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

House of Lords

back to previous amendments

 

Clause 283

 

THE BARONESS SCOTLAND OF ASTHAL

230ZZBPage 160, line 41, after "more)" insert "except in Chapter 7"
 

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 DHOLAKIA
THE LORD THOMAS OF GRESFORD

230BPage 163, line 15, leave out "fourteen" and insert "ten"
 

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—
  "Enforcement of regulations implementing Community legislation on endangered species
(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]
 

THE BARONESS SCOTLAND OF ASTHAL

232AAInsert the following new Clause—
  "Extension of investigations by Criminal Cases Review Commission in England and Wales
(1)  Section 23A of the Criminal Appeal Act 1968 (c. 19) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2)  In subsection (1) after "conviction" there is inserted "or an application for leave to appeal against conviction,".
(3)  In paragraph (a) of that subsection—
(a)  at the beginning there is inserted "in the case of an appeal,", and
(b)  for "case", in both places where it occurs, there is substituted "appeal".
(4)  After paragraph (a) of that subsection there is inserted—
    "(aa)  in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;".
(5)  After that subsection there is inserted—
    "(1A)  A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act."
(6)  After subsection (4) there is inserted—
    "(5)  In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
232ABInsert the following new Clause—
  "Extension of investigations by Criminal Cases Review Commission in Northern Ireland
(1)  Section 25A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (power to order investigations by Criminal Cases Review Commission) is amended as follows.
(2)  In subsection (1) after "conviction" there is inserted "or an application for leave to appeal against conviction,".
(3)  In paragraph (a) of that subsection—
(a)  at the beginning there is inserted "in the case of an appeal,", and
(b)  for "case", in both places where it occurs, there is substituted "appeal".
(4)  After paragraph (a) of that subsection there is inserted—
    "(aa)  in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;".
(5)  After that subsection there is inserted—
    "(1A)  A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below."
(6)  After subsection (4) there is inserted—
    "(5)  In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""
232ACInsert the following new Clause—
  "Appeals following reference by Criminal Cases Review Commission
(1)  Section 14 of the Criminal Appeal Act 1995 (c. 35) (further provision about references by Criminal Cases Review Commission) is amended as follows.
(2)  After subsection (4) there is inserted—
    "(4A)  Subject to subsection (4B), where a reference under section 9 or 10 is treated as an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground which is not related to any reason given by the Commission for making the reference.
    (4B)  The Court of Appeal may give leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction, verdict, finding or sentence which is not related to any reason given by the Commission for making the reference."
(3)  In subsection (5) for "any of sections 9 to" there is substituted "section 11 or"."
232ADInsert the following new Clause—
  "Power to substitute conviction of alternative offence on appeal in England and Wales
(1)  The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)  In section 3 (power to substitute conviction of alternative offence) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 3 there is inserted—
    "3APower to substitute conviction of alternative offence after guilty plea
    (1)  This section applies on an appeal against conviction where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.
    (2)  The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.""
232AEInsert the following new Clause—
  "Power to substitute conviction of alternative offence on appeal in Northern Ireland
(1)  The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2)  In section 3 (power to substitute conviction of alternative offence) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 3 there is inserted—
    "3APower to substitute conviction of alternative offence after guilty plea
    (1)  This section applies where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
    (2)  The Court may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.""
232AFInsert the following new Clause—
  "Substitution of conviction on different charge on appeal from court-martial
(1)  The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
(2)  In section 14 (substitution of conviction on different charge) in subsection (1) after "an offence" there is inserted "to which he did not plead guilty".
(3)  After section 14 there is inserted—
    "14ASubstitution of conviction on different charge after guilty plea
    (1)  This section applies where—
    (a)  an appellant has been convicted of an offence to which he pleaded guilty,
    (b)  if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and
    (c)  it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
    (2)  The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant's plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.""
232AGInsert the following new Clause—
  "Appeals against sentences in England and Wales
(1)  The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)  In section 10 (appeal against sentence in certain cases) for subsection (3) there is substituted—
    "(3)  An offender dealt with for an offence before the Crown Court in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against any sentence passed on him for the offence by the Crown Court."
(3)  In section 11 (supplementary provisions as to appeal against sentence) after subsection (6) there is inserted—
    "(7)  For the purposes of this section, any two or more sentences are to be treated as passed in the same proceeding if—
    (a)  they are passed on the same day; or
    (b)  they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.""

 
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©Parliamentary copyright 2003
13 October 2003