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Amendments to the Criminal Justice Bill

Criminal Justice Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 24th June 2003, as follows—

Clauses 1 to 10
Schedule 1
Clauses 11 to 27
Schedule 2
Clauses 28 to 39
Schedule 3
Clauses 40 to 69
Schedule 4
Clauses 70 to 106
Schedule 5
Clauses 107 to 128
Schedule 6
Clauses 129 to 172
Schedule 7
Clause 173
Schedule 8
Clauses 174 to 180
Schedule 9
Clauses 181 to 185
Schedule 10
Clauses 186 to 210
Schedule 11
Clauses 211 to 215
Schedule 12
Clauses 216 to 220
Schedules 13 and 14
Clause 221
Schedule 15
Clauses 222 to 230
Schedule 16
Clauses 231 to 254
Schedule 17
Clauses 255 to 261
Schedule 18
Clauses 262 and 263
Schedule 19
Clause 264
Schedule 20
Clause 265
Schedules 21 and 22
Clauses 266 to 268
Schedule 23
Clause 269
Schedule 24
Clauses 270 to 278
Schedule 25
Clauses 279 to 282
Schedule 26
Clauses 283 to 291
Schedule 27
Clauses 292 to 294
Schedule 28
Clauses 295 to 298
Schedule 29
Clauses 299 and 300
Schedule 30
Clause 301
Schedule 31
Clause 302
Schedule 32
Clauses 303 to 307

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

1Page 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

2Page 2, line 1, leave out "company" and insert "presence"
3Page 2, line 1, at end insert "direct"
4Page 2, line 2, at end insert "and with the written authority of a chief inspector or more senior officer"
5Page 2, line 2, at end insert—
    "(2C)  He shall be required to carry evidence of identity and to produce it to the occupier.""
 

After Clause 2

 

THE BARONESS SCOTLAND OF ASTHAL

6Insert 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

          12      6AAn 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).""
     

    THE LORD HODGSON OF ASTLEY ABBOTTS
    THE BARONESS ANELAY OF ST JOHNS
    [As an amendment to amendment 6]

    7*Line 12, leave out "a Class C drug (within the meaning of that Act)" and insert "cannabis or cannabis resin"
     

    Clause 3

     

    THE BARONESS ANELAY OF ST JOHNS
    THE VISCOUNT BRIDGEMAN

    8Page 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 an order made by statutory instrument which shall be subject to annulent in pursuance of a resolution of either House of Parliament)"
    9Page 2, line 33, at end insert "and a written copy of the reasons shall be given personally to the person forthwith"
    10Page 3, leave out lines 3 and 4
     

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

    11Page 3, line 14, at end insert "and it shall set out the consequences of any failure to surrender to bail"
     

    THE BARONESS ANELAY OF ST JOHNS
    THE VISCOUNT BRIDGEMAN

    12Page 3, line 18, after "subsequently" insert ", within the period of two weeks from the date on which bail was granted,"
    13Page 3, line 24, after "but" insert "not"
     

    THE BARONESS WALMSLEY
    THE BARONESS MASSEY OF DARWEN
    THE BARONESS ANELAY OF ST JOHNS

    14Page 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 in the Codes of Practice under the Police and Criminal Evidence Act 1984 (c. 60)."
     

    THE BARONESS ANELAY OF ST JOHNS
    THE VISCOUNT BRIDGEMAN

    15Page 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"
    16Page 3, line 43, after "fails" insert "without reasonable excuse"
    17Page 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

    18Page 4, line 14, after "out" insert "with the authority of an officer with the rank of superintendent or above"
    19Page 4, line 15, leave out "with" and insert "between an officer of at least the rank of inspector and"
    20Page 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"
     

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

    21Page 4, line 26, leave out "an arrestable offence" and insert "an offence which is triable only on indictment"
    22Page 4, line 26, leave out second "an" and insert "a serious"
    23Page 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"
     

    THE BARONESS WALMSLEY
    THE BARONESS ANELAY OF ST JOHNS

    24Page 4, line 26, at end insert—
    "(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;"
     

    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

    25Page 4, line 31, leave out from "him)," to end and insert "after "shall ascertain and" there is inserted "may""
    26Page 4, line 31, leave out from "is" to end and insert "inserted "if requested by the person""
    27Page 4, line 33, leave out "is omitted" and insert "for "shall" there is substituted "may""
     

    THE LORD DHOLAKIA
    THE BARONESS HARRIS OF RICHMOND
    THE BARONESS ANELAY OF ST JOHNS

     The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
     

    Clause 7

     

    THE LORD DHOLAKIA
    THE BARONESS HARRIS OF RICHMOND
    THE BARONESS ANELAY OF ST JOHNS

    28Page 4, line 41, after "offence" insert "and an officer of at least the rank of inspector authorises them to be taken"
     

    Clause 8

     

    THE LORD DHOLAKIA
    THE BARONESS HARRIS OF RICHMOND
    THE BARONESS ANELAY OF ST JOHNS

    29Page 5, line 22, leave out "two" and insert "three"
    30Page 5, line 29, at end insert—
      "(2D)  The third is that an officer of at least the rank of inspector authorises them to be taken.""
     

    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.
     

    After Clause 8

     

    THE LORD DHOLAKIA
    THE BARONESS HARRIS OF RICHMOND
    THE BARONESS ANELAY OF ST JOHNS

    31Insert the following new Clause—
      "Destruction of fingerprints and samples
    (1)  Section 64 of the 1984 Act (destruction of fingerprints and samples) is amended as follows.
    (2)  In subsection (3) the words ", except as provided in the following provisions of this section," are omitted.
    (3)  Subsections (3AA), (3AB) and (3AC) are omitted."
     

    Clause 9

     

    THE BARONESS SCOTLAND OF ASTHAL

    32Page 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 LORD HODGSON OF ASTLEY ABBOTTS
    THE BARONESS ANELAY OF ST JOHNS

    33Page 6, line 13, after "police," insert—
      "(   )  the Law Society of England and Wales, the Bar Council, Magistrates,"
    34Page 6, line 14, after "persons" insert ", having experience in this field,"
     

    THE BARONESS WALMSLEY
    THE BARONESS ANELAY OF ST JOHNS

    35Page 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 LORD HODGSON OF ASTLEY ABBOTTS
    THE BARONESS ANELAY OF ST JOHNS

    36Page 6, line 14, at end insert "including those representing the interests of the victim, lay and professional witnesses and defendants"
     

    THE BARONESS SCOTLAND OF ASTHAL

    37Page 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.""
     

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

    38Page 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.""
    39Page 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 11

     

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

    40Page 7, line 4, leave out second "a" and insert "such"
    41Page 7, line 4, leave out "a Class C drug" and insert "cannabis or cannabis resin"
    42Page 7, line 4, leave out second "drug" and insert "drugs"
     

    THE BARONESS SCOTLAND OF ASTHAL
    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.

 
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©Parliamentary copyright 2003
27 June 2003