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Amendments to the Criminal Justice Bill

Criminal Justice Bill


THIRD
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 18 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 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
THE LORD HODGSON OF ASTLEY ABBOTTS

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"
 

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 falls 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"
109[Withdrawn]
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD HUNT OF WIRRAL
THE VISCOUNT BRIDGEMAN

109APage 21, line 3, after "intends" insert "at that time"
 

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

114Page 22, line 43, leave out "6D" and insert "6B"
115Page 22, line 43, leave out "34" and insert "32"
116Page 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

118Page 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

124Page 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.

 
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©Parliamentary copyright 2003
11 July 2003