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

House of Lords

back to previous amendments

 

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.
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135ZALeave out Schedule 4 and insert the following new Schedule—
 

"SCHEDULE 4
QUALIFYING OFFENCES FOR PURPOSE OF PART 10
PART 1
LIST OF OFFENCES FOR ENGLAND AND WALES

 

Murder

1.      Murder.
 

Soliciting murder

2.      An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (conspiring or soliciting to commit murder).
 

Genocide, crimes against humanity and war crimes

3.      An offence under section 51 (genocide, crimes against humanity and war crimes) or 52 (conduct ancillary to genocide, etc committed outside jurisdiction) of the International Criminal Court Act 2001 (c. 17).
 

PART 2
LIST OF OFFENCES FOR NORTHERN IRELAND

 

Murder

4.      Murder.
 

Soliciting murder

5.      An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
 

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 LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135ZBPage 47, line 2, leave out subsection (2)
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

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

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135AAPage 47, line 7, leave out "or (2)"
135ABPage 47, line 14, leave out "or (2)"
 

Clause 72

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135BPage 47, line 34, after "not" insert ", and could not reasonably have been, "
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135BAPage 47, line 36, at end insert—
"(   )  Subsection (2) does not apply to evidence which was discoverable by reasonable and diligent inquiry before or at the proceedings in which the person was acquitted."
135BBPage 48, line 4, leave out subsection (5)
 

Clause 73

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135BCPage 48, line 9, leave out subsections (2) to (4)
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135CPage 48, line 10, leave out "existing circumstances" and insert "the circumstances existing at the time the court is considering the application"
135DPage 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

135EPage 48, line 29, after "served" insert "in person"
 

Clause 76

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

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

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135GAPage 49, line 32, leave out "may" and insert "must"
135GBPage 49, line 36, leave out subsection (3)
 

Clause 77

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135HPage 51, line 16, leave out from first "person" to end of line 17
135JPage 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 LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their 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

137APage 52, line 28, leave out "any"
 

Clause 81

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

137BPage 55, line 29, leave out "may" and insert "must"
137CPage 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

137DPage 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.

 
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15 July 2003