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]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 17th February 2003, as follows—

Clauses 1 to 15
Schedule 1
Clauses 16 to 31
Schedule 2
Clauses 32 to 54
Schedule 3
Clauses 55 to 89
Schedule 4
Clause 90
Schedules 5 and 6
Clauses 91 to 95

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

1Page 1, line 14, at end insert "or"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD CARLISLE OF BUCKLOW

2Page 2, line 1, leave out paragraph (b)
 

THE BARONESS ANELAY OF ST JOHNS

3Page 2, line 1, leave out "by an administrative authority"
4Page 2, line 2, after "proceedings" insert "and judicial proceedings"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

5Page 2, line 3, at end insert "or"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD CARLISLE OF BUCKLOW

6Page 2, line 4, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

7Page 2, line 6, at end insert "or"
8Page 2, line 12, at end insert—
"(   )  The Secretary of State shall 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 LORD GOODHART
THE LORD DHOLAKIA

9Page 2, line 28, after "a" insert "party or"
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

10Page 3, line 26, at beginning insert "such"
11Page 3, line 26, after "arrangements" insert "as may be prescribed in an order"
 

Clause 5

 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

12Page 3, line 43, at end insert "and"
 

THE LORD FILKIN

13Page 4, line 1, at beginning insert "the citation"
14Page 4, line 1, after "document" insert "issued is"
 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

15Page 4, line 1, after "document" insert "is"
16Page 4, line 9, at end insert "and"
 

THE LORD FILKIN

17Page 4, line 10, at beginning insert "the citation"
18Page 4, line 10, after "document" insert "issued is"
 

THE BARONESS CARNEGY OF LOUR
THE BARONESS ANELAY OF ST JOHNS

19Page 4, line 10, after "document" insert "is"
 

After Clause 9

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

20Insert the following new Clause—
  "Freezing orders: annual report
  The Secretary of State shall lay annually before Parliament a report on the use of freezing orders."
 

Clause 11

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

21Page 7, line 27, at end insert—
"(   )  The Secretary of State may by order prescribe, in respect of freezing orders made in England and Wales or Northern Ireland, time limits within which such orders must be sent or forwarded under the provisions of this section.
(   )  The Scottish Ministers may by order prescribe, in respect of freezing orders made in Scotland, time limits within which such orders must be sent or forwarded under the provisions of this section."
 

THE LORD FILKIN

22Page 7, line 35, at end insert—
"(   )  The judicial authority is to send the order to the Secretary of State or the Lord Advocate before the end of the period of 14 days beginning with its being made."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

23Page 8, line 1, at end insert—
"(6)  The provisions of this section shall cease to have effect ten years after the day on which they are brought into effect by virtue of provision made under section 93."
 

Clause 13

 

THE LORD GOODHART
THE LORD DHOLAKIA

24Page 8, line 19, at end insert—
"(   )  The authority may, if it thinks fit, refuse a request for assistance except on condition that the evidence obtained in pursuance of the request shall not be used or disclosed (except in a public, judicial or administrative hearing related to the request) for any purposes other than for the criminal proceedings or criminal investigation in connection with which the request has been made."
 

Clause 19

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

25Page 11, line 29, after "sent" insert "within such time as the Secretary of State may by order prescribe"
 

Clause 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

26Page 13, line 11, at end insert—
"(5A)  The first condition is that, if the person whose conduct is in question were charged in any part of the United Kingdom with an offence equivalent to the offence to which the overseas freezing order relates, he would be entitled to be discharged under any rule of law in that part of the United Kingdom relating to previous acquittal or conviction."
27Page 13, line 12, leave out "first" and insert "second"
 

THE LORD FILKIN

28Page 13, line 14, after "relates" insert "or in the United Kingdom with a corresponding offence"
29Page 13, line 15, leave out "in that country"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

30Page 13, line 16, leave out "second" and insert "third"
 

Clause 22

 

THE LORD GOODHART
THE LORD DHOLAKIA

31Page 13, line 28, at end insert—
"(   )  A production order may only be made by the Crown Court.
(   )  A production order may only be made if the court is satisfied that one or other of the sets of access conditions set out in Schedule 1 to the Police and Criminal Evidence Act 1984 (c. 60) is fulfilled."
 

Clause 28

 

THE LORD FILKIN

32Page 16, line 9, leave out from "(c. 60)" to "or" in line 10 and insert "Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (c. 29)"
 

Clause 29

 

THE LORD FILKIN

33Page 17, line 5, after "(c. 33)" insert "or Article 81(1A) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))"
 

Clause 30

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

34Page 17, line 21, at end insert—
"(   )  A request under subsection (1) must specify—
(a)  the reason why it is not desirable or possible for the witness or expert to attend in person; and
(b)  the name of the judicial authority and the names of the persons who will be conducting the hearing."
35Page 17, line 26, leave out "the" and insert "that"
36Page 17, line 27, leave out "the" and insert "that"
37*Page 17, line 42, at end insert—
"(   )  Nothing in this section shall apply unless it is confirmed that the witness has received independent legal advice."
 

Clause 31

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

38Page 18, line 20, leave out "the" and insert "that"
39Page 18, line 21, leave out "the" and insert "that"
 

Schedule 2

 

THE LORD FILKIN

40Page 63, line 34, leave out "may" and insert "is to"
 

THE LORD GOODHART
THE LORD DHOLAKIA

41Page 64, line 21, at end insert—
"(   )      Rules of court under section 49 must provide for the witness, where appropriate, to be given written advice in a language he understands as to his rights under this paragraph."
 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

42Page 19, line 8, leave out "appears to him to be" and insert "he has reasonable grounds to believe is"
 

THE LORD GOODHART
THE LORD DHOLAKIA

43Page 19, line 9, leave out "participating country" and insert "country outside the United Kingdom"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

44Page 19, line 9, after "country" insert "as defined in subsection (9)"
45Page 19, line 22, at end insert—
"(   )  No customer information order shall be issued unless—
(a)  the authority referred to in subsection (2) has included in its application a full explanation of its reasons behind the application, and
(b)  the Secretary of State is satisfied that those reasons are sufficient to justify the issuing of the customer information order."
46Page 19, line 33, at end insert—
"(9)  A "participating country" for the purposes of this section shall be defined as a European Union member state which has incorporated similar provisions in domestic law."
 

Clause 33

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

47Page 20, line 3, leave out paragraph (a)
 

Clause 35

 

THE LORD GOODHART
THE LORD DHOLAKIA

48Page 20, line 35, leave out "participating country" and insert "country outside the United Kingdom"
49Page 20, line 35, after "into" insert "serious"
 

Clause 36

 

THE LORD GOODHART
THE LORD DHOLAKIA

50Page 21, line 17, after "into" insert "serious"
 

Clause 37

 

THE LORD GOODHART
THE LORD DHOLAKIA

51Page 21, line 42, leave out "participating country" and insert "country outside the United Kingdom"
 

Clause 38

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

52Page 22, line 33, leave out paragraph (a)
 

Clause 40

 

THE LORD GOODHART
THE LORD DHOLAKIA

53Page 23, line 20, leave out "participating country" and insert "country outside the United Kingdom"
54Page 23, line 20, after "into" insert "serious"
 

Clause 41

 

THE LORD GOODHART
THE LORD DHOLAKIA

55Page 23, line 42, after "into" insert "serious"
 

Clause 43

 

THE LORD GOODHART
THE LORD DHOLAKIA

56Page 25, line 8, leave out "participating country" and insert "country outside the United Kingdom"
57Page 25, line 24, leave out "participating country" and insert "country outside the United Kingdom"
58Page 25, line 26, leave out "participating"
59Page 25, line 33, leave out "participating country" and insert "country outside the United Kingdom"

 
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
24 February 2003