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

House of Lords

back to previous amendments

 

Schedule 28

 

THE BARONESS SCOTLAND OF ASTHAL

236G*Page 328, leave out lines 27 to 31
236H*Page 331, line 37, at end insert—
 

"Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

 30A      In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (ineligibility for and disqualification and excusal from jury service), in Part 2, in paragraph (bb), for sub-paragraph (v) there is substituted—
    "(v)  a community order within the meaning of section 159 of the Criminal Justice Act 2003;
    (va)  a youth community order as defined by section 33 of the Powers of Criminal Courts (Sentencing) Act 2000;"."
236J*Page 334, line 43, at end insert—
 

"Firearms (Amendment) Act 1988 (c. 45)

 46A      The Firearms (Amendment) Act 1988 is amended as follows.
 46B      In section 1 (prohibited weapons and ammunition), in subsection (4A) after paragraph (b) there is inserted—
    "(bb)  may amend subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period) so as to include a reference to any provision added by the order to section 5(1) of the principal Act,
    (bc)  may amend section 50(5A)(a), 68(4A)(a) or 170(4A)(a) of the Customs and Excise Management Act 1979 (offences relating to improper importation or exportation) so as to include a reference to anything added by the order to section 5(1) of the principal Act,".
 46C      In section 27(4) (which relates to Northern Ireland), after "Except for" there is inserted "section 1, so far as enabling provision to be made amending the Customs and Excise Management Act 1979, and".
236K*Page 337, line 20, at end insert—
"(aa)      after subsection (1) there is inserted—
    "(1AA)      This Part of this Act, except section 2(9), applies also to a transferred life prisoner—
    (a)  who is transferred from England and Wales on or after the date on which section 247 of the Criminal Justice Act 2003 comes into force,
    (b)  in relation to whom paragraph 3 of Schedule 20 to that Act applies by virtue of paragraph 2(a) of that Schedule, but
    (c)  in respect of whom, under the paragraph so applying, no order has been made,
      as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule."; and"
236L*Page 338, line 6, at end insert—
"(1A)      In subsection (1), the words after paragraph (b) are omitted."
236M*Page 338, line 12, at end insert—
"(2A)      In subsection (3), the words "or to vary" to "one hundred" are omitted."
236N*Page 338, line 24, at end insert—
"(3A)      After subsection (4) there is inserted—
    "(4A)      A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 159 of the Criminal Justice Act 2003.""
236P*Page 338, line 27, leave out from "made" to end of line and insert "by a magistrates' court under section 159 of that Act and imposing the requirements specified under subsection (4A) above"
236Q*Page 338, line 28, leave out sub-paragraph (5) and insert—
"(5)      For subsection (6) there is substituted—
    "(6)      In its application to a probation order made or amended under this section, Schedule 7 to the Criminal Justice Act 2003 has effect subject to the following modifications—
    (a)  any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
    (b)  in paragraph 9—
    (i)  paragraphs (b) and (c) of sub-paragraph (1) are omitted,
    (ii)  in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and
    (iii)  any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and
    (c)  Parts 3 and 5 are omitted.""
236R*Page 339, line 43, leave out from beginning to "in" in line 44 and insert—
 "69A      The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
 69B      In Article 2 (interpretation) after paragraph (8) there is inserted—
    "(9)      For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned."
 69C      In Article 4 (absolute and conditional discharge), in paragraph (1), for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 69D      In Article 10 (probation orders), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70   (1)   Article 13 (community service orders) is amended as follows.
(2)      In paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
236S*Page 339, line 48, at end insert—
 "70A      In Article 15 (orders combining probation and community service), in paragraph (1) for "(not being an offence for which the sentence is fixed by law)" there is substituted "(not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981)".
 70B      In Article 19 (restrictions on imposing custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70C      In Article 20 (length of custodial sentences), at the end of paragraph (1) there is inserted "or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981".
 70D      In Article 24 (custody probation orders), in paragraph (1) for "other than one fixed by law" there is substituted ", other than an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981,".
236T*Page 342, line 20, leave out paragraph 76
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

237Page 345, line 13, leave out sub-paragraph (2)
 

THE BARONESS SCOTLAND OF ASTHAL

237A*Page 360, line 12, at end insert—
 

"Sexual Offences Act 2003

 129A      The Sexual Offences Act 2003 is amended as follows.
 129B      In section 131 (application of Part 2 to young offenders), after paragraph (j) there is inserted—
    "(k)  a sentence of detention for public protection under section 208 of the Criminal Justice Act 2003,
    (l)  an extended sentence under section 210 of that Act,".
 129C      In section 133 (general interpretation), at the end of paragraph (a) of the definition of "community order" there is inserted "(as that Act had effect before the passing of the Criminal Justice Act 2003)"."
 

Clause 283

 

THE LORD LLOYD OF BERWICK

238Leave out Clause 283
 

Clause 304

 

THE BARONESS SCOTLAND OF ASTHAL

238A*Page 172, line 17, leave out "Part 1 of the Sex Offenders Act 1997" and insert "Part 2 of the Sexual Offences Act 2003"
 

Schedule 32

 

THE BARONESS SCOTLAND OF ASTHAL

239Page 377, line 2, leave out paragraph 11
240Page 378, line 20, at end insert—
 

"Crime (International Co-operation) Act 2003

 16A      After section 4 of the Crime (International Co-operation) Act 2003 there is inserted—
    "4AGeneral requirements for service of written charge or requisition
    (1)      This section applies to the following documents issued for the purposes of criminal proceedings in England and Wales by a prosecutor—
    (a)  a written charge (within the meaning of section 27 of the Criminal Justice Act 2003),
    (b)  a requisition (within the meaning of that section).
    (2)      The written charge or requisition may be issued in spite of the fact that the person on whom it is to be served is outside the United Kingdom.
    (3)      Where the written charge or requisition is to be served outside the United Kingdom and the prosecutor believes that the person on whom it is to be served does not understand English, the written charge or requisition must be accompanied by a translation of it in an appropriate language.
    (4)      A written charge or requisition served outside the United Kingdom must be accompanied by a notice giving any information required to be given by rules of court.
    (5)      If a requisition is served outside the United Kingdom, no obligation under the law of England and Wales to comply with the requisition is imposed by virtue of the service.
    (6)      Accordingly, failure to comply with the requisition is not a ground for issuing a warrant to secure the attendance of the person in question.
    (7)      But the requisition may subsequently be served on the person in question in the United Kingdom (with the usual consequences for non-compliance).
    4BService of written charge or requisition otherwise than by post
    (1)      A written charge or requisition to which section 4A applies may, instead of being served by post, be served on a person outside the United Kingdom in accordance with arrangements made by the Secretary of State.
    (2)      But where the person is in a participating country, the written charge or requisition may be served in accordance with those arrangements only if one of the following conditions is met.
    (3)      The conditions are—
    (a)  that the correct address of the person is unknown,
    (b)  that it has not been possible to serve the written charge or requisition by post,
    (c)  that there are good reasons for thinking that service by post will not be effective or is inappropriate.""
241Page 386, line 21, leave out from beginning to "the" in line 22 and insert—
"(1)      Section 74 of the Police and Criminal Evidence Act 1984 (conviction as evidence of commission of offence) is amended as follows.
(2)      In subsection (1) (commission of offence by non-defendant) for the words from ", where to do so" to "committed that offence" there is substituted "that that person committed that offence, where evidence of his having done so is admissible".
(3)      In subsection (3) (commission of offence by defendant)"
 

Schedule 33

 

THE BARONESS SCOTLAND OF ASTHAL

242Page 390, line 30, at end insert—
 

ALLOCATION AND SENDING OF OFFENCES

 
  Short title and chapterExtent of repeal
 
  Bankers' Books Evidence Act 1879 (c. 11)In section 4, the paragraph beginning "Where the proceedings".
  In section 5, the paragraph beginning "Where the proceedings".
  Explosive Substances Act 1883 (c. 3)Section 6(3).
  Criminal Justice Act 1925(c. 86)Section 49(2).
  Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)In section 2(2), paragraphs (aa) to (ac), paragraphs (iA) and (iB), and the words from "and in paragraph (iA)" to the end.
  Criminal Justice Act 1948 (c. 58)Section 41(5A).
  In section 80, the definition of "Court of summary jurisdiction".
  Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)In the Schedule, in paragraph 4, the words "and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)".
  Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)Section 2(5).
  Criminal Justice Act 1967(c. 80)In section 9(1), the words ", other than committal proceedings".
  In section 36(1), the definition of "committal proceedings".
  Criminal Appeal Act 1968(c. 19)In section 9(2), the words from "section 41" to "either way offence".
  Theft Act 1968 (c. 60)Section 27(4A).
  Criminal Justice Act 1972(c. 71)In section 46, subsections (1A) to (1C).
  Bail Act 1976 (c. 63)In section 3, subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994.
  Section 5(6A)(a)(i).
  Interpretation Act 1978 (c. 30)In Schedule 1, in the definition of "Committed for trial", paragraph (a).
  Customs and Excise Management Act 1979 (c. 2)Section 147(2).
  Magistrates' Courts Act 1980 (c. 43) Sections 4 to 8, and the cross-heading preceding section 4.
  Section 24(1A) and (2).
  In section 25, subsections (3) to (8).
  In section 33(1), paragraph (b) and the word "and" immediately preceding it.
  Section 42.
  Section 97A.
  Section 103.
  Section 106.
  In section 128, in subsection (1)(b), the words "inquiring into or", and in each of subsections (1A)(a), (3A), (3C)(a) and (3E)(a), the word "5,".
  In section 130(1), the word "5,".
  Section 145(1)(f).
  In section 150(1), the definition of "committal proceedings".
  In section 155(2)(a), the words "8 (except subsection (9))".
  In Schedule 3, paragraph 2(a).
  In Schedule 5, paragraph 2.
  Criminal Attempts Act 1981 (c. 47)In section 2(2)(g), the words "or committed for trial".
  Supreme Court Act 1981 (c. 54)Section 76(5).
  Section 77(4).
  In section 81—      (a)   in subsection (1)(a), the words "who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or",      (b)   subsection (1)(g)(i),      (c)   subsection (7).
  Police and Criminal Evidence Act 1984 (c. 60)Section 62(10)(a)(i).the paragraph beginning "Where the proceedings".
  Section 76(9).
  Section 78(3).
  Prosecution of Offences Act 1985 (c. 23)In section 16, subsections (1)(b), (2)(aa) and (12).
  In section 23A(1)(b), the words from "under" to "1998".
  Criminal Justice Act 1987 (c. 38)Sections 4 to 6.
  In section 11—      (a)   subsection (2)(a),      (b)   subsection (3),      (c)   in subsection (7), the word "(3),",      (d)   in subsection (8), the word "(3),",      (e)   subsections (9) and (10),      (f)   in subsection (11), paragraphs (a) and (d).
  Criminal Justice Act 1988 (c. 33)Section 23(5).
  Section 24(5).
  In section 26, the paragraph beginning "This section shall not apply".
  In section 27, the paragraph beginning "This section shall not apply".
  Section 30(4A).
  In section 40(1), the words "were disclosed to a magistrates' court inquiring into the offence as examining justices or".
  Section 41.
  Road Traffic Offenders Act 1988 (c. 53)Section 11(3A).
  Section 16(6A).
  Section 20(8A).
  Criminal Justice Act 1991(c. 53)Section 53.
  Criminal Justice and Public Order Act 1994 (c. 33)Section 34(2)(a).
  Section 37(2)(a).
  Criminal Procedure and Investigations Act 1996(c. 25)In section 1(2), paragraphs (a) to (c) and, in paragraph (cc), the words from "under" to the end.
  In section 5, subsections (2) and (3).
  In section 13(1), paragraphs (a) to (c) of the modified section 3(8).
  Section 28(1)(b).
  Section 68.
  Schedule 2.
  Crime and Disorder Act 1998 (c. 37)In section 50(1), the words "unless the accused falls to be dealt with under section 51 below".
  In Schedule 3, in paragraph 2, sub-paragraphs (4) and (5), paragraph 12, and in paragraph 13(2), the words from "unless" to the end.
  Youth Justice and Criminal Evidence Act 1999 (c. 23)Section 27(10).
  In section 42(3), paragraphs (a) and (b).
  Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In section 89(2)(b), the words "trial or".section 140(1)(b), the words "was committed to the Crown Court to be tried or dealt with or by which he".
  In Schedule 11, paragraph 9."
243Page 391, leave out lines 23 and 24
244Page 391, leave out lines 29 to 31
245Page 391, line 34, column 2, leave out "7" and insert "11"
246Page 392, line 5, at end insert—
  "Crime (InternationalCo-operation) Act 2003In section 9(4), the words "section 25 of the Criminal Justice Act 1988 or"."
246A*Page 392, line 17, column 2, leave out from "it" to end of line 18
246B*Page 393, column 2, leave out line 14 and insert—
  "In section 234—      (a)   in subsection (1), the words after paragraph (b),      (b)   in subsection (3), the words from "or to vary" to "one hundred", and      (c)   subsection (11)."
246C*Page 393, leave out line 21
 

THE LORD ARCHER OF SANDWELL

247Page 404, line 13, column 2, leave out "Section 42"

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
29 October 2003