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Amendments to the Criminal Justice Bill

Criminal Justice Bill


SEVENTH
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 93

 

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

143APage 62, line 21, leave out paragraph (f) and insert—
"(f)  it is relevant to an issue between the defendant and the co-defendant"
143BPage 62, line 26, leave out "(1)(d)" and insert "(1)(c), (d)"
143CPage 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.
 

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

148[Withdrawn]
 

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

153APage 69, line 30, at end insert "but only after such steps as may reasonably be taken to address that fear have been taken"
153BPage 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.
157[Withdrawn]
158[Withdrawn]
159[Withdrawn]
 

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"
160A[Withdrawn]
 

After Clause 132

 

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 suspect visually, an auditory identity parade may be used."
160BA[Re-tabled as amendment 252C]
 

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"

 
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©Parliamentary copyright 2003
17 September 2003