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Amendments to the Criminal Justice Bill

Criminal Justice Bill


REVISED
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—
Clauses 1 to 11
Schedule 1
Clauses 12 to 26
Schedule 2
Clauses 27 to 39
Schedule 3
Clauses 40 to 60
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 Clause 1

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE BARONESS WALMSLEY

1Insert the following new Clause—
  "Application of Part 1 to under-eighteens
  The provisions of the following sections shall not apply to persons under the age of 18—
(a)  section 4;
(b)  section 6;
(c)  section 8; and
(d)  section 9."
 

After Clause 1

 

THE LORD MARLESFORD

2Insert the following new Clause—
  "Power to search for firearms
  If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange—
(a)  for the area to be sealed off; and
(b)  for the searching for firearms of any people or vehicles in that area, by whatever means he considers appropriate."
 

Clause 2

 

THE BARONESS ANELAY OF ST JOHNS

3Page 2, line 1, leave out "company" and insert "presence"
4Page 2, line 2, at end insert "and only if he has received the appropriate training"
 

Clause 3

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

5Page 2, line 13, leave out from second "of" to end of line 14 and insert "cannabis or cannabis resin"
 

Clause 5

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

6Page 5, line 6, leave out ""14"" and insert ""17""
7Page 5, line 7, leave out paragraph (b)
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

8Page 5, line 8, leave out "17" and insert "18"
9Page 5, line 27, leave out "17" and insert "18"
 

Clause 6

 

THE BARONESS ANELAY OF ST JOHNS

10Page 6, line 2, leave out second "an" and insert "a serious"
11Page 6, line 2, leave out "arrestable offence" and insert "offence which is triable only on indictment"
 

Clause 7

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

11A*Page 6, line 7, leave out from "him)," to end and insert "for the word "shall" there is substituted "may""
11B*Page 6, line 7, at end insert—
"(   )  After subsection (1) of that section there is inserted—
    "(1A)  The custody officer at a police station shall ascertain and record, or cause to be recorded, everything which a person has with him if that person requests him to do so.""
11C*Page 6, line 8, leave out subsection (2) and insert—
"(2)  In subsection (2) of that section (which, in the case of an arrested person, requires the record to be kept as part of his custody record), for the word "shall" substitute "may"."
 

Clause 8

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

12Page 6, line 17, after "offence" insert "and an officer of at least the rank of inspector authorises them to be taken"
 

Clause 9

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

13Page 6, line 39, leave out "two" and insert "three"
14Page 7, line 5, at end insert—
    "(2D)  The third is that an officer of at least the rank of inspector authorises them to be taken.""
 

After Clause 9

 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS

15Insert the following new Clause—
  "Destruction of fingerprints and samples
(1)  Section 64 of the 1984 Act (destruction of fingerprints and samples) is amended as follows.
(2)  In subsection (3), the words ", except as provided in the following provisions of this section," are omitted.
(3)  Subsections (3AA), (3AB) and (3AC) are omitted."
 

Clause 13

 

THE BARONESS SCOTLAND OF ASTHAL

16Page 9, line 39, leave out from "not)" to end of line 40
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

17Leave out Clause 13
 

Clause 14

 

THE BARONESS SCOTLAND OF ASTHAL

18Page 10, line 16, leave out from "custody" to end of line 17
 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

19Page 10, line 16, leave out from "court," to end of line 17 and insert "even if so satisfied, to disregard other considerations for not granting bail"
 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

20Page 10, line 32, at end insert—
    "(   )  The application of sub-paragraph (1) above shall be at the discretion of the court where the defendant is suffering from a mental disorder within the meaning of section 2 of the Mental Health Act 1983 (c. 20) (admission for assessment).""
 

Clause 17

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

21Page 13, line 32, after "imprisonment" insert "for two years or more"
 

Clause 18

 

THE BARONESS SCOTLAND OF ASTHAL

22Page 14, line 46, leave out from "not)" to end of line 47
 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

23Leave out Clause 18
 

Clause 21

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

24Page 16, line 43, leave out paragraphs (a) and (b)
25Page 16, line 43, leave out paragraph (a) and insert—
"(a)  an officer of the rank of chief inspector or above,"
 

Clause 22

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

26Page 17, line 12, after "offender" insert ", having taken or refused to take legal advice,"
27Page 17, line 18, after "that" insert ", after being offered the opportunity of receiving legal advice,"
 

Clause 23

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

28Page 17, line 27, leave out subsection (2)
 

Clause 24

 

THE LORD HODGSON OF ASTLEY ABBOTTS
THE BARONESS ANELAY OF ST JOHNS

29Page 18, line 7, at end insert ", in particular the role of the probation service"
30Page 18, line 7, at end insert ", and
(i)  deciding, having regard to the character and background of the person to be cautioned, the appropriateness of conditions which may be attached"
 

After Clause 24

 

THE BARONESS SCOTLAND OF ASTHAL

31Insert the following new Clause—
  "Assistance of National Probation Service
(1)  Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.
(2)  After subsection (1) there is inserted—
    "(1A)  This Chapter also has effect for the purposes of providing for—
    (a)  authorised persons to be given assistance in determining whether conditional cautions should be given and which conditions to attach to conditional cautions, and
    (b)  the supervision and rehabilitation of persons to whom conditional cautions are given."
(3)  After subsection (3) there is inserted—
    "(4)  In this section "authorised person" and "conditional caution" have the same meaning as in Part 3 of the Criminal Justice Act 2003."
 

Clause 25

 

THE BARONESS SCOTLAND OF ASTHAL

32Page 18, line 28, at end insert—
"(   )  the Attorney General,"
 

Schedule 2

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

32A*Page 181, line 23, after "bail" insert "for a period of not longer than 35 days"
 

Clause 31

 

THE LORD ACKNER

33Leave out Clause 31
 

Clause 32

 

THE LORD ACKNER
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

34Leave out Clause 32
 

Clause 33

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
THE LORD KINGSLAND

35Leave out Clause 33
 

Clause 34

 

THE LORD ACKNER

36Leave out Clause 34
 

Clause 37

 

THE LORD ACKNER

37Leave out Clause 37
 

Clause 38

 

THE BARONESS SCOTLAND OF ASTHAL

38Page 27, line 41, after "officers" insert "and other persons charged with the duty of investigating offences"
39Page 28, line 11, after "officer" insert "or other person charged with the duty of investigating offences"
40Page 28, line 41, leave out "police officer" and insert "person mentioned in subsection (3)"
 

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

41Page 190, line 10, leave out ", (1B)"
42Page 190, line 41, leave out "or (2)"
43Page 197, line 12, leave out "or (2)"
44Page 204, line 20, at end insert ", and
(b)  in paragraph (b), for "subsection (7) of that section" there is substituted "section 51D(1) of this Act"."
45Page 204, line 21, leave out sub-paragraph (3) and insert—
"(   )      In paragraph 2—
(a)  in sub-paragraph (1)—
(i)  after "51" there is inserted "or 51A",
(ii)  for ""subsection (7) of that section" there is substituted "section 51D(1) of this Act",
(b)  sub-paragraphs (4) and (5) are omitted.
(   )      In paragraph 4, in sub-paragraph (1)(a), after "51" there is inserted "or 51A".
(   )      In paragraph 5, in sub-paragraph (2), after "51" there is inserted "or 51A".
(   )      Paragraph 6 is amended as follows—
(a)  in sub-paragraph (1), after "51" there is inserted "or 51A",
(b)  in sub-paragraph (2), for the words from the second "offence" to the end there is substituted "indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent", and
(c)  in sub-paragraph (9), for "indictable-only" there is substituted "indictable"."
46Page 204, line 25, at end insert—
"(   )  in sub-paragraph (3), after "each" there is inserted "remaining","
47Page 205, line 3, at end insert—
"(   )  in sub-paragraph (2)(a), after "each" there is inserted "remaining","
48Page 208, line 28, leave out "or (2)"
49Page 210, line 17, leave out "or (2)"
50Page 212, line 5, at end insert—

 
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©Parliamentary copyright 2003
29 October 2003