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

House of Lords

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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—
 

"SCHEDULE 4
QUALIFYING OFFENCES FOR PURPOSES OF PART 10
PART 1
LIST OF OFFENCES FOR ENGLAND AND WALES

 

Murder

 1      Murder.
 

Soliciting murder

 2      An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (conspiring or soliciting to commit murder).
 

Genocide, crimes against humanity and war crimes

 3      An offence under section 51 (genocide, crimes against humanity and war crimes) or 52 (conduct ancillary to genocide, etc committed outside jurisdiction) of the International Criminal Court Act 2001 (c. 17).
 

PART 2
LIST OF OFFENCES FOR NORTHERN IRELAND

 

Murder

 4      Murder.
 

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

157A*Leave out Clause 61
 

Clause 62

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

157B*Leave out Clause 62
 

Clause 63

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

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

159A*Leave out Clause 63
 

Clause 64

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159B*Leave out Clause 64
 

Clause 65

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159C*Leave out Clause 65
 

Clause 66

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159D*Leave out Clause 66
 

Clause 67

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

159E*Leave 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

162A*Leave out Clause 68
 

Clause 69

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162B*Leave out Clause 69
 

Clause 70

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162C*Leave out Clause 70
 

Clause 71

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162D*Leave out Clause 71
 

Clause 72

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162E*Leave out Clause 72
 

Clause 73

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162F*Leave out Clause 73
 

Clause 74

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162G*Leave out Clause 74
 

Clause 75

 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

162H*Leave out Clause 75

 
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29 October 2003