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Amendments to the Criminal Justice Bill

Criminal Justice Bill


SECOND
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 8 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.

 

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 LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

37APage 6, line 15, after second "code" insert "together with the names of persons consulted"
 

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.
 

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
THE BARONESS WALMSLEY

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
THE BARONESS WALMSLEY

50Page 8, line 13, leave out "17" and insert "18"
 

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

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 WALMSLEY
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

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
THE BARONESS WALMSLEY

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)    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.""
 

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

64Page 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 within 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,"
 

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

68APage 11, line 32, at end insert ", or
(e)  that the person concerned makes no contact with another person or person"
 

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 HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

70APage 13, line 8, after "imprisonment" insert "for two years or more"
 

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.

 
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©Parliamentary copyright 2003
4 July 2003