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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 1, line 10, after "property)" insert "insofar as they are offences under that section of a type that is specified for the purposes of this section by the Secretary of State in an order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament"
 

Clause 2

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 2, line 1, leave out "company" and insert "presence"
 

After Clause 2

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Arrestable offences
(1)  Schedule 1A to the 1984 Act (specific offences which are arrestable offences) is amended as follows.
(2)  After paragraph 2 there is inserted—
     

    "Criminal Justice Act 1925

        2A   An offence under section 36 of the Criminal Justice Act 1925 (untrue statement for procuring a passport)."
(3)  After paragraph 6 there is inserted—
     

    "Misuse of Drugs Act 1971

        6A   An offence under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) in respect of a Class C drug (within the meaning of that Act)."
(4)  After paragraph 17 there is inserted—
        "17A   An offence under section 174 of the Road Traffic Act 1988 (false statements and withholding material information).""
 

Clause 3

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 2, line 26, after "delaying" insert "(for such time, which shall not exceed such maximum as may be prescribed by the Secretary of State in order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament)"
Page 3, line 3, leave out subsection (4)
Page 3, line 18, after "subsequently" insert ", within the period of two weeks from the date on which bail was granted,"
Page 3, line 24, after "but" insert "not"
Page 3, line 28, at end insert "and shall be deemed to have been released without bail from the time at which he receives the notice"
Page 3, line 43, after "fails" insert "without reasonable excuse"
Page 4, line 2, leave out "the specified police station or any other" and insert "any"
 

Clause 4

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Clause 5

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 4, line 26, leave out second "an" and insert "a serious"
Page 4, line 26, at end insert "or an offence specified for the purposes of this section by the Secretary of State in an order made by statutory instrument which shall not be made unless a draft of the order has been laid before, and approved by a resolution of each House of Parliament"
 

Clause 6

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 4, line 31, leave out from "him)," to end and insert "after "shall ascertain and" there is inserted "may""
Page 4, line 33, leave out "is omitted" and insert "for "shall" there is substituted "may""
 

Clause 8

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

 The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.
 

Clause 11

 

THE BARONESS SCOTLAND OF ASTHAL

 The Baroness Scotland of Asthal gives notice of her intention to oppose the Question that Clause 11 stand part of the Bill.
 

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

Page 7, line 4, leave out "a Class C drug" and insert "cannabis or cannabis resin"
 

Clause 12

 

THE LORD ADEBOWALE

Page 7, line 17, at end insert "and has reasonable grounds for believing that the person has a propensity to misuse Class A drugs and that the misuse by the person caused or contributed to an offence"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 7, line 26, leave out ""14"" and insert ""12""
 

THE LORD ADEBOWALE

Page 7, line 35, leave out paragraph (c)
Page 8, line 10, at end insert "; and
(c)  the relevant chief officer has been notified by the Secretary of State that arrangements have been or can be made for appropriate treatment for persons who have not attained 18, for the police area as a whole, in which the person is in police detention"
 

THE BARONESS SCOTLAND OF ASTHAL

Transpose Clause 12 to after Clause 3
 

Schedule 2

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 182, line 36, at end insert—
"(1CA)  Where conditions are imposed by a custody officer, no condition shall apply for more than 35 days from the day on which conditions are first imposed on a person's bail without charge".
Page 182, line 39, after "application" insert "by a constable or"
 

Clause 28

 

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

Page 18, line 31, leave out "a" and insert "the"
Page 18, line 31, leave out third "a" and insert "the"
 

Schedule 4

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Leave out Schedule 4 and insert the following new Schedule—
     

    "SCHEDULE 4

     

    QUALIFYING OFFENCES FOR PURPOSES OF PART 10

     

    PART 1

     

    LIST OF OFFENCES FOR ENGLAND AND WALES

     

    Murder

    1.      Murder.
     

    Rape

    2.      An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 3, 6 or 7 of the Sexual Offences Act 2003.
     

    Genocide, crimes against humanity and war crimes

    3.      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
     

    PART 2

     

    LIST FOR NORTHERN IRELAND

     

    Murder

    4.      Murder.
     

    Rape

    5.      Rape.
     

    Genocide, crimes against humanity and war crimes

    6.      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
     

    PART 3

     

    SUPPLEMENTARY

    7.      A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time."
 

Clause 78

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

Page 52, line 22, leave out "and"
Page 52, line 23, at end insert "and,
(c)  he has sought leave from a judge of the Crown Court on an ex-parte application."
 

Clause 90

 

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

Page 60, line 38, leave out "or tends to show"
 

Clause 93

 

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

Page 62, line 10, after first "if" insert "it has direct relevance to issues in the case"
Page 62, line 17, leave out ", or of the same category,"
Page 62, line 29, at end insert—
  "nor if the potential probative value of such evidence is so outweighed by its prejudicial effect"
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 facts 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 convicting the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matter 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 95

 

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

Page 63, line 4, leave out paragraph (b)
 

Clause 101

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 101 stand part of the Bill.
 

Clause 114

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 114 stand part of the Bill.
 

Clause 118

 

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

Page 75, line 43, at end insert—
"(1A)  No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings."
Page 76, line 12, leave out from beginning to "that"
Page 76, line 20, at end insert—
"(3A)  No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings."
 

After Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

Insert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(a)  at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."

 
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©Parliamentary copyright 2003
24 June 2003