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
THE LORD THOMAS OF GRESFORD

174BLeave out Clause 81
 

Clause 82

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

174CLeave out Clause 82
 

Clause 83

 

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

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
THE LORD THOMAS OF GRESFORD

177Leave out Clause 84
 

Clause 85

 

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

178Leave out Clause 85
 

Clause 86

 

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

179Leave out Clause 86
 

Clause 87

 

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

180Leave out Clause 87
 

Clause 88

 

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

181Leave out Clause 88
 

Clause 89

 

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

182Leave out Clause 89
 

Clause 90

 

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

183Leave out Clause 90
 

Clause 91

 

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

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
THE LORD THOMAS OF GRESFORD

187Leave out Clause 93
 

Clause 94

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

187ALeave out Clause 94
 

Clause 95

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

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
THE LORD THOMAS OF GRESFORD

191ZALeave out Clause 96
 

Clause 97

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

191ALeave out Clause 97
 

Clause 98

 

THE LORD ACKNER

192Leave out Clause 98
 

Clause 99

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

192APage 63, line 18, leave out from ""fear"" to "includes" in line 19
192BPage 63, line 19, leave out "or of financial loss"
 

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"
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

197A*Page 77, line 34, leave out "punishment of offenders" and insert "holding of offenders to account for their offences"
 

Clause 126

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

197B*Page 78, line 35, at end insert—
"(6)  Treatment of previous offending as an aggravating factor under subsection (2) is to be interpreted as permitting the imposition of a more demanding sentence within the band of community or custodial seriousness, but it does not permit—
(a)  a current offence that is, on its own, defined as "not serious enough" to warrant a community disposal to become suitable for a community sentence;
(b)  a current offence that, is, on its own, defined as "serious enough" to warrant a community disposal to become suitable for a custodial sentence;
(c)  a current offence that is already "so serious" or defined in statute as requiring sentencers to pass a custodial sentence to increase the length of the custodial sentence that would otherwise be passed."
 

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

201AInsert 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

201BInsert 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."

 
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©Parliamentary copyright 2003
3 November 2003