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

House of Lords

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Clause 76

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135F*Page 49, line 30, after first "the" insert "House of Lords or the"
135G*Page 49, line 31, after "publication" insert "(including a law report of proceedings before the House of Lords or the Court of Appeal)"
 

Clause 77

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135H*Page 51, line 16, leave out from first "person" to end of line 17
135J*Page 51, line 26, at end insert—
"(8)  Part 7 of this Act shall not apply to any trial conducted pursuant to an order under section 71(1) or (3)."
 

THE BARONESS KENNEDY OF THE SHAWS

 The Baroness Kennedy of The Shaws gives notice of her intention to oppose the Question that Clause 77 stand part of the Bill.
 

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 79

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

137A*Page 52, line 28, leave out "any"
 

Clause 81

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

137B*Page 55, line 29, leave out "may" and insert "must"
137C*Page 55, line 36, at end insert—
"(5A)  Section 4 of the Bail Act 1976 (c. 63) (general right to bail of accused persons and others) applies in relation to the grant of bail under this section."
 

Clause 82

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

137D*Page 56, line 34, at end insert—
"(8A)  Section 4 of the Bail Act 1976 (c. 63) (general right to bail of accused persons and others) applies in relation to the grant of bail under this section."
 

Clause 90

 

THE LORD HODGSON OF ASTLEY ABBOTTS
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 BARONESS KENNEDY OF THE SHAWS

 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 ABBOTTS
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 ABBOTTS
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 BARONESS KENNEDY OF THE SHAWS

 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 ABBOTTS
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.
 

Clause 96

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 96 stand part of the Bill.
 

Clause 97

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 97 stand part of the Bill.
 

Clause 98

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 98 stand part of the Bill.
 

Clause 100

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 100 stand part of the Bill.
 

Clause 101

 

THE BARONESS SECCOMBE

146APage 65, line 47, at end insert "in the following circumstances, namely—
(a)  the prosecution can show continuous or persistent commission of similar offences by the defendant since the time that he first committed them, or
(b)  the defence has introduced evidence of the defendant's experiences before the age of 14"
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 101 stand part of the Bill.
 

Clause 102

 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 102 stand part of the Bill.
 

Clause 105

 

THE LORD ACKNER

147Page 67, line 41, leave out subsection (2)
 

Clause 107

 

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

148Page 68, line 10, leave out "admissible" and insert "not to be admitted"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

149Page 68, line 15, leave out paragraph (d)
150Page 68, line 19, leave out "(1)(d)" and insert "(1)"
151Page 68, line 33, leave out paragraphs (h) and (i) and insert—
"(h)  any risk that its admission or exclusion will result in unfairness to any party to the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence);
(i)  any other relevant circumstances."
152Page 68, line 38, at end insert—
"(   )  A statement under subsection (1) may be admitted only if the court is satisfied that, having regard to subsection (2), it would be in the interests of justice for it to be admitted."
 

THE LORD ACKNER
THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE BARONESS KENNEDY OF THE SHAWS

 The above named Lords give notice of their intention to oppose the Question that Clause 107 stand part of the Bill.
 

Clause 108

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

153Page 69, line 9, at end insert—
"(   )  A statement of opinion is only admissible if the opinion would have been admissible as oral evidence in the proceedings."
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 108 stand part of the Bill.
 

Clause 109

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

154Page 69, line 34, leave out subsection (4) and insert—
"(4)  In appropriate cases, leave may be given under subsection (2)(e) having regard to the fact that a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special measures for the giving of evidence by fearful witnesses etc) could be made in relation to the relevant person."
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 109 stand part of the Bill.
 

Clause 114

 

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

155Page 74, line 4, leave out from "deceased")" to end and insert "only a statement by a person to whom the original statement was made is capable of admission in criminal proceedings as evidence of a matter stated in the original statement (so that a statement by B, but not A, may be admitted as evidence of the fact that C shot the deceased)"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

156Page 74, line 15, at end insert—
"(   )  In exercising its discretion under section 107(1)(A) to admit evidence under subsection (1), the court must give reasons why, despite the difficulties there may be in challenging the statement, the evidence should be admitted."
 The above-named Lords give notice of their intention to oppose the Question that Clause 114 stand part of the Bill.
 

Clause 118

 

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

157Page 75, line 43, at end insert—
"(1A)  No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings."
158Page 76, line 12, leave out from beginning to "that"
159Page 76, line 20, at end insert—
"(3A)  No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings."
 

Clause 119

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

160Page 76, line 37, at end insert "including the power to exclude prosecution evidence where its prejudicial effect outweighs its probative value"

 
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©Parliamentary copyright 2003
11 July 2003