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

House of Lords

back to previous amendments

 

After Clause 283

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

230ZAInsert the following new Clause—
  "Duty of probation officers to consult with magistrates
  It shall be the duty of the chief officer of each probation area—
(a)  to establish consultation arrangements with local magistrates' courts committees and local communities,
(b)  to assist the probation service in the performance of its duties of reducing offending, and
(c)  to supervise offenders in the community."
 

Before Clause 284

 

THE LORD DUBS

230AInsert the following new Clause—
  "Preserved powers of arrest: Northern Ireland
  In Schedule 2 to the Police and Criminal Evidence (Northern Ireland) Order 1989, at the end there shall be inserted—
      "Section 103(1) to (3) of the Road Traffic Act 1988 (c. 52) as amended by section 49(1) of the Police Reform Act 2002 (c. 30).""
 

Clause 284

 

THE LORD LLOYD OF BERWICK

 The Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 284 stand part of the Bill.
 

After Clause 284

 

THE BARONESS SCOTLAND OF ASTHAL

231Insert the following new Clause—
  "
(1)  In this section—
 "the 1972 Act" means the European Communities Act 1972 (c. 68);
 "relevant Community instrument" means—
(a)  Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating the trade therein, and
(b)  Commission Regulation 1808/01/EC on the implementation of the Council Regulation mentioned in paragraph (a).
(2)  Regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on conviction on indictment with imprisonment for a term not exceeding five years.
(3)  In relation to Scotland and Northern Ireland, regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument may, notwithstanding paragraph 1(1)(d) of Schedule 2 to the 1972 Act, create offences punishable on summary conviction with imprisonment for a term not exceeding six months.
(4)  In Scotland, a constable may arrest without a warrant a person—
(a)  who has committed or attempted to commit an offence under regulations made under section 2(2) of the 1972 Act for the purpose of implementing any relevant Community instrument, or
(b)  whom he has reasonable grounds for suspecting to have committed or to have attempted to commit such an offence.
(5)  Until the coming into force of paragraph 3 of Schedule 23 (which amends paragraph 1 of Schedule 2 to the 1972 Act), subsection (3) has effect—
(a)  with the omission of the words "in relation to Scotland and Northern Ireland", and
(b)  as if, in relation to England and Wales, the definition of "relevant Community instrument" also included Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora as amended by the Act of Accession to the European Union of Austria, Finland and Sweden and by Council Directive 97/62/EC.
(6)  Any reference in this section to a Community instrument is to be read—
(a)  as a reference to that instrument as amended from time to time, and
(b)  where any provision of that instrument has been repealed, as including a reference to any instrument that re-enacts the repealed provision (with or without amendment)."
 

After Clause 289

 

THE BARONESS GOULD OF POTTERNEWTON
THE BARONESS WHITAKER

232Insert the following new Clause—
  "Joint and several liability for serious injury or death of a child
(1)  When a child aged under sixteen suffers serious harm or death deriving from ill-treatment, whilst it is with two or more people, at least one of whom has responsibility for it, and the death or injury must have been caused by one or more than one of those people, all of those people shall be guilty of an offence of failing to protect the child and shall be liable on conviction to imprisonment for a term not exceeding 14 years.
(2)  Serious harm deriving from ill-treatment will be established where the child is the victim of an offence of—
(a)  murder;
(b)  manslaughter;
(c)  assault under section 18 or 20 of the Offences Against the Persons Act 1861 (c. 100);
(d)  rape; or
(e)  indecent assault.
(3)  It is a defence to a charge under subsection (1) if a defendant shows that he did all that it was reasonably practical to do, in the circumstances, at the time of the serious harm deriving from ill-treatment.
(4)  In a trial for an offence under subsection (1), any decision whether or not there is a case for any defendant to answer shall not be taken by the judge before the end of the defence case."
232A[Withdrawn]
 

Schedule 27

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

232BPage 331, line 36, leave out "and"
232CPage 331, line 37, at end insert "; and
(e)  he does not fall within subsection (4) below"
232DPage 332, line 4, at end insert—
    "(4)      A person falls within this subsection if, in the opinion of the appropriate officer—
    (a)  that person has a close present or former connection with the administration of justice, and
    (b)  as a result other jurors might give that person's views undue weight.""
232EPage 332, line 24, at end insert—
 "6A      After section 9(3) (discretionary excusal) there is inserted—
    "(3A)      Crown Court rules shall provide for questions arising in relation to the application of section 1(1)(e) to any person to be resolved by the court.""
 

After Clause 294

 

THE BARONESS WALMSLEY
THE BARONESS MASSEY OF DARWEN

233Insert the following new Clause—
  "Principles of the youth justice system
  For section 37(2) of the Crime and Disorder Act 1998 (c. 37) (aim of the youth justice system) there is substituted—
    "(2)  The youth justice system shall also have regard to the following principles—
    (a)  the welfare of the child shall be the paramount consideration;
    (b)  deprivation of liberty should only be used as a measure of last resort and for the shortest possible time;
    (c)  any decisions must be made in the best interests of the child.
    (3)  In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to the aim and principles.""
 

Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

234Page 338, leave out lines 4 and 5 and insert—
"(2)      A parenting order is an order which requires the parent—
(a)  to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
(b)  subject to sub-paragraph (3A) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer."
235Page 338, line 6, leave out from "under" to "are" in line 7 and insert "sub-paragraph (2)(a) above"
236Page 338, line 9, at end insert—
"(3A)      A parenting order under this paragraph may, but need not, include a requirement mentioned in subsection (2)(b) above in any case where a parenting order under this paragraph or any other enactment has been made in respect of the parent on a previous occasion.
(3B)      A counselling or guidance programme which a parent is required to attend by virtue of subsection (2)(b) above may be or include a residential course but only if the court is satisfied—
(a)  that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the commission of any further offence by the offender, and
(b)  that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances."
237Page 338, line 14, leave out ", (5)"
 

Clause 295

 

THE BARONESS SCOTLAND OF ASTHAL

238Page 169, line 5, at end insert—
"(   )  every local education authority any part of whose area falls within the relevant area,"
239Page 169, line 24, at end insert—
 ""local education authority" has the same meaning as in the Education Act 1996 (c. 56);"
239ZA[Withdrawn]
 

After Clause 298

 

THE BARONESS ANELAY OF ST JOHNS

239ZBInsert the following new Clause—
  "Excluding civil liability of victims of crime
(1)  A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.
(2)  Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3)  For the purpose of subsection (1) "victim" is defined as any person natural or corporate—
(a)  whose interests were affected or threatened by the relevant offender, or
(b)  who believed on reasonable grounds that their interests were affected or threatened by the relevant offender, or
(c)  who was, at the time of the offence, a servant or agent of any person falling within paragraph (a) or (b) and who either knew or reasonably believed that the person's interest were so affected or threatened by the relevant offender.
(4)  For the purposes of subsection (3) "interests" includes—
(a)  any proprietary interest;
(b)  a personal interest in avoiding physical injury.
(5)  For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender."
 

Schedule 29

 

THE BARONESS GIBSON OF MARKET RASEN

239APage 342, line 13, leave out paragraph 10
 

THE BARONESS SCOTLAND OF ASTHAL

239AAPage 343, line 14, at end insert—
    "(5)   In relation to an offence committed before the commencement of section 266(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months."
     

    Clause 299

     

    THE BARONESS ANELAY OF ST JOHNS
    THE LORD KINGSLAND

    239BPage 171, line 13, after "161" insert "or 163"
     

    THE BARONESS ANELAY OF ST JOHNS
    THE LORD KINGSLAND
    THE BARONESS SCOTLAND OF ASTHAL

    239BA*Page 171, leave out line 31
     

    THE BARONESS ANELAY OF ST JOHNS
    THE LORD KINGSLAND

    239CPage 171, line 32, at end insert—
      "section 163(14),"
    239D[Re-tabled as amendment 239BA]
     

    Schedule 30

     

    THE BARONESS SCOTLAND OF ASTHAL

    240Page 344, line 9, at end insert—
    "(da)  as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;"
     

    THE BARONESS ANELAY OF ST JOHNS
    THE VISCOUNT BRIDGEMAN

    241Page 348, line 13, leave out ", 6C"

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
3 October 2003