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

House of Lords

back to previous amendments

 

Clause 28

 

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

101Page 18, line 31, leave out first "a" and insert "the"
102Page 18, line 31, leave out from first "State" to end of line 32
103Page 18, line 31, leave out third "a" and insert "the"
104Page 18, line 37, leave out paragraph (h)
 

Clause 31

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

105Page 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

106Page 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"
107Page 20, line 39, at end insert "insofar as such matters of fact have been identified in a case summary provided by the prosecution"
108Page 21, line 3, after "take" insert "at the time the defence statement is given to the prosecution"
 

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

109Page 21, line 3, after "he" insert "then"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

110Page 21, leave out lines 20 to 22
111Page 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"
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 32 stand part of the Bill.
 

Clause 33

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
THE LORD ACKNER

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

Clause 34

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

112Page 22, leave out lines 37 to 39
113Page 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.""
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

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

Clause 35

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

114*Page 22, line 43, leave out "6D" and insert "6B"
115*Page 22, line 43, leave out "34" and insert "32"
116*Page 23, line 10, leave out "6B or 6C" and insert "or 6B"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

117Page 23, line 22, at end insert "having heard representations from all parties"
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 35 stand part of the Bill.
 

Clause 36

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 37 stand part of the Bill.
 

Clause 38

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

118*Page 25, line 6, leave out from "the" to end of line 7 and insert "two cases set out in subsections (2) and (3)"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

119Page 25, line 6, leave out ", (3) and (4)" and insert "and (3)"
 

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

120Page 25, leave out lines 40 to 45
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

121Page 26, leave out lines 13 to 15
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL

122Page 26, line 14, after "(5)(a)" insert "and (b)"
 

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

123Page 26, leave out lines 22 to 25
 

THE BARONESS SCOTLAND OF ASTHAL

124*Page 27, line 5, leave out "5" and insert "6A(3)"
 

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

125Page 27, leave out line 6
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 38 stand part of the Bill.
 

After Clause 38

 

THE BARONESS SCOTLAND OF ASTHAL

126*Insert the following new Clause—
  "Code of practice for police interviews of witnesses notified by accused
  In Part 1 of the 1996 Act after section 21 there is inserted—
"21A
(1)  The Secretary of State shall prepare a code of practice which gives guidance to police officers in relation to the arranging and conducting of interviews of persons—
(a)  particulars of whom are given in a defence statement in accordance with section 6A(2), or
(b)  who are included as proposed witnesses in a notice given under section 6C.
(2)  The code must include (in particular) guidance in relation to—
(a)  information that should be provided to the interviewee and the accused in relation to such an interview;
(b)  the notification of the accused's solicitor of such an interview;
(c)  the attendance of the interviewee's solicitor at such an interview;
(d)  the attendance of the accused's solicitor at such an interview;
(e)  the attendance of any other appropriate person at such an interview taking into account the interviewee's age or any disability of the interviewee.
(3)  Any police officer who arranges or conducts such an interview shall have regard to the code.
(4)  In preparing the code, the Secretary of State shall consult—
(a)  to the extent the code applies to England and Wales—
(i)  any person who he considers to represent the interests of chief officers of police;
(ii)  the General Council of the Bar;
(iii)  the Law Society of England and Wales;
(iv)  the Institute of Legal Executives;
(b)  to the extent the code applies to Northern Ireland—
(i)  the Chief Constable of the Police Service of Northern Ireland;
(ii)  the General Council of the Bar of Northern Ireland;
(iii)  the Law Society of Northern Ireland;
(c)  such other persons as he thinks fit.
(5)  The code shall not come into operation until the Secretary of State by order so provides.
(6)  The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.
(7)  An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.
(8)  An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(9)  When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.
(10)  No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(11)  A failure by a police officer to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.
(12)  In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.
(13)  If it appears to a court or tribunal conducting criminal or civil proceedings that—
(a)  any provision of a code in operation at any time by virtue of an order under this section, or
(b)  any failure mentioned in subsection (11),
  is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.""
 

Schedule 3

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

127Page 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."
128Page 190, line 37, after "begins" insert "and in any event within seven days of the allocation decision"
129Page 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."
130Page 191, line 28, leave out paragraph 14
 

THE BARONESS SCOTLAND OF ASTHAL

131Page 199, line 19, leave out from second "offence" to end of line 20 and insert "triable either way;"
132Page 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.

 
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27 June 2003