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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 2

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 2, line 1, after second "the" insert "direct"
Page 2, line 2, at end insert "and with the written authority of a chief inspector or more senior officer"
Page 2, line 2, at end insert—
"(2C)  He shall be required to carry evidence of identity and to produce it to the occupier."
 

Clause 3

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 2, line 31, after first "delay" insert "which shall not exceed two hours"
Page 2, line 33, at end insert "and a written copy of the reasons shall be given personally to the person forthwith"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA

Page 3, line 14, at end insert "and it shall set out the consequences of any failure to surrender to bail"
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 4, line 14, after "out" insert "with the authority of an officer with the rank of superintendent or above"
Page 4, line 15, leave out "with" and insert "between an officer of at least the rank of inspector and"
Page 4, line 16, at end insert "and the person arrested shall have the right to the presence during the review of his legal representation and shall be advised of that right"
 

Clause 5

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 4, line 26, leave out "an arrestable offence" and insert "an offence which is triable only on indictment"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 4, line 31, leave out from "is" to end and insert "inserted "if requested by the person"
 

Clause 9

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA

Page 6, line 16, at end insert—
"(6)  No code or revised code issued under this section shall have effect until approved by a resolution of each House of Parliament."
Page 6, line 31, at end insert—
"(7A)  No code or revised code issued under this section shall have effect until approved by a resolution of each House of Parliament."
 

Clause 41

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 44

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill.
 

Clause 45

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.
 

Clause 46

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.
 

Clause 47

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill.
 

Clause 48

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 48 stand part of the Bill.
 

Clause 49

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

Clause 69

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 46, line 37, leave out subsection (8)
Page 46, line 37, leave out "listed in Part 1 of Schedule 4" and insert "which carries a life sentence"
 

Clause 90

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD DHOLAKIA

Page 60, line 40, leave out paragraph (b)
 

Clause 93

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 62, line 15, leave out paragraph (c)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS
THE LORD DHOLAKIA

Page 62, line 16, leave out paragraph (d)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HODGSON OF ASTLEY ABBOTTS

Page 62, line 30, leave out subsection (4) and insert—
"(4)  In considering the probative value of such evidence the court is to have regard, in particular, to—
(a)  the extent (if any) to which the evidence tends to suggest that the defendant has a propensity to act in the specific manner alleged;
(b)  any similarities between the fact revealed by the evidence and those now alleged;
(c)  the extent to which any similarities may be attributed to coincidence;
(d)  any dissimilarities between the facts revealed by the evidence and those now alleged; and
(e)  the passage of time between the matter to which the evidence relates and the matters now alleged.
(4A)  In considering the prejudicial effect of such evidence the court is to have regard, in particular to—
(a)  the risk of the tribunal of fact attaching undue significance to the evidence in question in determining the defendant's guilt;
(b)  the risk of the tribunal of fact convincing the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matters now alleged;
(c)  any disproportion between the gravity of the conduct revealed by the evidence and the gravity of the matters now alleged; and
(d)  the risk that such evidence will confuse or distract the tribunal of fact."
 

Clause 254

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 147, line 29, at end insert—
"(7)  This section does not apply if the offender was under 18 when he committed the offence."
 

After Clause 284

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "
(1)  In this section—
 "the 1972 Act" means the European Communities Act 1972 (c. 68);
 "relevant Community instrument" means—
(a)  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
(b)  Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2)  Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
(3)  In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
(4)  In Scotland, a constable may arrest without a warrant a person—
(a)  who has committed or attempted to commit an offence under regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument, or
(b)  whom he has reasonable grounds for suspecting to have committed or to have attempted to commit such an offence.
(5)  Until the coming into force of paragraph 3 of Schedule 23 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a)  with the omission of the words "in relation to Scotland and Northern Ireland", and
(b)  as if, in relation to England and Wales, the definition of "relevant Community instrument" also included Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC.
(6)  Any reference in this section to a Community instrument is to be read—
(a)  as a reference to that instrument as amended from time to time, and
(b)  where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment)."
 

Clause 305

 

THE BARONESS SCOTLAND OF ASTHAL

Page 173, line 36, insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species)"
Page 173, line 38, leave out "and"
Page 173, line 39, at end insert ", and
  "the repeal in Part 8 of Schedule 31 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 301 so far as relating to that repeal)."
 

Clause 306

 

THE BARONESS SCOTLAND OF ASTHAL

Page 174, line 16, at end insert—
  "section (Enforcement of regulations implementing Community legislation on endangered species);"

 
 
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©Parliamentary copyright 2003
18 June 2003