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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

After Clause 1

 

THE LORD MARLESFORD

Insert the following new Clause—
  "Power to search for firearms
  If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange—
(a)  for the area to be sealed off; and
(b)  for the searching for firearms of any people or vehicles in that area, by whatever means he considers appropriate."
 

Clause 3

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 2, line 13, leave out from second "of" to end of line 14 and insert "cannabis or cannabis resin"
 

Clause 5

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 5, line 8, leave out "17" and insert "18"
Page 5, line 27, leave out "17" and insert "18"
 

Clause 14

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 10, line 32, at end insert—
    "(   )  The application of sub-paragraph (1) above shall be at the discretion of the court where the defendant is suffering from a mental disorder within the meaning of section 2 of the Mental Health Act 1983 (c. 20) (admission for assessment)."
 

Clause 17

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 13, line 32, after "imprisonment" insert "for two years or more"
 

Clause 21

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 16, line 43, leave out paragraphs (a) and (b)
Page 16, line 43, leave out paragraph (a) and insert—
"(a)  an officer of the rank of chief inspector or above,"
 

Clause 22

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 17, line 12, after "offender" insert ", having taken or refused to take legal advice,"
Page 17, line 18, after "that" insert ", after being offered the opportunity of receiving legal advice,"
 

Clause 23

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 17, line 27, leave out subsection (2)
 

Clause 24

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

Page 18, line 7, at end insert ", in particular the role of the probation service"
Page 18, line 7, at end insert ", and
(i)  deciding, having regard to the character and background of the person to be cautioned, the appropriateness of conditions which may be attached"
 

Clause 33

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
THE BARONESS ANELAY OF ST JOHNS

Leave out Clause 33
 

Clause 60

 

THE LORD LLOYD OF BERWICK

Page 40, line 35, leave out subsection (6)
 

Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

Page 219, line 7, leave out paragraph 5
Page 219, line 13, leave out "or 2"
Page 219, line 17, leave out "or 2"
Page 219, line 22, at end insert—
 

"Assault by penetration

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

Causing a person to engage in sexual activity without consent

      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 13

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

Attempted rape of a child under 13

      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 13 by penetration

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

Causing or inciting a child under 13 to engage in sexual activity

      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

      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

      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."
Page 220, line 10, leave out paragraph 15
Page 220, line 15, leave out paragraph 16
Page 221, line 7, leave out paragraphs 24 to 30
Page 222, line 15, leave out paragraph 36
Page 223, line 19, leave out paragraph 46
Page 223, line 24, leave out paragraph 47
Page 224, line 15, leave out paragraphs 55 to 61
 

Clause 61

 

THE BARONESS SCOTLAND OF ASTHAL

Page 41, line 16, leave out "and"
Page 41, line 17, at end insert ", and
"(   )  any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union relating to the principle of ne bis in idem."
 

After Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Offences in connection with publication restrictions
(1)  This section applies if—
(a)  an order under section 67 is made, whether in England and Wales or Northern Ireland, and
(b)  while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.
(2)  Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3)  Where the publication is a relevant programme—
(a)  any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
(b)  any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
  is guilty of an offence.
(4)  In the case of any other publication, any person publishing it is guilty of an offence.
(5)  If an offence under this section committed by a body corporate is proved—
(a)  to have been committed with the consent or connivance of, or
(b)  to be attributable to any neglect on the part of,
  an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6)  In subsection (5), "officer" means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(7)  If the affairs of a body corporate are managed by its members, "director" in subsection (6) means a member of that body.
(8)  Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10)  Proceedings for an offence under this section may not be instituted—
(a)  in England and Wales otherwise than by or with the consent of the Attorney General, or
(b)  in Northern Ireland otherwise than by or with the consent of—
(i)  before the relevant date, the Attorney General for Northern Ireland, or
(ii)  on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
(11)  In subsection (10) "the relevant date" means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force."
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

Page 52, line 24, leave out from "(1)," to "may" in line 25 and insert "rules of court"
Page 52, line 26, leave out "66" and insert "67"
 

Clause 79

 

THE BARONESS SCOTLAND OF ASTHAL

Page 53, leave out lines 3 and 4
Page 53, line 9, leave out "1979 Act," and insert "Customs and Excise Management Act 1979 (c. 2),"
Page 53, line 11, after first ""officer"" insert ", except in section (Offences in connection with publication restrictions),"
 

Clause 80

 

THE BARONESS SCOTLAND OF ASTHAL

Page 54, line 5, at end insert—
"(   )  In section 67(10) after "enactment" in each place insert "(including any provision of Northern Ireland legislation)"."
Page 54, line 6, after "68(1)" insert "and (2)"
Page 54, line 6, at end insert—
"(   )  Section 68(6) has effect—
(a)  as if any reference to a provision of Part 10 were a reference to any corresponding provision contained in an Order in Council to which section 310(1) applies, at any time when such corresponding provision is in force;
(b)  at any other time, with the omission of the words from "unless" to the end."
Page 54, line 11, leave out "committed" and insert "returned"
Page 54, line 13, at end insert—
"(   )  In section 71—
(a)  in subsection (3), for "Part 4 of the 1984 Act" substitute "Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N.I. 12)) ("the 1989 Order")",
(b)  in paragraph (b) of that subsection, for "section 34(7) of that Act" substitute "Article 35(8) of that Order",
(c)  in subsection (6)—
(i)  for the words from the beginning to "40(8) of that Act)" substitute "Article 38 of that Order (including any provision of that Article as applied by Article 41(8) of that Order)",
(ii)  for "subsection" in each place substitute "paragraph",
(iii)  in paragraph (e), for "subsections (7A), (7B) and (8)" substitute "paragraph (8)", and
(iv)  in paragraph (f), in the inserted paragraph (10A) omit "above".
(d)  for subsection (7) substitute—
"(7)  Article 41 of that Order has effect as if in paragraphs (8) and (9) of that Article after "(6)" there were inserted "and (10A).",
(e)  in subsection (8)—
(i)  for "Section 42 of that Act" substitute "Article 43 of that Order", and
(ii)  for "subsection (1) of that section" substitute "paragraph (1) of that Article".
(   )  For section 72(1) substitute—
    "(1)  In relation to a person charged in accordance with section 71(4)—
    (a)  Article 39 of the 1989 Order (including any provision of that Article as applied by Article 41(10) of that Order) has effect as if, in paragraph (1), for "either on bail or without bail" there were substituted "on bail",
    (b)  Article 48 of that Order has effect as if for paragraphs (1) to (11) there were substituted—
    "(1)  A person who is released on bail shall be subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint.
    (2)  The custody officer may require a person who is to be released on bail to enter into a recognisance conditioned upon his subsequent appearance before the Crown Court in accordance with paragraph (1).
    (3)  A recognisance under paragraph (2) may be taken before the custody officer.", and
    (c)  Article 132A of the Magistrates Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) does not apply.
(   )  In section 72(2)—
(a)  for paragraph (b) substitute—
    "(b)  detained in a place of safety in pursuance of arrangements made under Article 39(6) of the 1989 Order,", and
(b)  for "section 46 of the 1984 Act" substitute "Article 47 of the 1989 Order".
(   )  In section 73(6) for "section 81(5) of the Supreme Court Act 1981" substitute "section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23)".
(   )  For section 74(4) substitute—
    "(4)  The court may at any time, as it sees fit, vary the conditions of bail granted under this section.""
Page 54, line 21, at end insert—
"(   )  In section 77(3) after "enactment" insert "(including any provision of Northern Ireland legislation)"."

 
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©Parliamentary copyright 2003
24 October 2003