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

House of Lords

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Clause 43

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER
THE BARONESS KENNEDY OF THE SHAWS

 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 BARONESS KENNEDY OF THE SHAWS

 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 BARONESS KENNEDY OF THE SHAWS

 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 BARONESS KENNEDY OF THE SHAWS

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

Clause 47

 

THE BARONESS SCOTLAND OF ASTHAL

132ZH*Page 32, line 30, at end insert—
"(6)  Nothing in this Part affects—
(a)  the requirement under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that a question of fitness to be tried be determined by a jury, or
(b)  the requirement under section 4A of that Act that any question, finding or verdict mentioned in that section be determined, made or returned by a jury."
 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER
THE BARONESS KENNEDY OF THE SHAWS

 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 50

 

THE VISCOUNT BRIDGEMAN
THE BARONESS ANELAY OF ST JOHNS

132APage 35, line 29, leave out "(other than the defendant)"
132BPage 36, line 2, after "of" insert "justice, and of"
132CPage 36, line 2, leave out "or" and insert "and"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

132DPage 36, line 21, after "from" insert "understanding or"
 

THE VISCOUNT BRIDGEMAN
THE BARONESS ANELAY OF ST JOHNS

132EPage 36, line 22, leave out "refusing" and insert "a decision to grant or refuse"
 

Clause 52

 

THE VISCOUNT BRIDGEMAN
THE BARONESS ANELAY OF ST JOHNS

132FPage 37, line 11, after "may" insert "after hearing and taking into account any representations made by the prosecution or defence"
 

Clause 53

 

THE VISCOUNT BRIDGEMAN
THE BARONESS ANELAY OF ST JOHNS

132GPage 37, line 21, leave out subsection (2)
132HPage 37, line 22, after "necessary" insert "and in accordance with any model direction issued by the Judicial Studies Board"
 

Clause 57

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132JPage 39, line 31, leave out subsection (8)
 

Clause 58

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132KPage 40, line 4, after "adjournment" insert "for no more than seven days"
132LPage 40, line 8, at end insert "but shall not entertain any request for an extension or further adjournment thereafter"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

132MPage 40, line 8, at end insert—
"(   )  Where the prosecution informs the court that it intends to appeal it must submit written notice of the application for leave to appeal within seven days of the making of the ruling."
132NPage 40, line 8, at end insert—
"(   )  Such an adjournment may be for no longer than 48 hours from the making of the ruling."
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132PPage 40, line 20, at end insert—
"(8)  Where the prosecution informs the court in accordance with subsection (3) that it intends to appeal against a ruling, the judge must—
(a)  order the expedition of the appeal;
(b)  discharge the jury (if one has been sworn);
(c)  grant bail to a defendant in respect of the charge or charges which are subject to the appeal."
 

Clause 59

 

THE LORD ACKNER

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

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133APage 40, line 32, at end insert "but shall not entertain any request for an extension or further adjournment"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

133BPage 40, line 32, at end insert—
"(   )  Where the prosecution informs the court that it intends to appeal it must submit written notice of the application for leave to appeal within seven days of the making of the ruling."
133CPage 40, line 32, at end insert—
"(   )  Such an adjournment may be for no longer than 48 hours from the making of the ruling."
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133DPage 41, line 2, at end insert—
"(7)  Where the prosecution has agreed that the defendant shall be acquitted in the circumstances mentioned in subsection (5) and either of the conditions mentioned in subsection (6) are fulfilled, the judge shall order the acquittal of the defendant accordingly."
 

Clause 60

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133EPage 41, line 4, leave out "58(3) or"
133FPage 41, line 9, leave out from "he" to end of line 11 and insert "must—
(a)  discharge the jury (if one has been sworn); and
(b)  grant bail to the defendant in respect of the charge or charges which are the subject of the appeal."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

133GPage 41, line 9, leave out "may" and insert "must"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133HPage 41, line 13, leave out second "may" and insert "must"
133JPage 41, line 14, leave out "(3)(a) or (b)" and insert "(3)"
 

Clause 62

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

133KPage 41, line 21, leave out from "may" to end of line 22 and insert—
  "reverse or vary the ruling appealed against where the ruling—
(a)  was wrong in law;
(b)  involved an error of law; or
(c)  was one which no reasonable judge could have reached;
  and in all other cases the Court must confirm the ruling."
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133LPage 41, line 29, leave out first "the" and insert "that"
133MPage 41, line 32, leave out "the" and insert "that"
133NPage 41, line 33, leave out second "the" and insert "that"
 

Clause 65

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

 The above-named Lords give notice of their intention to oppose the Question that Clause 65 stand part of the Bill.
 

Clause 69

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

133P*Page 46, line 7, at end insert "or Scotland"
133Q*Page 46, line 7, at end insert "or Northern Ireland"
133R*Page 46, line 9, after "Wales" insert "or Scotland"
133S*Page 46, line 9, after "Wales" insert "or Northern Ireland"
133T*Page 46, line 25, leave out subsection (4)
133U*Page 46, line 30, leave out subsection (5)
 

THE LORD LLOYD OF BERWICK
THE BARONESS KENNEDY OF THE SHAWS

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 70

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135A*Page 47, line 4, after "bar" insert "under the law of England and Wales"
 

Clause 72

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135B*Page 47, line 34, after "not" insert ", and could not reasonably have been, "
 

Clause 73

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135C*Page 48, line 10, leave out "existing circumstances" and insert "the circumstances existing at the time the court is considering the application"
135D*Page 48, line 10, after "circumstances" insert "and the circumstances that appear to the court to be likely to exist at the time of the retrial"
 

Clause 74

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135E*Page 48, line 29, after "served" insert "in person"

 
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11 July 2003