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

House of Lords

back to previous amendments

 

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 61

 

THE BARONESS SCOTLAND OF ASTHAL

156Page 41, line 16, leave out "and"
157Page 41, line 17, at end insert ", and
"(   )  any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union relating to the principle of ne bis in idem."
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

157ALeave out Clause 61
 

Clause 62

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

157BLeave out Clause 62
 

Clause 63

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

158Page 41, line 36, at end insert "scientific"
 

THE LORD CLINTON-DAVIS

158A*Page 41, line 38, after "adduced" insert "and could not reasonably have been adduced"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

159Page 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."
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159ALeave out Clause 63
 

Clause 64

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159BLeave out Clause 64
 

Clause 65

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159CLeave out Clause 65
 

Clause 66

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159DLeave out Clause 66
 

Clause 67

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159ELeave out Clause 67
 

After Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

160Insert the following new Clause—
  "Offences in connection with publication restrictions
(1)  This section applies if—
(a)  an order under section 67 is made, whether in England and Wales or Northern Ireland, and
(b)  while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.
(2)  Where the publication is a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical is guilty of an offence.
(3)  Where the publication is a relevant programme—
(a)  any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and
(b)  any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
  is guilty of an offence.
(4)  In the case of any other publication, any person publishing it is guilty of an offence.
(5)  If an offence under this section committed by a body corporate is proved—
(a)  to have been committed with the consent or connivance of, or
(b)  to be attributable to any neglect on the part of,
  an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6)  In subsection (5), "officer" means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(7)  If the affairs of a body corporate are managed by its members, "director" in subsection (6) means a member of that body.
(8)  Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(9)  A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10)  Proceedings for an offence under this section may not be instituted—
(a)  in England and Wales otherwise than by or with the consent of the Attorney General, or
(b)  in Northern Ireland otherwise than by or with the consent of—
(i)  before the relevant date, the Attorney General for Northern Ireland, or
(ii)  on or after the relevant date, the Director of Public Prosecutions for Northern Ireland.
(11)  In subsection (10) "the relevant date" means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force."
 

Clause 68

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

161Page 45, line 1, after "be" insert "for the qualifying offence"
162Page 45, line 17, leave out subsection (5)
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162ALeave out Clause 68
 

Clause 69

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162BLeave out Clause 69
 

Clause 70

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162CLeave out Clause 70
 

Clause 71

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162DLeave out Clause 71
 

Clause 72

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162ELeave out Clause 72
 

Clause 73

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162FLeave out Clause 73
 

Clause 74

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162GLeave out Clause 74
 

Clause 75

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162HLeave out Clause 75
 

Clause 76

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162JLeave out Clause 76
 

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"
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

164ALeave out Clause 77
 

Clause 78

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

164BLeave out Clause 78
 

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),"
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

167ALeave out Clause 79
 

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)"."
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

173ALeave out Clause 80

 
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30 October 2003