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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 9

 

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

Page 6, line 14, at end insert "including those representing the interests of the victim, lay and professional witnesses and defendants"
 

Clause 12

 

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

Page 8, leave out lines 20 to 23
 

Clause 13

 

THE BARONESS SCOTLAND OF ASTHAL

Page 9, line 7, leave out "that Part" and insert "Part 1 of Schedule 1 to the 1976 Act"
 

Clause 14

 

THE BARONESS SCOTLAND OF ASTHAL

Page 9, line 42, leave out "the defendant"
Page 9, line 43, at beginning insert "the defendant"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE BARONESS SCOTLAND OF ASTHAL

Page 10, line 28, at end insert—
"(1A)  After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
     "9AB (1)    Subject to sub-paragraph (2) below, this paragraph applies if—

       (a)   the defendant is under the age of 18, and
      (b)   it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
    (2)      Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
    (3)      In deciding for the purposes of paragraph 2(1) of this Part of this Schedule whether it is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
    (a)  where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
    (b)  where he did have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
    (4)      For the purposes of this paragraph, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody.""
Page 10, line 36, leave out "subsection (12) or" and insert "either or both of subsections (12) and"
Page 10, line 41, leave out subsection (13) and insert—
"(13)  This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence."
 

Clause 16

 

THE BARONESS SCOTLAND OF ASTHAL

Page 11, leave out line 28
Page 11, line 29, at beginning insert—
"(aa)  that the person concerned resides at a particular place other than a bail hostel,"
 

Clause 17

 

THE BARONESS SCOTLAND OF ASTHAL

Page 12, line 28, leave out from "bail" to end of line 29
 

Clause 20

 

THE BARONESS SCOTLAND OF ASTHAL

Page 15, line 39, at beginning insert "Schedule or paragraph 6A does not apply by virtue of paragraph 6C of this Part of this"
 

Clause 22

 

THE BARONESS SCOTLAND OF ASTHAL

Page 16, line 14, leave out "ensuring or"
Page 16, line 19, leave out "Director of Public Prosecutions" and insert "a relevant prosecutor"
 

Clause 23

 

THE BARONESS SCOTLAND OF ASTHAL

Page 16, line 24, leave out "the Director of Public Prosecutions" and insert "a relevant prosecutor"
 

Clause 25

 

THE BARONESS SCOTLAND OF ASTHAL

Page 17, line 20, leave out "the Director of Public Prosecutions" and insert "a relevant prosecutor"
 

Clause 26

 

THE BARONESS SCOTLAND OF ASTHAL

Page 18, line 4, at end insert—
 ""relevant prosecutor" means—
(a)  the Director of the Serious Fraud Office,
(b)  the Director of Public Prosecutions,
(c)  a Secretary of State,
(d)  the Commissioners of Inland Revenue,
(e)  the Commissioners of Customs and Excise, or
(f)  a person who is specified in an order made by the Secretary of State as being a relevant prosecutor for the purposes of this Part."
 

Schedule 2

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 179, line 23, after "bail" insert "for a period of not longer than 28 days"
 

THE BARONESS SCOTLAND OF ASTHAL

Page 182, line 16, leave out "37D(6) above" and insert "37D(5)"
Page 182, line 30, after "37(7)(a)" insert "above"
 

Clause 28

 

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

Page 18, line 31, leave out from first "state" to end of line 32
 

Clause 31

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 20, line 17, at end insert—
"(c)  at the end there is inserted "where a prosecutor is not sure if an item fall within the regime of documents to be disclosed, they should be disclosed"."
 

Clause 32

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 20, line 31, at end insert "but the exchange of such a defence statement between the co-accused and its service by each accused on the prosecution shall be simultaneous"
Page 20, line 39, at end insert "insofar as such matters of fact have been identified in a case summary provided by the prosecution"
Page 21, line 3, after "take" insert "at the time the defence statement is given to the prosecution"
Page 21, leave out lines 20 to 22
Page 21, line 38, at end insert "but the exchange of such a defence statement between the co-accused and its service by each accused on the prosecution must be simultaneous"
 

Clause 34

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 22, leave out lines 37 to 39
Page 22, line 41, at end insert—
"(4)  In the event of the expert evidence of a person named in subsection (1) above not being relied upon by the accused, and no copy of his report having been served by the accused on the prosecutor, no reference shall be made at trial by the prosecutor or evidence adduced by him, to the effect that the accused had approached such a person for his expert opinion.""
 

Clause 35

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 23, line 22, at end insert "having heard representations from all parties"
 

Clause 38

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

Page 26, line 14, after "(5)(a)" insert "and (b)"
 

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

Page 199, line 19, leave out from second "offence" to end of line 20 and insert "triable either way;"
Page 210, line 5, at end insert—
 

"PART 2
MINOR AND CONSEQUENTIAL AMENDMENTS

 

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)

 29   (1)   Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows.
(2)      In subsection (2)—
(a)  in paragraph (a), for "committed" there is substituted "sent",
(b)  paragraphs (aa) to (ac) are omitted,
(c)  for paragraph (i) there is substituted—
    "(i)  where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment;",
(d)  paragraphs (iA) and (iB) are omitted,
(e)  in paragraph (ii), for "the committal" there is substituted "such notice", and
(f)  the words from "and in paragraph (iA)" to the end are omitted.
(3)      In subsection (3)(b), for "committed" there is substituted "sent".
 

Criminal Justice Act 1967 (c. 80)

 30   (1)   The Criminal Justice Act 1967 is amended as follows.
(2)      In section 9 (proof by written statement), in subsection (1), the words ", other than committal proceedings," are omitted.
(3)      In section 36 (interpretation), in subsection (1), the definition of "committal proceedings" is omitted.
 

Criminal Appeal Act 1968 (c. 19)

 31   (1)   The Criminal Appeal Act 1968 is amended as follows.
(2)      In section 1 (right of appeal), in subsection (3), for "committed him" there is substituted "sent him to the Crown Court".
(3)      In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from "section 41" to "either way offence" are omitted.
 

Theft Act 1968 (c. 60)

 32      In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.
 

Criminal Justice Act 1972 (c. 71)

 33      In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.
 

Interpretation Act 1978 (c. 30)

 34      In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)—
(a)  in the definition of "Committed for trial", paragraph (a) is omitted,
(b)  after the entry for "Secretary of State" there is inserted—
      ""Sent for trial" means, in relation to England and Wales,       sent by a magistrates' court to the Crown Court for trial       pursuant to section 51 or 51A of the Crime and       Disorder Act 1998."
 

Magistrates' Courts Act 1980 (c. 43)

 35   (1)   The Magistrates' Courts Act 1980 is amended as follows.
(2)      Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.
(3)      In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from "proceeds" to the end there is substituted "sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and".
(4)      The following sections shall cease to have effect—
(a)  section 97A (summons or warrant as to committal proceedings),
(b)  section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and
(c)  section 106 (false written statements tendered in evidence).
(5)      In section 150 (interpretation of other terms), in subsection (1), the definition of "committal proceedings" is omitted.
(6)      In section 155 (short title, extent and commencement), in subsection (2)(a), the words "8 (except subsection (9))" are omitted.

 
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26 June 2003