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

House of Lords

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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 KENNEDY OF THE SHAWS
THE LORD DHOLAKIA

 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"
 

After Clause 132

 

THE LORD DHOLAKIA
THE BARONESS WALMSLEY

160A*Insert the following new Clause—
  "Auditory identity parade
  Where a victim or witness is unable to visually identify a victim an auditory identity parade may be used."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

160B*Insert the following new Clause—
  "Identity parades
  Where a victim or witness is unable, due to visual impairment, to identify a victim visually, an auditory identity parade may be used."
 

Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

160C*Page 85, line 36, at end insert—
"(4)  The Secretary of State will collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."
 

After Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

161Insert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(a)  at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
 

Clause 148

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD GOODHART
THE LORD DHOLAKIA

 The above-named Lords give notice of their intention to oppose the Question that Clause 148 stand part of the Bill.
 

Clause 152

 

THE BARONESS SCOTLAND OF ASTHAL

162Page 91, leave out line 28 and insert—
"(   )  to the offender or his counsel or solicitor,
(   )  if the offender is aged under 18, to any parent or guardian of his who is present in court, and"
163Page 91, line 31, leave out subsection (3) and insert—
"(3)  If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender or, as the case may be, to that parent or guardian."
164Page 91, line 41, at end insert—
"(   )  In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a)  is in their care, or
(b)  is provided with accommodation by them in the exercise of any social services functions,
  references in this section to his parent or guardian are to be read as references to that authority.
(   )  In this section and section 153—
 "harm" has the same meaning as in section 31 of the Children Act 1989 (c. 41);
 "local authority" and "parental responsibility" have the same meanings as in that Act;
 "social services functions", in relation to a local authority, has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42)."
 

Clause 153

 

THE BARONESS SCOTLAND OF ASTHAL

165Page 92, line 9, leave out "to the offender or his counsel or solicitor" and insert—
"(   )  to the offender or his counsel or solicitor, and
(   )  if the offender is aged under 18, to any parent or guardian of his who is present in court."
166Page 92, line 11, leave out subsection (3) and insert—
"(3)  If the offender is aged under 18 and it appears to the court that the disclosure to the offender or to any parent or guardian of his of any information contained in the report would be likely to create a risk of significant harm to the offender, a complete copy of the report need not be given to the offender, or as the case may be, to that parent or guardian.
(4)  In relation to an offender aged under 18 for whom a local authority have parental responsibility and who—
(a)  is in their care, or
(b)  is provided with accommodation by them in the exercise of any social services functions,
  references in this section to his parent or guardian are to be read as references to that authority."
 

Clause 154

 

THE LORD ADEBOWALE
THE BARONESS WALMSLEY

167Page 92, line 19, at end insert "provided the court has reasonable grounds for believing that the person has a propensity to misuse Class A drugs and that the misuse by the person caused or contributed to the offence"
 

Clause 155

 

THE BARONESS SCOTLAND OF ASTHAL

168Page 93, line 24, leave out from "to" to end of line 25 and insert "a fine not exceeding level 4 on the standard scale"
 

Clause 160

 

THE LORD ACKNER

169Page 95, line 37, leave out paragraph (c)
170Page 96, line 3, leave out subsection (4)
171Page 96, line 11, leave out subsection (5)
172Page 96, line 13, leave out subsection (6)
 

Clause 165

 

THE LORD ACKNER

173Page 98, line 44, at end insert—
"(   )  Nothing in subsection (1) shall fetter the judges' overriding discretion in the individual case to set the sentence he thinks is appropriate."
 

Schedule 8

 

THE BARONESS SCOTLAND OF ASTHAL

174Page 235, line 5, after "has" insert "effect"
175Page 237, line 22, leave out from "before" to "that" in line 23 and insert "a court in England and Wales"
176Page 237, line 36, leave out from "that" to end of line 38 and insert "the conditions in paragraph 3(1)(a) and (b) are satisfied in relation to any requirement to be imposed"
177Page 237, line 44, leave out "the court which made the community order" and insert "a court in England and Wales"

 
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15 July 2003