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

House of Lords

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Hijacking of ships

 34      An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Seizing or exercising control of fixed platforms

 35      An offence under section 10 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Destroying ships or fixed platforms or endangering their safety

 36      An offence under section 11 of the Aviation and Maritime Security Act 1990 (c. 31).
 

Hijacking of Channel Tunnel trains

 37      An offence under article 4 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570).
 

Seizing or exercising control of the Channel Tunnel system

 38      An offence under article 5 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570).
 

CONSPIRACY

 

Conspiracy

 39      An offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit an offence listed in this Part of this Schedule.
 

PART 2
SUPPLEMENTARY

 32      A reference in Part 1 of this Schedule to an offence includes a reference to an offence of aiding, abetting, counselling or procuring the commission of the offence.
 33      A reference in Part 1 of this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time."
 

Schedule 32

 

THE BARONESS SCOTLAND OF ASTHAL

Page 377, line 2, leave out paragraph 11
Page 378, line 20, at end insert—
 

"Crime (International Co-operation) Act 2003

 16A      After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—
    "4AGeneral requirements for service of written charge or requisition
    (1)      This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor—
    (a)  a written charge (within the meaning of section 27 of the Criminal Justice Act 2003),
    (b)  a requisition (within the meaning of that section).
    (2)      The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom.
    (3)      Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language.
    (4)      A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court.
    (5)      If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service.
    (6)      Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question.
    (7)      But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance).
    4BService of written charge or requisition otherwise than by post
    (1)      A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State.
    (2)      But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met.
    (3)      The conditions are—
    (a)  that the correct address of the person is unknown,
    (b)  that it has not been possible to serve the written charge or requisition by post,
    (c)  that there are good reasons for thinking that service by post will not be effective or is inappropriate."
Page 386, line 21, leave out from beginning to "the" in line 22 and insert—
"(1)      Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
(2)      In subsection (1) (commission of offence by non-defendant) for the words from ", where to do so" to "committed that offence" there is substituted "that that person committed that offence, where evidence of his having done so is admissible".
(3)      In subsection (3) (commission of offence by defendant)"
 

Schedule 33

 

THE BARONESS SCOTLAND OF ASTHAL

Page 391, leave out lines 23 and 24
Page 391, leave out lines 29 to 31
Page 391, line 34, column 2, leave out "7" and insert "11"
Page 392, line 5, at end insert—
  "Crime (InternationalCo-operation) Act 2003In section 9(4), the words "section 25 of the Criminal Justice Act 1988 or"."

 
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23 October 2003