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

House of Lords

back to previous amendments

 

"Mental Health Act 1983 (c. 20)

(1)      The Mental Health Act 1983 is amended as follows.
(2)      In section 52 (further provisions as to persons remanded by magistrates' courts)—
(a)  in subsection (2), for "committed" there is substituted "sent",
(b)  in subsection (5), for "committed" there is substituted "sent", and
(c)  in subsection (6), for "committed" there is substituted "sent"."
Page 214, line 30, at end insert—
"(   )      In section 62 (intimate samples), in subsection (10)—
(a)  sub-paragraph (i) of paragraph (a) is omitted, and
(b)  in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted "paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and"."
Page 215, line 4, at end insert—
"(   )      In section 21 (interpretation), in subsection (6)(b), for "committed" there is substituted "sent"."
Page 215, line 42, at end insert—
 

"Coroners Act 1988 (c. 13)

(1)      The Coroners Act 1988 is amended as follows.
(2)      In section 16 (adjournment of inquest in event of criminal proceedings)—
(a)  in subsection (1)(b), for "charged before examining justices with" there is substituted "sent for trial for", and
(b)  for subsection (8) there is substituted—
    "(8)      In this section, the "relevant criminal proceedings" means the proceedings—
    (a)  before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or
    (b)  before any court to which that person is sent for trial."
(3)      In section 17 (provisions supplementary to section 16)—
(a)  in subsection (2), for "committed" there is substituted "sent", and
(b)  in subsection (3)(b), for "committed" there is substituted "sent"."
Page 215, line 44, at end insert—
"(   )      In section 23 (first-hand hearsay), subsection (5) is omitted.
(   )      In section 24 (business etc documents), subsection (5) is omitted.
(   )      In section 26 (statements in certain documents), the paragraph beginning "This section shall not apply" is omitted.
(   )      In section 27 (proof of statements contained in documents), the paragraph beginning "This section shall not apply" is omitted."
Page 216, line 7, at end insert—
 

"Road Traffic Offenders Act 1988 (c. 53)

(1)      The Road Traffic Offenders Act 1988 is amended as follows.
(2)      In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted.
(3)      In section 13 (admissibility of records as evidence), subsection (7) is omitted.
(4)      In section 16 (documentary evidence as to specimens), subsection (6A) is omitted.
(5)      In section 20 (speeding offences etc), subsection (8A) is omitted."
Page 216, line 42, at end insert—
"(   )      In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted—
    "(b)  the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),"
Page 217, line 14, at end insert—
"(   )  in subsection (3), after "51" there is inserted "or 51A","
Page 218, line 9, at end insert—
      "In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of "the relevant date" there is substituted—
     ""the relevant date" means the expiry of the period referred to in paragraph 1(1) above."
Page 218, line 18, at end insert—
"(   )      In section 8 (power and duty to remit young offenders to youth courts for sentence), in subsection (2), for paragraph (a) there is substituted—
    "(a)  if the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, to a youth court acting for the place where he was sent to the Crown Court for trial;".
(   )      In section 89 (restriction on imposing imprisonment), in subsection (2)—
(a)  in paragraph (b), the words "trial or" are omitted, and
(b)  in paragraph (c), after "51" there is inserted "or 51A".
( )      In section 140 (enforcement of fines etc), in subsection (1)(b)—
(a)  the words "was committed to the Crown Court to be tried or dealt with or by which he" are omitted, and
(b)  after "51" there is inserted "or 51A"."
Page 218, line 23, at end insert—
"(   )      In Schedule 11, paragraph 9 is omitted."
 

Clause 48

 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to the first amendment to Clause 48 printed on sheet HL Bill 111(d)]

Line 2, leave out "is" and insert "and defence are"
Line 4, leave out "the prosecution is" and insert "they are"
 

Clause 49

 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to the first amendment to Clause 49 printed on sheet HL Bill 111(d)]

Line 1, at end insert "other than a terminating ruling"
Line 4, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 34, line 6, after "prosecution" insert "or defence"
Page 34, line 12, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to the fourth amendment to Clause 49 printed on sheet HL Bill 111(d)]

Leave out lines 2 to 10
 

After Clause 53

 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to the amendment to insert new Clause (Appeals in respect of evidentiary rulings)
printed on sheet HL Bill 111(d)]

Line 3, after "prosecution" insert "or defence"
Line 12, after "prosecution" insert "or defence"
Line 15, after "prosecution" insert "or defence"
Line 18, after "prosecution" insert "or defence"
Line 27, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to the amendment to insert a new Clause (Condition that evidentiary ruling
significantly weakens prosecution case) printed on Sheet HL Bill 111(d)]

Line 8, after "case" insert "or the defence case"
Line 12, after "case" insert "or the defence case"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to the amendment to insert a new Clause (Expedited and non-expedited appeals)
printed on sheet HL Bill 111(d)]

Line 3, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to the amendment to insert a new Clause (Continuation of proceedings for
offences not affected by ruling) printed on sheet HL Bill 111(d)]

Line 3, after "prosecution" insert "or defence"
 

Schedule 4

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Leave out Schedule 4 and insert the following new Schedule—
 

"SCHEDULE 4
QUALIFYING OFFENCES FOR PURPOSE OF PART 10
PART 1
LIST OF OFFENCES FOR ENGLAND AND WALES

 

Murder

 1      Murder.
 

Soliciting murder

 2      An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (conspiring or soliciting to commit murder).
 

Genocide, crimes against humanity and war crimes

 3      An offence under section 51 (genocide, crimes against humanity and war crimes) or 52 (conduct ancillary to genocide, etc committed outside jurisdiction) of the International Criminal Court Act 2001 (c. 17).
 

PART 2
LIST OF OFFENCES FOR NORTHERN IRELAND

 

Murder

 4      Murder.
 

Soliciting murder

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

Genocide, crimes against humanity and war crimes

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

PART 3
SUPPLEMENTARY

 7      A reference in this Schedule to an enactment includes a reference to the enactment as enacted and as amended from time to time."
 

Clause 63

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 41, line 36, at end insert "scientific"
Page 41, line 40, at end insert—
"(   )  Subsection (2) does not apply to evidence which was discoverable by reasonable and diligent inquiry before or at the proceedings in which the person was acquitted."
 

Clause 68

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

Page 45, line 1, after "be" insert "for the qualifying offence"
Page 45, line 17, leave out subsection (5)
 

Clause 128

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

Page 79, line 13, at end insert—
"(4)  The Secretary of State will collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."
 

Clause 136

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 82, line 21, at end insert—
"(8)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."
 

Clause 137

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

Page 82, line 28, at end insert—
"(5)  This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."
 

Schedule 33

 

THE BARONESS SCOTLAND OF ASTHAL

Page 390, line 30, at end insert—
 

ALLOCATION AND SENDING OF OFFENCES

 
  Short title and chapterExtent of repeal
 
  Bankers' Books Evidence Act 1879 (c. 11)In section 4, the paragraph beginning "Where the proceedings".
  In section 5, the paragraph beginning "Where the proceedings".
  Explosive Substances Act 1883 (c. 3)Section 6(3).
  Criminal Justice Act 1925(c. 86)Section 49(2).
  Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)In section 2(2), paragraphs (aa) to (ac), paragraphs (iA) and (iB), and the words from "and in paragraph (iA)" to the end.
  Criminal Justice Act 1948 (c. 58)Section 41(5A).
  In section 80, the definition of "Court of summary jurisdiction".
  Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)In the Schedule, in paragraph 4, the words "and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)".
  Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)Section 2(5).
  Criminal Justice Act 1967(c. 80)In section 9(1), the words ", other than committal proceedings".
  In section 36(1), the definition of "committal proceedings".
  Criminal Appeal Act 1968(c. 19)In section 9(2), the words from "section 41" to "either way offence".
  Theft Act 1968 (c. 60)Section 27(4A).
  Criminal Justice Act 1972(c. 71)In section 46, subsections (1A) to (1C).
  Bail Act 1976 (c. 63)In section 3, 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.
  Section 5(6A)(a)(i).
  Interpretation Act 1978 (c. 30)In Schedule 1, in the definition of "Committed for trial", paragraph (a).
  Customs and Excise Management Act 1979 (c. 2)Section 147(2).
  Magistrates' Courts Act 1980 (c. 43) Sections 4 to 8, and the cross-heading preceding section 4.
  Section 24(1A) and (2).
  In section 25, subsections (3) to (8).
  In section 33(1), paragraph (b) and the word "and" immediately preceding it.
  Section 42.
  Section 97A.
  Section 103.
  Section 106.
  In section 128, in subsection (1)(b), the words "inquiring into or", and in each of subsections (1A)(a), (3A), (3C)(a) and (3E)(a), the word "5,".
  In section 130(1), the word "5,".
  Section 145(1)(f).
  In section 150(1), the definition of "committal proceedings".
  In section 155(2)(a), the words "8 (except subsection (9))".
  In Schedule 3, paragraph 2(a).
  In Schedule 5, paragraph 2.
  Criminal Attempts Act 1981 (c. 47)In section 2(2)(g), the words "or committed for trial".
  Supreme Court Act 1981 (c. 54)Section 76(5).
  Section 77(4).
  In section 81—      (a)   
  Police and Criminal Evidence Act 1984 (c. 60)Section 62(10)(a)(i).the paragraph beginning "Where the proceedings".
  Section 76(9).
  Section 78(3).
  Prosecution of Offences Act 1985 (c. 23)In section 16, subsections (1)(b), (2)(aa) and (12).
  In section 23A(1)(b), the words from "under" to "1998".
  Criminal Justice Act 1987 (c. 38)Sections 4 to 6.
  In section 11—      (a)   subsection (2)(a),      (b)   subsection (3),      (c)   in subsection (7), the word "(3),",      (d)   in subsection (8), the word "(3),",      (e)   subsections (9) and (10),      (f)   in subsection (11), paragraphs (a) and (d).
  Criminal Justice Act 1988 (c. 33)Section 23(5).
  Section 24(5).
  In section 26, the paragraph beginning "This section shall not apply".
  In section 27, the paragraph beginning "This section shall not apply".
  Section 30(4A).
  In section 40(1), the words "were disclosed to a magistrates' court inquiring into the offence as examining justices or".
  Section 41.
  Road Traffic Offenders Act 1988 (c. 53)Section 11(3A).
  Section 16(6A).
  Section 20(8A).
  Criminal Justice Act 1991(c. 53)Section 53.
  Criminal Justice and Public Order Act 1994 (c. 33)Section 34(2)(a).
  Section 37(2)(a).
  Criminal Procedure and Investigations Act 1996(c. 25)In section 1(2), paragraphs (a) to (c) and, in paragraph (cc), the words from "under" to the end.
  In section 5, subsections (2) and (3).
  In section 13(1), paragraphs (a) to (c) of the modified section 3(8).
  Section 28(1)(b).
  Section 68.
  Schedule 2.
  Crime and Disorder Act 1998 (c. 37)In section 50(1), the words "unless the accused falls to be dealt with under section 51 below".
  In Schedule 3, in paragraph 2, sub-paragraphs (4) and (5), paragraph 12, and in paragraph 13(2), the words from "unless" to the end.
  Youth Justice and Criminal Evidence Act 1999 (c. 23)Section 27(10).
  In section 42(3), paragraphs (a) and (b).
  Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In section 89(2)(b), the words "trial or".section 140(1)(b), the words "was committed to the Crown Court to be tried or dealt with or by which he".
  In Schedule 11, paragraph 9."
 

THE LORD ARCHER OF SANDWELL

Page 404, line 13, column 2, leave out "Section 42"

 
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27 October 2003