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

House of Lords

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Clause 81

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

174BLeave out Clause 81
 

Clause 82

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

174CLeave out Clause 82
 

Clause 83

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

175Leave out Clause 83
 

Clause 84

 

THE BARONESS ANELAY OF ST JOHNS

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

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

177Leave out Clause 84
 

Clause 85

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

178Leave out Clause 85
 

Clause 86

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

179Leave out Clause 86
 

Clause 87

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

180Leave out Clause 87
 

Clause 88

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

181Leave out Clause 88
 

Clause 89

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

182Leave out Clause 89
 

Clause 90

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

183Leave out Clause 90
 

Clause 91

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

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
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

186Leave out Clause 92
 

Clause 93

 

THE LORD ACKNER
THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

187Leave out Clause 93
 

Clause 94

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

187ALeave out Clause 94
 

Clause 95

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

187BLeave out Clause 95
 

Clause 96

 

187C[Re-tabled as amendment 191ZA]
 

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)"
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

191ZALeave out Clause 96
 

Clause 97

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

191ALeave out Clause 97
 

Clause 98

 

THE LORD ACKNER

192Leave out Clause 98
 

Clause 99

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

192A*Page 63, line 18, leave out from ""fear"" to "includes" in line 19
192B*Page 63, line 19, leave out from "person" to end of line 20
 

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."
 

After Clause 128

 

THE BARONESS SCOTLAND OF ASTHAL

201A*Insert the following new Clause—
  "Increase in sentence for offence aggravated by reference to disability or sexual orientation
(1)  This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2)  Those circumstances are—
(a)  that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
(i)  the sexual orientation (or presumed sexual orientation) of the victim, or
(ii)  a disability (or presumed disability) of the victim, or
(b)  that the offence is motivated (wholly or partly)—
(i)  by hostility towards persons who are of a particular sexual orientation, or
(ii)  by hostility towards persons who have a disability or a particular disability.
(3)  The court—
(a)  must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and
(b)  must state in open court that the offence was committed in such circumstances.
(4)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5)  In this section "disability" means any physical or mental impairment."
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

201B*Insert the following new Clause—
  "Increase in sentences for hate crimes
(1)  In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court—
(a)  must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)  must state in open court that the offence was so aggravated.
(2)  An offence is to be considered a hate crime for the purposes of this section if—
(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 in the victim's actual or perceived race, religion, gender, disability or sexual orientation; or
(b)  the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.
(3)  In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
 

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."
 

Clause 137

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

203Page 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."
 

Clause 138

 

THE BARONESS SCOTLAND OF ASTHAL

203APage 83, line 12, leave out from "18" to first "the" in line 14
 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA
THE BARONESS SCOTLAND OF ASTHAL

204Page 83, line 33, leave out from "18" to first "the" in line 35

 
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©Parliamentary copyright 2003
30 October 2003