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

House of Lords

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Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

163Page 52, line 24, leave out from "(1)," to "may" in line 25 and insert "rules of court"
164Page 52, line 26, leave out "66" and insert "67"
 

Clause 79

 

THE BARONESS SCOTLAND OF ASTHAL

165Page 53, leave out lines 3 and 4
166Page 53, line 9, leave out "1979 Act," and insert "Customs and Excise Management Act 1979 (c. 2),"
167Page 53, line 11, after first ""officer"" insert ", except in section (Offences in connection with publication restrictions),"
 

Clause 80

 

THE BARONESS SCOTLAND OF ASTHAL

168Page 54, line 5, at end insert—
"(   )  In section 67(10) after "enactment" in each place insert "(including any provision of Northern Ireland legislation)"."
169Page 54, line 6, after "68(1)" insert "and (2)"
170Page 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."
171Page 54, line 11, leave out "committed" and insert "returned"
172Page 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.""
173Page 54, line 21, at end insert—
"(   )  In section 77(3) after "enactment" insert "(including any provision of Northern Ireland legislation)"."
 

After Clause 80

 

THE BARONESS SCOTLAND OF ASTHAL

174Insert 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 83

 

THE LORD ACKNER

175Leave out Clause 83
 

Clause 84

 

THE BARONESS ANELAY OF ST JOHNS

176Page 56, line 30, leave out paragraph (d)
 

THE LORD ACKNER

177Leave out Clause 84
 

Clause 85

 

THE LORD ACKNER

178Leave out Clause 85
 

Clause 86

 

THE LORD ACKNER

179Leave out Clause 86
 

Clause 87

 

THE LORD ACKNER

180Leave out Clause 87
 

Clause 88

 

THE LORD ACKNER

181Leave out Clause 88
 

Clause 89

 

THE LORD ACKNER

182Leave out Clause 89
 

Clause 90

 

THE LORD ACKNER

183Leave out Clause 90
 

Clause 91

 

THE LORD ACKNER

184Leave out Clause 91
 

Clause 92

 

THE BARONESS SECCOMBE
THE LORD KINGSLAND

185Page 60, line 11, at end insert "in the following circumstances—
(a)  the prosecution can show continuous or persistent commission of similar offences by the defendant since the time that he first committed them, or
(b)  the defence has introduced evidence of the defendant's experiences before the age of 14."
 

THE LORD ACKNER
THE BARONESS WALMSLEY

186Leave out Clause 92
 

Clause 93

 

THE LORD ACKNER

187Leave out Clause 93
 

Clause 96

 

THE LORD ACKNER

188Page 62, line 9, leave out subsection (2)
 

THE BARONESS SCOTLAND OF ASTHAL

189Page 62, line 10, after "Chapter" insert "(except section 84(3))"
190Page 62, line 13, at end insert—
"(a)  under the rule in section 3 of the Criminal Procedure Act 1865 (c.18) against a party impeaching the credit of his own witness by general evidence of bad character,"
191Page 62, line 15, after "(c. 23)" insert "(restriction on evidence or questions about complainant's sexual history)"
 

Clause 98

 

THE LORD ACKNER

192Leave out Clause 98
 

Clause 99

 

THE LORD ACKNER

193Leave out Clause 99
 

Clause 100

 

THE BARONESS SCOTLAND OF ASTHAL

194Page 64, line 20, leave out from "not" to "or" in line 21 and insert "obtained pursuant to a request under section 7 of the Crime (International Co-operation) Act 2003"
 

Clause 104

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

195Leave out Clause 104
 

Clause 119

 

THE BARONESS SCOTLAND OF ASTHAL

196Page 75, line 1, leave out subsection (2)
 

Clause 125

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

197Page 77, line 32, leave out "must have regard to" and insert "is under a duty to consider"
 

Clause 128

 

THE VISCOUNT COLVILLE OF CULROSS
THE LORD AVEBURY

198Page 79, leave out lines 5 to 7
199Page 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"
200Page 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."
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

201Page 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

202Page 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."

 
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28 October 2003