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Amendments to the Criminal Justice Bill

Criminal Justice Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

      The amendments have been marshalled in accordance with the Order of 23rd October 2003, as follows—
Schedule 4
Clauses 61 to 97
Schedule 5
Clauses 98 to 118
Schedule 6
Clauses 119 to 161
Schedule 7
Clause 162
Schedule 8
Clauses 163 to 169
Schedule 9
Clause 170
Schedule 10
Clauses 171 to 175
Schedule 11
Clause 176
Schedule 12
Clauses 177 to 201
Schedule 13
Clauses 202 to 206
Schedule 14
Clauses 207 to 211
Schedules 15 and 16
Clause 212
Schedule 17
Clauses 213 to 221
Schedule 18
Clauses 222 to 247
Schedule 19
Clauses 248 to 254
Schedule 20
Clauses 255 and 256
Schedule 21
Clause 257
Schedule 22
Clause 258
Schedules 23 and 24
Clauses 259 to 261
Schedule 25
Clause 262
Schedule 26
Clauses 263 to 276
Schedule 27
Clauses 277 to 280
Schedule 28
Clauses 281 to 298
Schedule 29
Clauses 299 to 301
Schedule 30
Clauses 302 to 305
Schedule 31
Clauses 306 and 307
Schedule 32
Clause 308
Schedule 33
Clause 309
Schedule 34
Clauses 310 to 314

[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

143BInsert 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."
 

Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

144Page 219, line 7, leave out paragraph 5
145Page 219, line 13, leave out "or 2"
146Page 219, line 17, leave out "or 2"
147Page 219, line 22, at end insert—
 

"Assault by penetration

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

Causing a person to engage in sexual activity without consent

      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 13

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

Attempted rape of a child under 13

      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 13 by penetration

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

Causing or inciting a child under 13 to engage in sexual activity

      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

      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

      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."
148Page 220, line 10, leave out paragraph 15
149Page 220, line 15, leave out paragraph 16
150Page 221, line 7, leave out paragraphs 24 to 30
151Page 222, line 15, leave out paragraph 36
152Page 223, line 19, leave out paragraph 46
153Page 223, line 24, leave out paragraph 47
154Page 224, line 15, leave out paragraphs 55 to 61
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

155Leave out Schedule 4 and insert the following new Schedule—

 
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©Parliamentary copyright 2003
3 November 2003