House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


SECOND
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 11 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 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."
 

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 DHOLAKIA
THE LORD GOODHART

73A*Page 15, line 36, at end insert—
 ""freezing order" means any measure taken by a competent judicial authority in the issuing State in order provisionally to prevent the destruction, transformation, moving, transfer or disposal of property that could be subject to confiscation or evidence,"
 

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 LORD DHOLAKIA
THE LORD GOODHART

91A*Page 64, line 21, at end insert—
"(   )  Rules of court under section 49 must provide for the witness, where appropriate, to be given advice as to his rights under this paragraph."
 

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"

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
22 January 2003