Crime (International Co-operation) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 25

 

THE LORD FILKIN

62Page 14, line 11, leave out "24(2)(a)" and insert "24 if, in its opinion—
(a)  the condition in section 21(6) or (7) is met, or
(b)  the overseas freezing order has ceased to have effect in the participating country."
63Page 14, line 18, at end insert—
"(   )  If the territorial authority decides not to give a notice under section 24(2) in respect of any evidence retained by a constable under that section, the authority must give the constable a notice authorising him to release the evidence."
 

Clause 26

 

THE LORD FILKIN

64Page 15, line 1, after "sent" insert "to the territorial authority or"
 

Clause 27

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

65Page 15, line 12, leave out "Treasury" and insert "Secretary of State"
 

THE LORD DHOLAKIA
THE LORD GOODHART

66Page 15, line 14, leave out paragraph (a)
 

THE LORD FILKIN

67Page 15, line 15, leave out from "under" to "to" in line 16 and insert "sections 10, 11 and 13 to 26"
68Page 15, line 18, leave out "this group of" and insert "those"
69Page 15, line 19, leave out from "by" to "or" in line 21 and insert "a customs officer"
 

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

70Page 15, line 23, at end insert "and guidance issued by the Secretary of State"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

71Page 15, line 24, leave out subsection (2)
 

THE LORD FILKIN

72Page 15, line 26, leave out "this group of sections" and insert "sections 13 to 26"
73Page 15, line 28, leave out "this group of" and insert "those"
 

Clause 28

 

THE LORD FILKIN

74Page 16, line 12, after "prescribed" insert "or of a description prescribed"
75Page 16, line 13, after "offence" insert "or a description of offences"
76Page 16, line 15, after "offence" insert "or offences"
 

Clause 29

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

77Page 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

78Insert 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."
79Insert 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

80Page 17, line 5, leave out subsection (2)
81Page 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."
82Page 17, line 8, leave out "Unless he considers it inappropriate to do so,"
83Page 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."
84Page 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 31

 

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

85Page 17, line 43, at end insert—
"(   )  confirm that the witness has received independent legal advice"
 

Schedule 2

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

86Page 63, line 30, at end insert—
      "The nominated court must be notified that the witness is willingly giving evidence by television link."
87Page 63, line 34, leave out "may" and insert "shall"
88Page 64, line 4, leave out "any" and insert "those"
89Page 64, line 5, leave out "appears to him to" and insert "he is satisfied will"
90Page 64, line 8, at end insert "including those competent in sign language"
 

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

91Page 64, line 12, at end insert "or compelled to give any evidence which he could not be compelled to give in criminal proceedings in the court of the country concerned"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

92Page 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."
93Page 65, line 2, at end insert "including those competent in sign language"
 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

94Page 18, line 34, leave out ", or arrange for a constable to apply,"
 

THE LORD FILKIN

95Page 18, line 35, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

THE LORD DHOLAKIA
THE LORD GOODHART

96*Page 19, line 8, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 33

 

THE LORD FILKIN

97Page 19, line 32, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 35

 

THE LORD DHOLAKIA
THE LORD GOODHART

98Page 20, line 10, after "into" insert "serious"
 

THE LORD FILKIN

99Page 20, line 15, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

THE LORD DHOLAKIA
THE LORD GOODHART

100*Page 20, line 25, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 36

 

THE LORD DHOLAKIA
THE LORD GOODHART

101Page 20, line 32, after "into" insert "serious"
 

THE LORD FILKIN

102Page 21, line 4, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 37

 

THE LORD DHOLAKIA
THE LORD GOODHART

103*Page 21, line 29, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998 (c. 42)."
 

Clause 38

 

THE LORD FILKIN

104Page 22, line 9, leave out paragraph (b)
 

Clause 40

 

THE LORD DHOLAKIA
THE LORD GOODHART

105Page 22, line 32, after "into" insert "serious"
106*Page 23, line 5, at end insert "unless disclosure would be incompatible with a Convention right within the meaning of the Human Rights Act 1998."
 

Clause 41

 

THE LORD DHOLAKIA
THE LORD GOODHART

107Page 23, line 12, after "into" insert "serious"
 

THE LORD FILKIN

108Page 23, line 25, leave out paragraph (b)
 

Clause 43

 

THE LORD DHOLAKIA
THE LORD GOODHART

109Page 24, line 31, leave out subsections (3) and (4)
 

THE LORD FILKIN

110Page 25, line 13, at end insert—
  "In relation to Scotland, a power of attorney includes a factory and commission."
 

Clause 44

 

THE LORD DHOLAKIA
THE LORD GOODHART

111Page 25, line 17, at end insert "serious"
112Page 25, line 24, leave out subsections (3) and (4)
 

Clause 46

 

THE LORD FILKIN

113Page 26, line 11, at end insert "and
 "senior customs officer" means a customs officer who is not below the grade designated by the Commissioners of Customs and Excise as equivalent to that rank."
 

Clause 47

 

THE LORD DHOLAKIA
THE LORD GOODHART

114Page 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

115Page 27, line 18, leave out "cannot" and insert "may"
116Page 27, line 18, leave out "cannot" and insert "may in exceptional circumstances"
117Page 27, line 18, after "withdrawn" insert "on medical grounds"
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

118Page 28, line 13, leave out "cannot" and insert "may"
119Page 28, line 13, leave out "cannot" and insert "may in exceptional circumstances"
120Page 28, line 13, after "withdrawn" insert "on medical grounds"

 
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10 January 2003