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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fifth Marshalled List]


 

After Clause 89

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Insert 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."
Insert 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 subsections (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)."
Insert 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."
Insert 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)."
Insert 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."
 

After Clause 140

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Insert the following new Clause—
"Passing of deferred community sentence on offender already serving custodial sentence for another offence
(1)  This section applies when—
(a)  an offender is sentenced for an offence ("the current offence");
(b)  at the time when he is sentenced for the currrent offence, he is in custody and is serving a custodial sentence that was passed in respect of another offence ("the previous offence") or he is ordered by the court to be returned to custody to serve any part of such a custodial sentence; and
(c)  at the time when he is sentenced, the unexpired period of the custodial sentence passed in respect of the previous offence is 12 months or less.
(2)  When this section applies, the court may pass a community sentence on the offender in respect of the current offence if in the circumstances the court is of the opinion that it would have imposed such a sentence had the offender not been in custody and that, notwithstanding the fact that the offender is in custody, it is in the interests of justice for a community sentence to be imposed in respect of the current offence.
(3)  When this section applies and the court passes a community sentence in respect of the current offence the court shall order that the commencement of the community sentence is to be deferred until such time as the offender is released from custody."
 

Schedule 7

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 224, line 13, leave out "and persistently"
Page 224, line 25, leave out "and persistently"
Page 225, line 14, leave out "and persistently"
Page 225, line 26, leave out "and persistently"
 

Clause 174

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 102, line 32, leave out "any power of a court to impose"
Page 102, line 33, leave out "on an offender"
Page 102, line 33, leave out "exercised" and insert "imposed by a court on an offender"
Page 103, line 19, leave out "65" and insert "102"
Page 103, line 20, leave out "26" and insert "51"
 

Clause 175

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 104, line 6, leave out paragraph (b)
Page 104, line 11, leave out "may" and insert "must"
 

Clause 177

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 105, line 26, at end insert—
"(1A)  The court may not make an intermittent custody order in respect of any offender who is subject to the notification requirements of Part 1 of the Sex Offenders Act 1997 (c. 51).
(1B)  The court may not make an intermittent custody order in respect of any offender who is being sentenced for an offence against a child within the meaning of Part II of the Criminal Justice and Court Services Act 2000 (c. 43) (protection of children).
(1C)  The court may not make an intermittent custody order in respect of any offender who is being sentenced for an offence under section 3, 4, or 5(3) if the Misuse of Drugs Act 1971 (c. 38) (import, export, production, supply and possession with intent to supply of controlled drugs) committed in respect of a Class A drug (as defined in section 2 of that Act)."
 

Clause 182

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 108, line 28, leave out "may" and insert "must"
 

Clause 190

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 112, line 21, leave out "300" and insert "400"
 

Clause 191

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 112, line 42, after "work" insert "for the benefit of the community"
 

Clause 192

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 113, line 19, after "order" insert "for such number of hours and"
Page 113, line 38, leave out "60" and insert "100"
 

Clause 205

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 122, line 18, leave out "36"
 

Clause 216

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 127, line 7, leave out "members of the public" and insert "any person or class of person"
 

Clause 218

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 128, line 31, leave out subsection (4)
 

Clause 219

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 129, line 20, leave out subsection (4)
 

Schedule 17

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 265, line 32, at end insert—
"(e)  the murder of a police officer or prison officer in the course of his duty,
(f)  a murder done for gain (such as murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death), or
(g)  a murder intended to obstruct or interfere with the course of justice."
Page 265, line 42, leave out paragraph (a)
Page 266, line 1, leave out paragraphs (c) and (d)
Page 266, line 11, leave out paragraph 6
Page 266, line 34, leave out paragraph (b)
 

Schedule 21

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

Page 279, line 5, leave out paragraphs 16 and 17

 
 
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©Parliamentary copyright 2003
9 September 2003