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

House of Lords

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Clause 60

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133E*Page 41, line 4, leave out "58(3) or"
133F*Page 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

133G*Page 41, line 9, leave out "may" and insert "must"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133H*Page 41, line 13, leave out second "may" and insert "must"
133J*Page 41, line 14, leave out "(3)(a) or (b)" and insert "(3)"
 

Clause 62

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

133K*Page 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

133L*Page 41, line 29, leave out first "the" and insert "that"
133M*Page 41, line 32, leave out "the" and insert "that"
133N*Page 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 LORD LLOYD OF BERWICK

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 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 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 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 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 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 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.

 
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©Parliamentary copyright 2003
7 July 2003