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Amendments to the Criminal Justice Bill

Criminal Justice Bill


FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 24th June 2003, as follows—

Clauses 57 to 69
Schedule 4
Clauses 70 to 106
Schedule 5
Clauses 107 to 128
Schedule 6
Clauses 129 to 172
Schedule 7
Clause 173
Schedule 8
Clauses 174 to 180
Schedule 9
Clauses 181 to 185
Schedule 10
Clauses 186 to 210
Schedule 11
Clauses 211 to 215
Schedule 12
Clauses 216 to 220
Schedules 13 and 14
Clause 221
Schedule 15
Clauses 222 to 230
Schedule 16
Clauses 231 to 254
Schedule 17
Clauses 255 to 261
Schedule 18
Clauses 262 and 263
Schedule 19
Clause 264
Schedule 20
Clause 265
Schedules 21 and 22
Clauses 266 to 268
Schedule 23
Clause 269
Schedule 24
Clauses 270 to 278
Schedule 25
Clauses 279 to 282
Schedule 26
Clauses 283 to 291
Schedule 27
Clauses 292 to 294
Schedule 28
Clauses 295 to 298
Schedule 29
Clauses 299 and 300
Schedule 30
Clause 301
Schedule 31
Clause 302
Schedule 32
Clauses 303 to 307

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 57

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132JPage 39, line 31, leave out subsection (8)
 

Clause 58

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

132KPage 40, line 4, after "adjournment" insert "for no more than seven days"
132LPage 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

132MPage 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."
132NPage 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

132PPage 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

133APage 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

133BPage 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."
133CPage 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

133DPage 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."
 

Clause 60

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133EPage 41, line 4, leave out "58(3) or"
133FPage 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

133GPage 41, line 9, leave out "may" and insert "must"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

133HPage 41, line 13, leave out second "may" and insert "must"
133JPage 41, line 14, leave out "(3)(a) or (b)" and insert "(3)"
 

Clause 62

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

133KPage 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

133LPage 41, line 29, leave out first "the" and insert "that"
133MPage 41, line 32, leave out "the" and insert "that"
133NPage 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 BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

133PPage 46, line 7, at end insert "or Scotland"
133QPage 46, line 7, at end insert "or Northern Ireland"
133RPage 46, line 9, after "Wales" insert "or Scotland"
133SPage 46, line 9, after "Wales" insert "or Northern Ireland"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD THOMAS OF GRESFORD

133TPage 46, line 25, leave out subsection (4)
133UPage 46, line 30, leave out subsection (5)
 

THE LORD LLOYD OF BERWICK
THE BARONESS KENNEDY OF THE SHAWS
THE LORD THOMAS OF GRESFORD

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.
 

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"

 
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©Parliamentary copyright 2003
16 July 2003