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

House of Lords

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Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

Page 36, line 37, leave out "50 or"
Page 36, line 37, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
Page 36, line 38, leave out "in relation to a ruling"
Page 36, line 38, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
Page 37, line 1, leave out from second "to" to end of line 2 and insert "an appeal mentioned in paragraph (b) or (ba)"
Page 37, line 3, leave out "who made the ruling"
Page 37, line 5, leave out "50 or"
Page 37, line 5, after "51," insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
Page 37, line 34, leave out "50 or"
Page 37, line 34, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
Page 37, line 35, leave out "in relation to a ruling"
Page 37, line 35, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
Page 37, line 37, leave out from second "to" to end of line 38 and insert "an appeal mentioned in paragraph (b) or (ba)"
 

After Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Rules of court
(1)  Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2)  Without limiting subsection (1), rules of court may in particular make provision—
(a)  for time limits which are to apply in connection with any provisions of this Part,
(b)  as to procedures to be applied in connection with this Part,
(c)  enabling a single judge of the Court of Appeal to give leave to appeal under this Part or to exercise the power of the Court of Appeal under section 49(8).
(3)  Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court."
 

Clause 59

 

THE BARONESS SCOTLAND OF ASTHAL

Page 39, line 24, at end insert—
 ""qualifying evidentiary ruling" is to be construed in accordance with section (Appeals in respect of evidentiary rulings)(2),
 "the relevant condition" is to be construed in accordance with section (Condition that evidentiary ruling significantly weakens prosecution case)(2) and (3)."
Page 39, leave out line 26 and insert—
 ""ruling" includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,"
Page 39, line 27, at end insert—
"(1A)  Any reference in this Part (other than section (Rules of court)(2)(c)) to a judge is a reference to a judge of the Crown Court."
(1B)  There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 49(3) or (Appeals in respect of evidentiary rulings)(5)."
Page 39, line 32, leave out subsection (3)
 

Clause 96

 

THE BARONESS SCOTLAND OF ASTHAL

Page 62, line 10, after "Chapter" insert "(except section 84(3))"
Page 62, line 13, at end insert—
"(a)  under the rule in section 3 of the Criminal Procedure Act 1865 (c.18) against a party impeaching the credit of his own witness by general evidence of bad character,"
Page 62, line 15, after "(c. 23)" insert "(restriction on evidence or questions about complainant's sexual history)"
 

Clause 100

 

THE BARONESS SCOTLAND OF ASTHAL

Page 64, line 20, leave out from "not" to "or" in line 21 and insert "obtained pursuant to a request under section 7 of the Crime (International Co-operation) Act 2003"
 

Clause 119

 

THE BARONESS SCOTLAND OF ASTHAL

Page 75, line 1, leave out subsection (2)
 

After Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Schedule—
 

"SCHEDULE
QUALIFYING OFFENCES FOR PURPOSES OF SECTION
(APPEALS IN RESPECT OF EVIDENTIARY RULINGS)
PART 1
LIST OF OFFENCES
OFFENCES AGAINST THE PERSON

 

Murder

 1      Murder.
 

Attempted murder

 2      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.
 

Soliciting murder

 3      An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
 

Manslaughter

 4      Manslaughter.
 

Wounding or causing grievous bodily harm with intent

 5      An offence under section 18 of the Offences against the Person Act 1861 (c. 100).
 

Kidnapping

 6      Kidnapping.
 

SEXUAL OFFENCES

 

Rape

 7      An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.
 

Attempted Rape

 8      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.
 

Intercourse with a girl under thirteen

 9      An offence under section 5 of the Sexual Offences Act 1956 (c. 69).
 

Incest by a man with a girl under thirteen

 10      An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to have been committed with a girl under thirteen.
 

Assault by penetration

 11      An offence under section 2 of the Sexual Offences Act 2003.
 

Causing a person to engage in sexual activity without consent

 12      An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.
 

Rape of a child under thirteen

 13      An offence under section 5 of the Sexual Offences Act 2003.
 

Attempted rape of a child under thirteen

 14      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.
 

Assault of a child under thirteen by penetration

 15      An offence under section 6 of the Sexual Offences Act 2003.
 

Causing or inciting a child under thirteen to engage in sexual activity

 16      An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
 

Sexual activity with a person with a mental disorder

 17      An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (4)(a) to (d) of that section.
 

Causing or inciting a person with a mental disorder to engage in sexual activity

 18      An offence under section 32 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (4)(a) to (d) of that section was caused.
 

DRUGS OFFENCES

 

Unlawful importation of Class A drug

 19      An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Unlawful exportation of Class A drug

 20      An offence under section 68(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Fraudulent evasion in respect of Class A drug

 21      An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Producing or being concerned in production of Class A drug

 22      An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

Supplying or offering to supply Class A drug

 23      An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

THEFT OFFENCES

 

Robbery

 24      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).
 

CRIMINAL DAMAGE OFFENCES

 

Arson endangering life

 25      An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.
 

Causing explosion likely to endanger life or property

 26      An offence under section 2 of the Explosive Substances Act 1883 (c. 3).
 

Intent or conspiracy to cause explosion likely to endanger life or property

 27      An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3).
 

WAR CRIMES AND TERRORISM

 

Genocide, crimes against humanity and war crimes

 28      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
 

Grave breaches of the Geneva Conventions

 29      An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
 

Directing terrorist organisation

 30      An offence under section 56 of the Terrorism Act 2000 (c. 11).
 

Hostage-taking

 31      An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
 

HIJACKING AND OTHER OFFENCES RELATING TO AVIATION, MARITIME AND RAIL SECURITY

 

Hijacking of aircraft

 32      An offence under section 1 of the Aviation Security Act 1982 (c. 36).
 

Destroying, damaging or endangering the safety of an aircraft

 33      An offence under section 2 of the Aviation Security Act 1982 (c. 36).

 
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23 October 2003