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Crime (International Co-operation) Bill [HL]


 
 

Crime (International Co-operation) Bill [HL]

COMMONS AMENDMENTS

[The page and line references are to Bill 78 as first printed for the Commons.]

Clause 2

1

Page 2, line 25, after “privileges” insert “as a party or”

Clause 18

2

Page 11, line 20, after “constable” insert “or customs officer”

Clause 28

3

Page 16, line 19, leave out from “means” to end of line 22 and insert “the

 

Framework Decision on the execution in the European Union of orders freezing

 

property or evidence adopted by the Council of the European Union on 22nd July

 

2003”

4

Page 16, line 31, leave out from “in” to “of” in line 32 and insert “Article 3(2)”

5

Page 16, line 33, leave out “such an order” and insert “an order made by the

 

Secretary of State”

6

Page 16, line 40, leave out from “by” to “or” in line 42 and insert “the form of

 

certificate annexed to the relevant Framework Decision”

After Clause 81

7

Insert the following new Clause—

 

“Driver licensing information

 

Information held in any form—

 

           (a)           by the Secretary of State under Part 3 of the Road Traffic Act 1988

 

(c. 52), or

 

           (b)           by the Department of the Environment under Part 2 of the Road

 

Traffic (Northern Ireland) Order 1981 (S.I. 1981/ 154 (N.I.1)),

 

(licensing of drivers of vehicles) may be disclosed for the purposes of the

 

Schengen information system (within the meaning of section 81).”

 
 
HL Bill 11053/2

 
 

    (  2  )

 

Clause 82

8

Page 55, leave out lines 41 to 43

9

Page 56, line 7, at end insert—

 

            “but no surveillance is lawful by virtue of this subsection if the officer

 

subsequently seeks to stop and question the person in the United Kingdom

 

in relation to the relevant crime.”

Clause 93

10

Page 62, line 4, at end insert—

 

     “( )       Any day appointed for the purposes of Part 1 (other than sections 32 to 41),

 

and the related amendments and repeals, is to be one decided by the

 

Secretary of State and the Scottish Ministers.”

Schedule 4

11

Page 67, line 18, leave out from “means” to end of line 21 and insert “the

 

Framework Decision on the execution in the European Union of orders freezing

 

property or evidence adopted by the Council of the European Union on 22nd July

 

2003”

12

Page 67, line 23, leave out “a prescribed provision” and insert “Article 3(2)”

13

Page 67, line 34, leave out “a prescribed document” and insert “the form of

 

certificate”

14

Page 71, line 19, leave out from “means” to end of line 22 and insert “the

 

Framework Decision on the execution in the European Union of orders freezing

 

property or evidence adopted by the Council of the European Union on 22nd July

 

2003”

15

Page 71, line 24, leave out “a prescribed provision” and insert “Article 3(2)”

16

Page 71, line 35, leave out “a prescribed document” and insert “the form of

 

certificate”

17

Page 75, line 13, leave out from “means” to end of line 16 and insert “the

 

Framework Decision on the execution in the European Union of orders freezing

 

property or evidence adopted by the Council of the European Union on 22nd July

 

2003”

18

Page 75, line 18, leave out “a prescribed provision” and insert “Article 3(2)”

19

Page 75, line 29, leave out “a prescribed document” and insert “the form of

 

certificate”

Schedule 5

20

Page 80, line 17, at end insert—

 

“The Criminal Justice Act 1988 (c. 33)

 

12A           The Criminal Justice Act 1988 is amended as follows.

 

12B           In section 24 (business etc. documents), in subsection (4), for “section 3

 

of the Criminal Justice (International Co-operation) Act 1990” there is


 
 

    (  3  )

 
 

substituted “section 7 of the Crime (International Co-operation) Act

 

2003”.

 

12C           In section 26 (statements in documents that appear to have been

 

prepared for the purposes of criminal proceedings or investigations), for

 

“section 3 of the Criminal Justice (International Co-operation) Act 1990”

 

there is substituted “section 7 of the Crime (International Co-operation)

 

Act 2003”.

 

12D           In paragraph 6 of Schedule 13 (evidence before courts-martial etc.)—

 

              (a)             in sub-paragraph (1)—

 

                    (i)                                         for “section 3 of the Criminal Justice (International Co-

 

operation) Act 1990” there is substituted “section 7 of the

 

Crime (International Co-operation) Act 2003”, and

 

                    (ii)                                        for “letters of request or corresponding documents” there

 

is substituted “requests for assistance in obtaining

 

outside the United Kingdom evidence”, and

 

              (b)             in sub-paragraph (4), for “letters of request or corresponding

 

documents” there is substituted “requests for assistance in

 

obtaining evidence”.”

21

Page 83, line 19, at end insert—

 

“The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847

 

(N.I. 17))

 

33A           The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 is

 

amended as follows.

 

33B           In Article 4 (business etc. documents), in paragraph (4), for “section 3 of

 

the Criminal Justice (International Co-operation) Act 1990” there is

 

substituted “section 7 of the Crime (International Co-operation) Act

 

2003”.

 

33C           In Article 6 (statements in documents that appear to have been prepared

 

for the purposes of criminal proceedings or investigations), for “section

 

3 of the Criminal Justice (International Co-operation) Act 1990” there is

 

substituted “section 7 of the Crime (International Co-operation) Act

 

2003”.”

22

Page 87, line 20, at end insert—

 

“54A           In section 27 (Lord Advocate’s direction), in subsection (2), for “section

 

4(2B) of the Criminal Justice (International Co-operation) Act 1990” there

 

is substituted “section 15(4) of the Crime (International Co-operation)

 

Act 2003”.”

Schedule 6

23

Page 90, line 19, column 2, at end insert—

  

“In Schedule 4, paragraphs 6(2) and 8.”

 

 
 

    (  4  )


 
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