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

House of Lords

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Crime and Disorder Act 1998 (c. 37)

 44      The Crime and Disorder Act 1998 is amended as follows.
 45      In section 52 (provisions supplementing section 51)—
(a)  in subsection (1), after "51" there is inserted "or 51A",
(b)  in subsection (5), after "51" there is inserted "or 51A",
(c)  in subsection (6), after "51" there is inserted "or 51A", and
(d)  in the heading, after "51" there is inserted "and 51A".
 46      In section 121 (short title, commencement and extent), in subsection (8), before "paragraphs 7(1)" there is inserted "paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph,".
 47      In paragraph 3 of Schedule 3 (reporting restrictions)—
(a)  in each of paragraphs (a) and (b) of sub-paragraph (1), for "Great Britain" there is substituted "the United Kingdom",
(b)  in sub-paragraph (8), after paragraph (b) there is inserted—
"(bb)  where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;",
(c)  after sub-paragraph (9) there is inserted—
"(9A)  The following is relevant business information for the purposes of sub-paragraph (8) above—
(a)  any address used by the accused for carrying on a business on his own account;
(b)  the name of any business which he was carrying on on his own account at any relevant time;
(c)  the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;
(d)  the address of any such firm;
(e)  the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;
(f)  the address of the registered or principal office of any such company;
(g)  any working address of the accused in his capacity as a person engaged by any such company;
  and here "engaged" means engaged under a contract of service or a contract for services.",
(d)  after sub-paragraph (11) there is inserted—
"(11A)  Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland."
 

Youth Justice and Criminal Evidence Act 1999 (c. 23)

 48   (1)   The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
(2)      In section 27 (video recorded evidence in chief), subsection (10) is omitted.
(3)      In section 42 (interpretation and application of section 41), in subsection (3)—
(a)  paragraphs (a) and (b) are omitted,
(b)  in paragraph (c), after "51" there is inserted "or 51A".
 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 49   (1)   The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2)      In section 148 (restitution orders), in subsection (6), for paragraph (b) there is substituted—
"(b)  such documents as were served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998.""
 

Clause 41

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 44

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill.
 

Clause 45

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.
 

Clause 46

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.
 

Clause 47

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill.
 

Clause 48

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 48 stand part of the Bill.
 

Clause 49

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

Clause 59

 

THE LORD ACKNER

133*Page 40, line 32, leave out "must" and insert "may"
 

Clause 69

 

THE LORD LLOYD OF BERWICK

134Page 46, line 33, leave out subsection (6)
 

Schedule 4

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135Leave out Schedule 4 and insert the following new Schedule—
 

"SCHEDULE 4
QUALIFYING OFFENCES FOR PURPOSES OF PART 10
PART 1
LIST OF OFFENCES FOR ENGLAND AND WALES

 

Murder

1.      Murder.
 

Rape

2.      An offence under section 1, 3, 6 or 7 of the Sexual Offences Act 2003.
 

Genocide, crimes against humanity and war crimes

3.      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
 

PART 2
LIST FOR NORTHERN IRELAND

 

Murder

4.      Murder.
 

Rape

5.      Rape.
 

Genocide crimes against humanity and war crimes

6.      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
 

PART 3
SUPPLEMENTARY

7.      A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time.
 

Clause 78

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

136Page 52, line 22, leave out "and"
137Page 52, line 23, at end insert ", and
(c)  he has sought leave from a judge of the Crown Court on an ex-parte application."
 

Clause 90

 

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

138Page 60, line 38, leave out "or tends to show"
 

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

139Page 60, line 40, leave out paragraph (b)
 

Clause 91

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 91 stand part of the Bill.
 

Clause 92

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 92 stand part of the Bill.
 

Clause 93

 

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

140Page 62, line 10, after first "if" insert "it has direct relevance to issues in the case"
 

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

141Page 62, line 15, leave out paragraph (c)
 

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

142Page 62, line 16, leave out paragraph (d)
 

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

143Page 62, line 17, leave out ", or of the same category,"
144Page 62, line 29, at end insert "nor if the potential probative value of such evidence is so outweighed by its prejudicial effect"
145Page 62, line 30, leave out subsection (4) and insert—
"(4)  In considering the probative value of such evidence the court is to have regard in particular to—
(a)  the extent (if any) to which the evidence tends to suggest that the defendant has a propensity to act in the specific manner alleged;
(b)  any similarities between the facts revealed by the evidence and those now alleged;
(c)  the extent to which any similarities may be attributed to coincidence;
(d)  any dissimilarities between the facts revealed by the evidence and those now alleged; and
(e)  the pasage of time between the matter to which the evidence relates and the matters now alleged.
(4A)  in considering the prejudicial effect of such evidence the court is to have regard in particular to—
(a)  the risk of the tribunal of fact attaching undue significance to the evidence in question in determining the defendant's guilt;
(b)  the risk of the tribunal of fact convicting the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matter now alleged;
(c)  any disproportion between the gravity of the conduct revealed by the evidence and the gravity of the matters now alleged; and
(d)  the risk that such evidence will confuse or distract the tribunal of fact."
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 93 stand part of the Bill.
 

Clause 94

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 94 stand part of the Bill.
 

Clause 95

 

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

146Page 63, line 4, leave out paragraph (b)
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 95 stand part of the Bill.

 
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©Parliamentary copyright 2003
27 June 2003