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"."
59Page 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"."
60Page 215, line 4, at end insert—
"(   )      In section 21 (interpretation), in subsection (6)(b), for "committed" there is substituted "sent"."
61Page 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"."
62Page 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."
63Page 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."
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."
69[Re-tabled as amendment 143B]
 

Clause 47

 

THE BARONESS SCOTLAND OF ASTHAL

70Leave out Clause 47
 

Before Clause 48

 

THE LORD KINGSLAND

70A*Insert the following new Clause—
  "Application of Part 8
  Nothing in this Part shall apply to terminating rulings based on the submission of no case to answer."
 

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)
 

Clause 49

 

THE BARONESS SCOTLAND OF ASTHAL

76
1      
Page 34, line 2, leave out from "judge" to end of line 3 and insert "makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.
4(1A)  The prosecution may appeal in respect of the ruling in accordance with this section."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to amendment 76]

77Line 1, at end insert "other than a terminating ruling"
78Line 4, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

79Page 34, line 6, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

80Page 34, line 10, leave out "it requests such an adjournment" and insert "such an adjournment is granted"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

81Page 34, line 12, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

82Page 34, line 13, leave out "must" and insert "may"
83Page 34, line 18, at end insert—
2"(5A)  Where—
(a)  the ruling is a ruling that there is no case to answer, and
(b)  the prosecution, at the same time that it informs the court in accordance with subsection (3) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,
  that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
10  
(5B)  The prosecution may not inform the court in accordance with subsection (3) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in subsection (5C) is fulfilled.
(5C)  Those conditions are—
(a)  that leave to appeal to the Court of Appeal is not obtained, and
(b)  that the appeal is abandoned before it is determined by the Court of Appeal."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to amendment 83]

84Leave out lines 2 to 10
 

THE BARONESS SCOTLAND OF ASTHAL

85Page 34, line 20, after "ruling" insert "mentioned in subsection (1)"
86Page 34, line 24, leave out "and"
87Page 34, line 25, at end insert ", and
(c)  if he does so, any such steps are also to have no effect."
88Page 34, line 25, at end insert—
"(8)  Where the prosecution has informed the court of its agreement under subsection (5B) and either of the conditions mentioned in subsection (5C) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
(9)  In this section "applicable time", in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the start of the judge's summing-up to the jury."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

89Leave out Clause 49
90[Re-tabled as amendment 91A]
 

Clause 50

 

THE LORD ACKNER

91Page 34, line 37, leave out "must" and insert "may"
 

THE BARONESS SCOTLAND OF ASTHAL

91ALeave out Clause 50
 

Clause 51

 

THE BARONESS SCOTLAND OF ASTHAL

92Page 35, line 11, leave out "or 50(2)"
93Page 35, line 12, leave out "against a ruling"
 

Clause 52

 

THE BARONESS SCOTLAND OF ASTHAL

94Page 35, line 24, leave out "or 50(2)"
95Page 35, line 24, leave out "against a ruling"
 

Clause 53

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

96Page 35, line 28, leave out subsection (1) and insert—
"(   )  On an appeal against terminating rulings under this Part, the Court of Appeal may reverse or vary the ruling appealed against where the ruling—
(a)  was wrong in law;
(b)  involved an error of law; or
(c)  was one which no reasonable judge could have reached;and in all other cases the Court must confirm the ruling.
(   )  On appeal against any other ruling under this Part, the Court of Appeal may confirm, reverse or vary the ruling appealed against."
 

THE BARONESS SCOTLAND OF ASTHAL

97Page 35, line 28, leave out "this Part" and insert "section 49"
98Page 35, leave out line 29 and insert "any ruling to which the appeal relates"
99Page 35, line 29, at end insert—
"(1A)  Subsections (2) to (4) apply where the appeal relates to a single ruling."
100Page 35, line 30, leave out "a" and insert "the"
101Page 35, line 32, leave out first "the" and insert "that"
102Page 35, line 32, leave out second "the" and insert "that"
103Page 35, line 33, leave out "a" and insert "the"
104Page 35, line 36, leave out first "the" and insert "that"
105Page 35, line 38, leave out "fresh proceedings may be instituted" and insert "a fresh trial may take place"
106Page 35, line 39, leave out "the" and insert "that"
107Page 35, line 40, leave out second "the" and insert "that"
108Page 35, line 40, leave out third "the" and insert "that"
109Page 36, line 3, at end insert—
"(4A)  Subsections (4B) and (4C) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
(4B)  Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(4C)  Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (3)(a) to (c) (but subject to subsection (4))."
110Page 36, line 4, leave out subsection (5)

 
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30 October 2003