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

36Page 8, line 28, leave out paragraph (c)
37Page 8, line 28, after first "proceedings" insert "(as defined in section 52(1))"
38Page 8, line 29, leave out ", or intended to be carried on,"
39Page 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."
40Page 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"
41Page 8, line 40, leave out "is to regard as conclusive a" and insert "may have regard to any"
 

Clause 15

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS CARNEGY OF LOUR

42Page 9, line 17, leave out "Lord Advocate" and insert "Scottish Ministers"
43Page 9, line 21, leave out "Lord Advocate" and insert "Scottish Ministers"
 

Clause 16

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

44Page 9, line 41, after "constable" insert "or customs officer"
45Page 9, line 42, after first "investigation" insert "of which he has personal knowledge"
 

Clause 19

 

THE LORD DHOLAKIA
THE LORD GOODHART

46Page 11, line 16, after second "to" insert "the Secretary of State who will then forward the relevant evidence to"
 

THE LORD FILKIN

47Page 11, line 16, at end insert "or to the territorial authority for forwarding to that court or authority "
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

48Page 11, line 16, at end insert "within such time as the Secretary of State may by order prescribe"
 

THE LORD DHOLAKIA
THE LORD GOODHART

49Page 11, line 16, at end insert—
"(1A)  The territorial authority may, on receiving a request for assistance under section 13, require the requesting court or authority to give an undertaking that any evidence sent to it under subsection (1) will be used only in the proceedings or investigation in connection with which the request has been made.
(1B)  If an undertaking is requested under subsection (1A), subsection (1) will not apply if the undertaking has not been given."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

50Page 11, line 16, at end insert—
"(   )  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 20

 

THE LORD DHOLAKIA
THE LORD GOODHART

51Page 11, line 39, leave out paragraph (c)
 

THE LORD FILKIN

52Page 12, line 7, leave out "person who" and insert "court or authority which"
 

Clause 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

53Page 12, line 21, leave out "a court" and insert "the High Court"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS CARNEGY OF LOUR

54Page 12, line 27, leave out "Lord Advocate" and insert "Scottish Ministers"
 

THE LORD FILKIN

55Page 12, line 35, at end insert "of court"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

56Page 12, line 42, leave out "the participating country" and insert "a part of the United Kingdom"
57Page 12, line 44, after "country" insert "or the relevant part of it"
 

THE LORD DHOLAKIA
THE LORD GOODHART

58Page 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

59Page 13, line 19, leave out "section 21" and insert "sections 21 and 22"
 

Clause 24

 

THE LORD FILKIN

60Page 13, line 39, leave out from beginning to "any" in line 40
61Page 13, line 41, leave out from "be" to end of line 7 on page 14 and insert "retained by him until he is given a notice under subsection (2) or authorised to release it under section 25.
(2)  If—
(a)  the overseas freezing order was accompanied by a request for the evidence to be sent to a court or authority mentioned in section 13(2), or
(b)  the territorial authority subsequently receives such a request,
  the territorial authority may by notice require the constable to send the evidence to the court or authority that made the request."

 
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10 January 2003