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

House of Lords

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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 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 BARONESS WALMSLEY

 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 unless"
 

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

153A*Page 69, line 30, at end insert "but only after such steps as may reasonably be taken to address that fear have been taken"
153B*Page 69, line 31, leave out subsection (3)
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 LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

 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

 

160A[Withdrawn]
 

THE BARONESS WALMSLEY
THE BARONESS ANELAY OF ST JOHNS

160BInsert 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."
 

Before Clause 135

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BAInsert the following new Clause—
    "Commencement of Part 12: certification of sufficient resources
      The Secretary of State may not make an order under section 305(3) bringing any provision of this Part into force until he has laid a certificate before both Houses of Parliament stating that he is satisfied that sufficient resources have been provided to enable the provisions of this Part that he proposes to bring into force in the order adequately to be given practical effect."
 

Clause 135

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BBPage 84, line 10, at beginning insert "Subject to subsection (1A),"
160BCPage 84, line 10, at beginning insert "Subject to subsections (1B) and (1C),"
160BDPage 84, line 14, at end insert—
"(   )  ensuring offenders' awareness of the effects of crime on the victims of crime and the public,"
160BEPage 84, line 16, after "to" insert "the community and"
160BFPage 84, line 17, at end insert ", and
(f)  the restoration of public confidence and the prevalence of the offence in question in the locality."
160BGPage 84, line 17, at end insert—
"(1A)  Judges shall have discretion in the determination of all sentences."
160BHPage 84, line 17, at end insert—
"(1B)  In determining the weight to be given to each of the purposes in subsection (1) when dealing with an offender, the court may have regard to any guidelines issued by the Council."
160BJPage 84, line 17, at end insert—
"(1C)  For the avoidance of doubt, the purposes of sentencing listed in subsection (1) are to have priority over the following provisions of this Chapter."
 

Clause 136

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BKPage 84, line 34, after "offence" insert "and all the surrounding circumstances"
160BLPage 84, line 34, after "harm" insert "or distress"
160BMPage 84, line 34, after "harm" insert "(whether to a victim, any other person affected by the offence, or to the public generally)"
160BNPage 84, line 35, after first "caused" insert "(whether directly or indirectly)"
160BPPage 84, line 37, after "convictions" insert "or cautions"
160BQPage 84, line 37, leave out "must" and insert "may"
160BRPage 85, line 6, at end insert—
"(3A)  In determining the seriousness of any offence, the court may consider any other mitigating or aggravating factors as it considers appropriate to do so."
160BSPage 85, line 13, at end insert "having regard to all the circumstances, including the circumstances in which the offender was tried and convicted outside the United Kingdom"
 

Clause 137

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

160BTPage 85, line 19, after "guilty" insert "or made a full admission to the police"
 

Clause 138

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

160CPage 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."

 
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©Parliamentary copyright 2003
12 September 2003