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

House of Lords

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After Clause 80

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Application of Criminal Appeal Acts to proceedings under Part 9
  Subject to the provisions of this Part, the Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this Part, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c. 19) or the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (subject to any specified modifications)."
 

Clause 128

 

THE VISCOUNT COLVILLE OF CULROSS
THE LORD AVEBURY

Page 79, leave out lines 5 to 7
Page 79, line 8, leave out "racially or religiously aggravated" and insert "aggravated for the purposes of this section by motives directed at a person or group of persons or property associated with such a person or group by reason of hatred of his race, religion or lack of religion, sexual orientation or other identifiable characteristic"
Page 79, line 11, leave out subsection (3) and insert—
"(3)  In this section an offence within the meaning of "aggravated for the purposes of this section" is an offence where—
(a)  at the time of committing the offence or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based upon the victim's membership or presumed membership of a relevant group as described in subsection (2) above; or
(b)  the offence is motivated (wholly or partially) by hostility against a person based on his membership or presumed membership of such a group.
(4)  In subsection (3) above—
(a)  "membership" in relation to a relevant group includes association with members of that group;
(b)  "presumed" means presumed by the offender.
(5)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (3) above whether or not the offender's hostility is also based, to any extent, on any other factor which does not constitute aggravation for the purposes of this section.
(6)  The maximum sentences provided for in sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) shall apply to all offences specified therein which are aggravated for the purposes of this section, without being confined to racial or religious aggravation; and the powers of arrest contained in section 31 shall also apply."
 

Clause 283

 

THE LORD LLOYD OF BERWICK

Leave out Clause 283
 

Clause 313

 

THE BARONESS SCOTLAND OF ASTHAL

Page 176 leave out line 27 and insert—
 "sections 67 and (Offences in connection with publication restrictions);"
Page 177, line 8, leave out "and 80" and insert "to (Application of Criminal Appeal Acts to proceedings under Part 9)"

 
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24 October 2003