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

House of Lords

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Clause 306



238BPage 173, line 38, at end insert—
 "section (Early removal of prisoners liable to removal from United Kingdom),"

Schedule 32



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



242Page 390, line 30, at end insert—


  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).
  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"."
246APage 392, line 17, column 2, leave out from "it" to end of line 18
246BPage 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)."
246CPage 393, leave out line 21


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

Clause 310



247APage 175, line 15, leave out "4, 6 to 9, 11 and 11" and insert "3(3), 4, 6 to 9 and 11"

Clause 312



247BPage 176, line 5, after "313" insert ", (Channel Islands and Isle of Man)"

Clause 313



247CPage 176, line 23, after "section" insert "and to section (Channel Islands and Isle of Man)"
248Page 176, leave out line 27 and insert—
 "sections 67 and (Offences in connection with publication restrictions);"
248APage 176, line 29, at end insert—
 "section 270;"
248BPage 176, line 42, leave out "269 and 270" and insert "and 269"
249Page 177, line 8, leave out "and 80" and insert "to (Application of Criminal Appeal Acts to proceedings under Part 9)"
250Page 177, line 11, at end insert—
 "section (Sentencing for firearms offences in Northern Ireland) and Schedule (Sentencing for firearms offences in Northern Ireland)"
251Page 177, line 15, at end insert—
"(6A)  The amendment or repeal of any enactment by any provision of—
(a)  Part 1,
(b)  section 263,
(c)  Part 2 of Schedule 3
(d)  Schedule 25,
(e)  Schedule 26,
(f)  Part 1 of Schedule 28,
(g)  Parts 1 to 4 and 6 of Schedule 32, and
(h)  Parts 1 to 3, 5 to 7, 9 and 11 of Schedule 33,
  extends to the part or parts of the United Kingdom to which the enactment extends."
252Page 177, line 16, leave out subsection (7)
253A*Page 177, line 25, at end insert—
"(10A)  Any provision of this Act which—
(a)  relates to any enactment contained in—
(i)  the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(ii)  the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19),
(iii)  the Naval Discipline Act 1957 (c. 53),
(iv)  the Courts-Martial (Appeals) Act 1968 (c. 20),
(v)  the Armed Forces Act 1976 (c. 52),
(vi)  section 113 of the Police and Criminal Evidence Act 1984 (c. 60),
(vii)  the Reserve Forces Act 1996 (c. 14), or
(viii)  the Armed Forces Act 2001 (c. 19), and
(b)  is not itself contained in Schedule 23 or Part 8 of Schedule 33,
  has the same extent as the enactment to which it relates."
254Page 177, line 26, leave out subsection (11)

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5 November 2003