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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 3

 

THE BARONESS WALMSLEY

Page 3, line 24, at end insert—
    "(8)  In cases where the person arrested is a child bail will only be granted in the presence of an appropriate adult to whom copies of any notifications must be given.
    (9)  "Appropriate adult" has the same meaning as defined by the Codes of Practice derivative from the Police and Criminal Evidence Act 1984 (c. 60)."
 

Clause 4

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

 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 WALMSLEY

Page 4, leave out line 26 and insert—
"(b)  an offence for which he is under arrest is—
(i)  an arrestable offence;
(ii)  in the case of a child or member of another vulnerable group entitled to the presence of an "appropriate adult" as defined in the Codes of Practice derivative from the Police and Criminal Evidence Act 1984 (c. 60), a serious arrestable offence;"
 

Clause 9

 

THE BARONESS SCOTLAND OF ASTHAL

Page 6, line 13, leave out "and" and insert—
    "(   )  the General Council of the Bar,
    (   )  the Law Society of England and Wales,
    (   )  the Institute of Legal Executives, and"
 

THE BARONESS WALMSLEY

Page 6, line 14, at end insert "to be specified by a list issued by the Secretary of State which must include organisations involved in consultations on revisions of the codes prior to the enactment of this Act."
 

THE BARONESS SCOTLAND OF ASTHAL

Page 6, leave out lines 15 and 16 and insert—
    "(5)  A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
    (6)  The power conferred by subsection (5) is exercisable by statutory instrument.
    (7)  An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
    (7A)  An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
    (7B)  When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
    (7C)  No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
    (7D)  An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.""
 

Clause 11

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 12

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

Page 7, line 26, leave out "14" and insert "17"
Page 7, line 27, leave out paragraph (b)
Page 7, line 35, leave out paragraph (c)
 

Clause 15

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 10, line 12, leave out from "custody" to end of line 13
Page 10, leave out lines 25 to 28
 

Clause 17

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 12, line 12, leave out subsections (2) to (5)
 

Clause 18

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

Clause 22

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 16, line 7, after "caution" insert "in respect of an offence and in lieu of charging"
 

Clause 24

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 17, line 7, after "instituted" insert—
"(a)"  
Page 17, line 8, at end insert—
"(b)  any admission contained in the document referred to in section 23(5) shall be inadmissible in evidence."
 

Clause 33

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 38

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 25, line 6, leave out ", (3) and (4)" and insert "and (3)"
Page 25, leave out lines 40 to 45
Page 26, leave out lines 13 to 15
Page 26, leave out lines 22 to 25
Page 27, leave out line 6
 

Schedule 3

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 184, line 43, at end insert—
"(   )      Where the court makes a decision under subsection (1) that the offence is more suitable for summary trial, having been informed of the accused's previous convictions under subsection (2)(a), the court as constituted shall not continue to try the accused."
Page 190, line 37, after "begins" insert "and in any event within seven days of the allocation decision"
Page 190, line 39, at end insert "; and
(c)  must be served on the accused to give him an opportunity to make representations as to the application."
Page 191, line 28, leave out paragraph 14
 

Clause 107

 

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

Page 68, line 15, leave out paragraph (d)
Page 68, line 19, leave out "(1)(d)" and insert "(1)"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 68, line 33, leave out paragraphs (h) and (i) and insert—
"(h)  any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence);
(i)  any other relevant circumstances."
 

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

Page 68, line 38, at end insert—
"(   )  A statement under subsection (1) may be admitted only if the court is satisfied that, having regard to subsection (2), it would be in the interests of justice for it to be admitted."
 

Clause 108

 

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

Page 69, line 9, at end insert—
"(   )  A statement of opinion is only admissible if the opinion would have been admissible as oral evidence in the proceedings."
 

Clause 109

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 69, line 34, leave out subsection (4) and insert—
"(4)  In appropriate cases, leave may be given under subsection (2)(e) having regard to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made in relation to the relevant person."
 

Clause 114

 

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

Page 74, line 15, at end insert—
"(   )  In exercising its discretion under section 107(1)(A) to admit evidence under subsection (1), the court must give reasons why, despite the difficulties there may be in challenging the statement, the evidence should be admitted."
 

Clause 119

 

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

Page 76, line 37, at end insert "including the power to exclude prosecution evidence where its prejudicial effect outweighs its probative value."
 

Clause 303

 

THE BARONESS SCOTLAND OF ASTHAL

Page 173, line 6, leave out "Part 9 or 11 of this Act" and insert "any provision of this Act specified in subsection (1A)"
Page 173, line 11, at end insert—
"(1A)  The provisions are—
(a)  in Part 1, sections 1, 3, 5 to 8, 10 and 11 and paragraphs 1, 2, 5 to 10 and 20 of Schedule 1, and
(b)  Parts 8, 9 and 11."

 
 
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©Parliamentary copyright 2003
25 June 2003