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

House of Lords

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Criminal Justice Act 1991 (c. 53)

 41   (1)   The Criminal Justice Act 1991 is amended as follows.
(2)      Section 53 (notices of transfer in certain cases involving children) shall cease to have effect.
(3)      Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease to have effect.
 

Criminal Justice and Public Order Act 1994 (c. 33)

 42   (1)   The Criminal Justice and Public Order Act 1994 is amended as follows.
(2)      In section 34 (effect of accused's failure to mention facts when questioned or charged), in subsection (2)—
(a)  paragraph (a) is omitted, and
(b)  in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted "paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998".
(3)      In section 36 (effect of accused's failure or refusal to account for objects, substances or marks), in subsection (2)—
(a)  paragraph (a) is omitted, and
(b)  in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted "paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998".
(4)      In section 37 (effect of accused's failure or refusal to account for presence at a particular place), in subsection (2)—
(a)  paragraph (a) is omitted, and
(b)  in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted "paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998".
 

Criminal Procedure and Investigations Act 1996 (c. 25)

 43   (1)   The Criminal Procedure and Investigations Act 1996 is amended as follows.
(2)      In section 1 (application of this Part), in subsection (2)—
(a)  paragraphs (a) to (c) are omitted, and
(b)  in paragraph (cc), the words from "under" to the end are omitted.
(3)      In section 5 (compulsory disclosure by accused)—
(a)  in subsection (1), for "(2) to" there is substituted "(3A) and",
(b)  subsections (2) and (3) are omitted, and
(c)  in subsection (3A), in paragraph (b), for "subsection (7) of section 51" there is substituted "subsection (1) of section 51D".
(4)      In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c) of the modified section 3(8) are omitted.
(5)      In section 28 (introduction to Part 3), in subsection (1)—
(a)  for paragraph (a) there is substituted—
    "(a)  on or after the appointed day the accused is sent for trial for the offence concerned,", and
(b)  paragraph (b) is omitted.
(6)      In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph (a) there is substituted—
    "(a)  after the accused has been sent for trial for the offence, and".
(7)      Section 68 (use of written statements and depositions at trial) and Schedule 2 (statements and depositions) shall cease to have effect.
 

Crime and Disorder Act 1998 (c. 37)

 44      The Crime and Disorder Act 1998 is amended as follows.
 45      In section 52 (provisions supplementing section 51)—
(a)  in subsection (1), after "51" there is inserted "or 51A",
(b)  in subsection (5), after "51" there is inserted "or 51A",
(c)  in subsection (6), after "51" there is inserted "or 51A", and
(d)  in the heading, after "51" there is inserted "and 51A".
 46      In section 121 (short title, commencement and extent), in subsection (8), before "paragraphs 7(1)" there is inserted "paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph,".
 47      In paragraph 3 of Schedule 3 (reporting restrictions)—
(a)  in each of paragraphs (a) and (b) of sub-paragraph (1), for "Great Britain" there is substituted "the United Kingdom",
(b)  in sub-paragraph (8), after paragraph (b) there is inserted—
    "(bb)  where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;",
(c)  after sub-paragraph (9) there is inserted—
    "(9A)  The following is relevant business information for the purposes of sub-paragraph (8) above—
    (a)  any address used by the accused for carrying on a business on his own account;
    (b)  the name of any business which he was carrying on on his own account at any relevant time;
    (c)  the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;
    (d)  the address of any such firm;
    (e)  the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;
    (f)  the address of the registered or principal office of any such company;
    (g)  any working address of the accused in his capacity as a person engaged by any such company;
      and here "engaged" means engaged under a contract of service or a contract for services.",
(d)  after sub-paragraph (11) there is inserted—
    "(11A)  Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland."
 

Youth Justice and Criminal Evidence Act 1999 (c. 23)

 48   (1)   The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
(2)      In section 27 (video recorded evidence in chief), subsection (10) is omitted.
(3)      In section 42 (interpretation and application of section 41), in subsection (3)—
(a)  paragraphs (a) and (b) are omitted,
(b)  in paragraph (c), after "51" there is inserted "or 51A".
 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 49   (1)   The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2)      In section 148 (restitution orders), in subsection (6), for paragraph (b) there is substituted—
    "(b)  such documents as were served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998.""
 

Clause 41

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill.
 

Clause 42

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

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

Clause 47

 

THE LORD HUNT OF WIRRAL
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER

 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

132J*Page 39, line 31, leave out subsection (8)
 

Clause 58

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132K*Page 40, line 4, after "adjournment" insert "for no more than seven days"
132L*Page 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

132M*Page 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."
132N*Page 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

132P*Page 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

133A*Page 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

133B*Page 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."
133C*Page 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

133D*Page 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."

 
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7 July 2003