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

House of Lords

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"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."
64Page 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)),"
65Page 217, line 14, at end insert—
"(   )  in subsection (3), after "51" there is inserted "or 51A","
66Page 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."
67Page 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"."
68Page 218, line 23, at end insert—
"(   )      In Schedule 11, paragraph 9 is omitted."
 

After Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

69Insert the following new Schedule—
 

"SCHEDULE
QUALIFYING OFFENCES FOR PURPOSES OF SECTION
(APPEALS IN RESPECT OF EVIDENTIARY RULINGS)
PART 1
LIST OF OFFENCES
OFFENCES AGAINST THE PERSON

 

Murder

 1      Murder.
 

Attempted murder

 2      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.
 

Soliciting murder

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

Manslaughter

 4      Manslaughter.
 

Wounding or causing grievous bodily harm with intent

 5      An offence under section 18 of the Offences against the Person Act 1861 (c. 100).
 

Kidnapping

 6      Kidnapping.
 

SEXUAL OFFENCES

 

Rape

 7      An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.
 

Attempted Rape

 8      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.
 

Intercourse with a girl under thirteen

 9      An offence under section 5 of the Sexual Offences Act 1956 (c. 69).
 

Incest by a man with a girl under thirteen

 10      An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to have been committed with a girl under thirteen.
 

Assault by penetration

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

Causing a person to engage in sexual activity without consent

 12      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 thirteen

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

Attempted rape of a child under thirteen

 14      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 thirteen by penetration

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

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

 16      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

 17      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

 18      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.
 

DRUGS OFFENCES

 

Unlawful importation of Class A drug

 19      An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Unlawful exportation of Class A drug

 20      An offence under section 68(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Fraudulent evasion in respect of Class A drug

 21      An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
 

Producing or being concerned in production of Class A drug

 22      An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

Supplying or offering to supply Class A drug

 23      An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

THEFT OFFENCES

 

Robbery

 24      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).
 

CRIMINAL DAMAGE OFFENCES

 

Arson endangering life

 25      An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.
 

Causing explosion likely to endanger life or property

 26      An offence under section 2 of the Explosive Substances Act 1883 (c. 3).
 

Intent or conspiracy to cause explosion likely to endanger life or property

 27      An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3).
 

WAR CRIMES AND TERRORISM

 

Genocide, crimes against humanity and war crimes

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

Grave breaches of the Geneva Conventions

 29      An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
 

Directing terrorist organisation

 30      An offence under section 56 of the Terrorism Act 2000 (c. 11).
 

Hostage-taking

 31      An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
 

HIJACKING AND OTHER OFFENCES RELATING TO AVIATION, MARITIME AND RAIL SECURITY

 

Hijacking of aircraft

 32      An offence under section 1 of the Aviation Security Act 1982 (c. 36).
 

Destroying, damaging or endangering the safety of an aircraft

 33      An offence under section 2 of the Aviation Security Act 1982 (c. 36).
 

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

 40      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.
 41      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."
 

Clause 47

 

THE BARONESS SCOTLAND OF ASTHAL

70Leave out Clause 47
 

Clause 48

 

THE BARONESS SCOTLAND OF ASTHAL

71Page 33, line 13, leave out subsections (1) to (4) and insert—
2"(1)  In relation to a trial on indictment, the prosecution is to have the rights of appeal for which provision is made by this Part.
4(2)  But the prosecution is to have no right of appeal under this Part in respect of—
(a)  a ruling that a jury be discharged, or
(b)  a ruling from which an appeal lies to the Court of Appeal by virtue of any other enactment."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to amendment 71]

72Line 2, leave out "is" and insert "and defence are"
73Line 4, leave out "the prosecution is" and insert "they are"
 

THE BARONESS SCOTLAND OF ASTHAL

74Page 33, line 31, leave out "who made the ruling or"
75Page 33, line 33, leave out subsections (7) and (8)

 
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28 October 2003