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Amendments to the Criminal Justice Bill

Criminal Justice Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 13

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Leave out Clause 13
 

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

Page 190, line 10, leave out ", (1B)"
Page 190, line 41, leave out "or (2)"
Page 197, line 12, leave out "or (2)"
Page 204, line 20, at end insert ", and
(b)  in paragraph (b), for "subsection (7) of that section" there is substituted "section 51D(1) of this Act"."
Page 204, line 21, leave out sub-paragraph (3) and insert—
"(   )      In paragraph 2—
(a)  in sub-paragraph (1)—
(i)  after "51" there is inserted "or 51A",
(ii)  for ""subsection (7) of that section" there is substituted "section 51D(1) of this Act",
(b)  sub-paragraphs (4) and (5) are omitted.
(   )      In paragraph 4, in sub-paragraph (1)(a), after "51" there is inserted "or 51A".
(   )      In paragraph 5, in sub-paragraph (2), after "51" there is inserted "or 51A".
(   )      Paragraph 6 is amended as follows—
(a)  in sub-paragraph (1), after "51" there is inserted "or 51A",
(b)  in sub-paragraph (2), for the words from the second "offence" to the end there is substituted "indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent", and
(c)  in sub-paragraph (9), for "indictable-only" there is substituted "indictable"."
Page 204, line 25, at end insert—
"(   )  in sub-paragraph (3), after "each" there is inserted "remaining","
Page 205, line 3, at end insert—
"(   )  in sub-paragraph (2)(a), after "each" there is inserted "remaining","
Page 208, line 28, leave out "or (2)"
Page 210, line 17, leave out "or (2)"
Page 212, line 5, at end insert—
 

"Territorial Waters Jurisdiction Act 1878 (c. 73)

      In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning "Proceedings before a justice of the peace", for the words from the beginning to "his trial" there is substituted—
          "Any stage of proceedings—
    (a)  before the summary trial of the offence; or
    (b)  before the offender has been sent for trial for the offence,".
 

Bankers' Books Evidence Act 1879 (c. 11)

(1)      The Bankers' Books Evidence Act 1879 is amended as follows.
(2)      In section 4 (proof that book is a banker's book), the paragraph beginning "Where the proceedings" is omitted.
(3)      In section 5 (verification of copy), the paragraph beginning "Where the proceedings" is omitted.
 

Explosive Substances Act 1883 (c. 3)

      In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted.
 

Criminal Justice Act 1925 (c. 86)

      In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted.
 

Children and Young Persons Act 1933 (c. 12)

      In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for "committed" in both places there is substituted "sent"."
Page 212, line 27, at end insert—
 

"Criminal Justice Act 1948 (c. 58)

(1)      The Criminal Justice Act 1948 is amended as follows.
(2)      In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for "commits him for trial or" there is substituted "sends him to the Crown Court for trial or commits him there for".
(3)      In section 41 (evidence by certificate), subsection (5A) is omitted.
(4)      In section 80 (interpretation), the definition of "Court of summary jurisdiction" is omitted.
 

Prison Act 1952 (c. 52)

      Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial.
 

Geneva Conventions Act 1957(c. 52)

      In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—
(a)  in subsection (1), for "committal" there is substituted "having been sent",
(b)  in subsection (2), for "committal", where it first appears, there is substituted "having been sent".
 

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)

      In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)—
(a)  the words "and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)" are omitted, and
(b)  for "it had determined not to commit for trial" there is substituted "the offence were to be dealt with summarily and the court had dismissed the information".
 

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)

      In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)—
(a)  for subsection (4) there is substituted—
    "(4)  Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence.", and
(b)  subsection (5) is omitted."
Page 213, line 7, at end insert—
 

"Bail Act 1976 (c. 63)

(1)      The Bail Act 1976 is amended as follows.
(2)      In section 3 (general provisions)—
(a)  in subsection (8)—
(i)  for "committed" there is substituted "sent", and
(ii)  after "for trial or" there is inserted "committed him on bail to the Crown Court", and
(b)  subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted.
(3)      In section 5 (supplementary provisions about decisions on bail)—
(a)  in subsection (6)(a), for "committing" there is substituted "sending", and
(b)  in subsection (6A)(a)—
(i)  for "any" there is substituted "either", and
(ii)  sub-paragraph (i) is omitted.
(4)      In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for "commits" there is substituted "sends".
(5)      In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for "commits" there is substituted "sends"."
Page 213, line 15, at end insert—
 

"Customs and Excise Management Act 1979 (c. 2)

      In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted."
Page 213, line 17, at end insert—
"(   )      In section 2 (jurisdiction to deal with charges)—
(a)  in subsection (3), for "as examining justices over" there is substituted "under sections 51 and 51A of the Crime and Disorder Act 1998 ("the sending provisions") in respect of",
(b)  in subsection (4), for "as examining justices" there is substituted "under the sending provisions", and
(c)  in subsection (5), , for "as examining justices" there is substituted "under the sending provisions"."
Page 213, line 29, at end insert—
"(   )      In section 128 (remand in custody or on bail)—
(a)  in subsection (1)(b), the words "inquiring into or" are omitted,
(b)  in subsection (1A)(a)—
(i)  "5," is omitted, and
(ii)  for "or 18(4)" there is substituted ", 18(4) or 24C",
(c)  in subsection (3A)—
(i)  "5," is omitted, and
(ii)  for "or 18(4)" there is substituted ", 18(4) or 24C",
(d)  in subsection (3C)(a)—
(i)  "5," is omitted, and
(ii)  for "or 18(4)" there is substituted ", 18(4) or 24C", and
(e)  in subsection (3E)(a)—
(i)  "5," is omitted, and
(ii)  for "or 18(4)" there is substituted ", 18(4) or 24C".
(   )      In section 129 (further remand), in subsection (4)—
(a)  for "commits a person" there is substituted "sends a person to the Crown Court", and
(b)  for "committed" there is substituted "sent".
(   )      In section 130 (transfer of remand hearings), in subsection (1)—
(a)  "5," is omitted, and
(b)  for "or 18(4)" there is substituted ", 18(4) or 24C".
(   )      In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted."
Page 213, line 33, at end insert—
"(   )      In Schedule 3 (corporations)—
(a)  in paragraph 2, sub-paragraph (a) is omitted,
(b)  in paragraph 6, for "inquiry into, and trial of," there is substituted "trial of".
(   )      In Schedule 5 (transfer of remand hearings)—
(a)  paragraph 2 is omitted, and
(b)  in paragraph 5, for "5, 10 or 18(4)" there is substituted "10, 17C, 18(4) or 24C"."
Page 213, line 33, at end insert—
 

"Criminal Attempts Act 1981 (c. 47)

      In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words "or committed for trial" are omitted.
 

Contempt of Court Act 1981 (c. 49)

      In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted—
    "(b)  in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 ("the 1998 Act"), if published as soon as practicable after publication is so permitted;
    (c)  in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted.""
Page 214, line 28, at end insert—

 
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©Parliamentary copyright 2003
27 October 2003