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Amendments to the Criminal Justice Bill

Criminal Justice Bill


SIXTH
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 76 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 76

135F[Withdrawn]
135G[Withdrawn]
 

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 LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135GCPage 50, line 43, after "be" insert "for the qualifying offence"
135GDPage 51, line 15, leave out subsection (5)
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

135HPage 51, line 16, leave out from first "person" to end of line 17
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

135HAPage 51, line 19, leave out from "trial" to end of line 23
135HBPage 51, line 24, leave out subsection (7)
135J[Withdrawn]
 

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."
 

After Clause 89

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

137EInsert the following new Clause—

"CHAPTER A1

89ACriminal Evidence Rules
(1)  There are to be rules of court (to be called "Criminal Evidence Rules") governing the use of evidence in the criminal courts.
(2)  Criminal Evidence Rules are to be made by a committee known as the Criminal Evidence Rules Committee.
(3)  The power to make Criminal Evidence Rules includes power to make different provision for different cases or different areas, including different provision—
(a)  for a specified court or description of courts, or
(b)  for specified descriptions of proceedings or a specified jurisdiction.
(4)  Any power to make or alter Criminal Evidence Rules is to be exercised with a view to securing that—
(a)  the criminal justice system is accessible, fair and efficient, and
(b)  the rules are both simple and simply expressed."
137FInsert the following new Clause—
"89BCriminal Evidence Rules Committee
(1)  The Criminal Evidence Rules Committee is to consist of—
(a)  the Lord Chief Justice, and
(b)  the persons currently appointed by the Lord Chancellor under subsection (2).
(2)  The Lord Chancellor must appoint—
(a)  a person nominated by the Secretary of State,
(b)  three persons each of whom is either a puisne judge of the High Court or an ordinary judge of the Court of Appeal,
(c)  two circuit judges with particular experience of sitting in criminal courts,
(d)  one District Judge (Magistrates' Courts),
(e)  one lay justice,
(f)  one justices' clerk,
(g)  the Director of Public Prosecutions or a person nominated by the Director,
(h)  two persons who have a Supreme Court qualification and who have particular experience of practice in criminal courts,
(i)  two persons who—
(i)  have been granted by an authorised body, under Part 2 of the 1990 Act, the right to conduct litigation in relation to all proceedings in the Supreme Court, and
(ii)  have particular experience of practice in criminal courts,
(j)  one person who appears to represent the Association of Chief of Police Officers, and
(k)  two persons who appear to represent voluntary organisations with a direct interest in the work of criminal courts.
(3)  Before appointing a person under subsection (2)(b) to (f), the Lord Chancellor must consult the Lord Chief Justice.
(4)  The Criminal Evidence Rules Committee is to be chaired by the Lord Chief Justice; and one of the judges appointed under subsection (2)(b) is to be his deputy.
(5)  The Lord Chancellor may reimburse—
(a)  the travelling and out-of-pocket expenses of the members of the Criminal Evidence Rules Committee, and
(b)  authorised travelling and out-of-pocket expenses of persons invited to participate in the work of the Committee.
(6)  "The 1990 Act" means the Court and Legal Service Act 1990 (c. 41)."
137GInsert the following new Clause—
"89CPower to change certain requirements relating to Committee
(1)  The Lord Chancellor may by order—
(a)  amend section 89B(2) (persons to be appointed to Committee by Lord Chancellor), and
(b)  make consequential amendments in any other provision of section 89A.
(2)  Before making an order under this section the Lord Chancellor must consult the Lord Chief Justice."
137HInsert the following new Clause—
"89DProcess for making Criminal Evidence Rules
(1)  The Criminal Evidence Rules Committee must, before making Criminal Evidence Rules—
(a)  consult such persons as they consider appropriate, and
(b)  meet (unless it is inexpedient to do so).
(2)  Rules made by the Criminal Procedure Rule Committee must be—
(a)  signed by the majority of the members of the Committee, and
(b)  submitted to the Lord Chancellor.
(3)  The Lord Chancellor may, with the concurrence of the Secretary of State, allow, disallow or alter rules so made.
(4)  Before altering rules so made the Lord Chancellor must consult the Committee.
(5)  Rules so made, as allowed or altered by the Lord Chancellor—
(a)  come into force on such day as the Lord Chancellor directs, and
(b)  are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
(6)  Subject to subsection (7), a statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(7)  A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a)."
137JInsert the following new Clause—
"89EPower to amend legislation in connection with the rules
  The Lord Chancellor may, with the concurrence of the Secretary of State, by order amend, repeal or revoke any enactment to the extent that he considers it necessary or desirable—
(a)  in order to facilitate the making of Criminal Evidence Rules, or
(b)  in consequence of section 89A or 89D or Criminal Procedure Rules."
 

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 above-named Lords give notice of their 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,"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

143A*Page 62, line 21, leave out paragraph (f) and insert—
"(f)  it is relevant to an issue between the defendant and the co-defendant"
143B*Page 62, line 26, leave out "(1)(d)" and insert "(1)(c), (d)"
143C*Page 62, line 26, after "(e)" insert ", (g)"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

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 above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

 
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©Parliamentary copyright 2003
12 September 2003