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

House of Lords

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After Clause 38

 

THE BARONESS SCOTLAND OF ASTHAL

126Insert 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—
    "21ACode of practice for police interviews of witnesses notified by accused
    (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."
 

THE VISCOUNT BRIDGEMAN
THE BARONESS ANELAY OF ST JOHNS

127APage 185, leave out lines 38 to 44
127BPage 188, leave out lines 33 to 38
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

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.
 

Criminal Appeal Act 1968 (c. 19)

 31   (1)   The Criminal Appeal Act 1968 is amended as follows.
(2)      In section 1 (right of appeal), in subsection (3), for "committed him" there is substituted "sent him to the Crown Court".
(3)      In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from "section 41" to "either way offence" are omitted.
 

Theft Act 1968 (c. 60)

 32      In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.
 

Criminal Justice Act 1972 (c. 71)

 33      In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.
 

Interpretation Act 1978 (c. 30)

 34      In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)—
(a)  in the definition of "Committed for trial", paragraph (a) is omitted,
(b)  after the entry for "Secretary of State" there is inserted—
      ""Sent for trial" means, in relation to England and Wales,       sent by a magistrates' court to the Crown Court for trial       pursuant to section 51 or 51A of the Crime and       Disorder Act 1998."
 

Magistrates' Courts Act 1980 (c. 43)

 35   (1)   The Magistrates' Courts Act 1980 is amended as follows.
(2)      Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.
(3)      In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from "proceeds" to the end there is substituted "sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and".
(4)      The following sections shall cease to have effect—
(a)  section 97A (summons or warrant as to committal proceedings),
(b)  section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and
(c)  section 106 (false written statements tendered in evidence).
(5)      In section 150 (interpretation of other terms), in subsection (1), the definition of "committal proceedings" is omitted.
(6)      In section 155 (short title, extent and commencement), in subsection (2)(a), the words "8 (except subsection (9))" are omitted.
 

Supreme Court Act 1981 (c. 54)

 36   (1)   The Supreme Court Act 1981 is amended as follows.
(2)      In section 76 (committal for trial: alteration of place of trial)—
(a)  in subsection (1), for the words from "varying" (where it first appears) to "to Crown Court)" there is substituted "substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a "section 51D notice")",
(b)  in subsection (3), for the words "fixed by the magistrates' court, as specified in a notice under a relevant transfer provision" there is substituted "specified in a section 51D notice",
(c)  subsection (5) is omitted, and
(d)  in the heading, for "Committal" there is substituted "Sending".
(3)      In section 77 (committal for trial: date of trial)—
(a)  in subsection (1), for "committal for trial or the giving of a notice of transfer under a relevant transfer provision" there is substituted "being sent for trial",
(b)  in subsection (2), for "committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given" there is substituted "sent for trial",
(c)  in subsection (3), for "of committal for trial or of a notice of transfer" there is substituted "when the defendant is sent for trial",
(d)  subsection (4) is omitted, and
(e)  in the heading, for "Committal" there is substituted "Sending".
(4)      In section 80 (process to compel appearance), in subsection (2), for "committed" there is substituted "sent".
(5)      In section 81—
(a)  in subsection (1)—
(i)  in paragraph (a)—
(a)  
  the words "who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or" are omitted, and
(b)  
  after "51" there is inserted "or 51A",
(ii)  in paragraph (g), sub-paragraph (i) is omitted, and
(b)  subsection (7) is omitted.
 

Police and Criminal Evidence Act 1984 (c. 60)

 37   (1)   The Police and Criminal Evidence Act 1984 is amended as follows.
(2)      In section 71 (microfilm copies), the paragraph beginning "Where the proceedings" is omitted.
(3)      In section 76 (confessions), subsection (9) is omitted.
(4)      In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

 
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11 July 2003