Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 12

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

43Page 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

44Page 7, line 26, leave out ""14"" and insert ""12""
 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

45Page 7, line 26, leave out ""14"" and insert ""17""
46Page 7, line 27, leave out paragraph (b)
 

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

47Page 7, line 28, leave out "17" and insert "18"
 

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

48Page 7, line 35, leave out paragraph (c)
 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

49Page 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 dentention"
 

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

50Page 8, line 13, leave out "17" and insert "18"
51Page 8, line 14, after "guardian" insert "or any close adult relation aged 21 or over"
52Page 8, leave out lines 20 to 23
 

THE BARONESS SCOTLAND OF ASTHAL

53Transpose Clause 12 to after Clause 3
 

Clause 13

 

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

54Page 8, line 40, leave out "for his own welfare"
55Page 8, line 40, leave out "or in his own interests"
56Page 9, line 5, leave out "for his own welfare"
57Page 9, line 5, leave out "or in his own interests"
 

THE BARONESS SCOTLAND OF ASTHAL

58Page 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

59Page 9, line 42, leave out "the defendant"
60Page 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 LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

61Page 10, line 12, leave out from "custody" to end of line 13
62Page 10, leave out lines 25 to 28
 

THE BARONESS SCOTLAND OF ASTHAL

63Page 10, line 28, at end insert—
"(1A)  After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
 "9AB (1)   
(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.""
 

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

64*Page 10, line 28, at end insert—
"(   )  The application of section 6(1) shall be at the discretion of the court where the defendant is suffering from a mental disorder with the meaning of section 2 of the Mental Health Act 1983 (c. 20)."
 

THE BARONESS SCOTLAND OF ASTHAL

65Page 10, line 36, leave out "subsection (12) or" and insert "either or both of subsections (12) and"
66Page 10, leave out lines 41 to 47 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

67Page 11, leave out line 28
68Page 11, line 29, at beginning insert—
"(aa)  that the person concerned resides at a particular place other than a bail hostel,"
 

Clause 17

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

69Page 12, line 12, leave out subsections (2) to (5)
 

THE BARONESS SCOTLAND OF ASTHAL

70Page 12, line 28, leave out from "bail" to end of line 29
 

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 LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

71Page 14, line 17, leave out "not" and insert "only"
72Page 14, line 17, leave out "unless" and insert "if"
 

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 20

 

THE BARONESS SCOTLAND OF ASTHAL

73Page 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 LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

74Page 16, line 7, after "caution" insert "in respect of an offence and in lieu of charging"
 

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

75Page 16, line 13, leave out "either or"
 

THE BARONESS SCOTLAND OF ASTHAL

76Page 16, line 14, leave out "ensuring or"
 

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

77Page 16, line 14, leave out "ensuring or facilitating" and insert "assisting"
78Page 16, line 17, leave out paragraphs (a) and (b)
79Page 16, line 17, leave out paragraph (a) and insert—
(a)  "an officer of the rank of chief inspector or above,"
 

THE BARONESS SCOTLAND OF ASTHAL

80Page 16, line 19, leave out "Director of Public Prosecutions" and insert "a relevant prosecutor"
 

Clause 23

 

THE BARONESS SCOTLAND OF ASTHAL

81Page 16, line 24, leave out "the Director of Public Prosecutions" and insert "a relevant prosecutor"
 

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

82Page 16, line 29, after "offender" insert ", having taken or refused to take legal advice,"
83Page 16, line 33, leave out "may" and insert "will"
84Page 16, line 35, after "that" insert ", after being offered the opportunity of receiving legal advice,"
 

Clause 24

 

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

85Page 17, line 4, at end insert "but not more than three months after the commission of the offence"
86Page 17, line 5, leave out subsection (2)
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

87Page 17, line 7, after "instituted" insert—
"(a)"  
88Page 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 25

 

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

89Page 17, line 12, leave out "may" and insert "shall"
90Page 17, line 18, leave out paragraph (d)
 

THE BARONESS SCOTLAND OF ASTHAL

91Page 17, line 20, leave out "the Director of Public Prosecutions" and insert "a relevant prosecutor"
 

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

92Page 17, line 26, at end insert "in particular the role of the probation service"
93Page 17, line 26, at end insert ", and
(i)  deciding, having regard to the character and background of the person to be cautioned, the appropriateness of conditions which may be attached."
94Page 17, line 35, at end insert "and no such order shall be made unless a draft has been laid before and approved by resolution of each House of Parliament"
 

Clause 26

 

THE BARONESS SCOTLAND OF ASTHAL

95Page 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

96Page 179, line 23, after "bail" insert "for a period of not longer than 28 days"
 

THE BARONESS SCOTLAND OF ASTHAL

97Page 182, line 16, leave out "37D(6) above" and insert "37D(5)"
98Page 182, line 30, after "37(7)(a)" insert "above"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

99Page 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."
100Page 182, line 39, after "application" insert "by a constable or"

 
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©Parliamentary copyright 2003
27 June 2003