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

House of Lords

back to previous amendments

 

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

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"
 

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

109Page 21, line 3, after "he" insert "then"
 

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.
 

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.""

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
7 July 2003