House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Schedule 3 — Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 2 — Minor and consequential amendments

235

 

(c)   

the name of any firm in which he was a partner at

any relevant time or by which he was engaged at

any such time;

(d)   

the address of any such firm;

(e)   

the name of any company of which he was a

5

director at any relevant time or by which he was

otherwise engaged at any such time;

(f)   

the address of the registered or principal office of

any such company;

(g)   

any working address of the accused in his capacity

10

as a person engaged by any such company;

           

and here “engaged” means engaged under a contract of

service or a contract for services.”, and

(d)   

after sub-paragraph (11) there is inserted—

“(11A)     

Proceedings for an offence under this paragraph shall not,

15

in Northern Ireland, be instituted otherwise than by or

with the consent of the Attorney General for Northern

Ireland.”

65         

In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in

sub-paragraph (12), for the definition of “the relevant date” there is

20

substituted—

           

““the relevant date” means the expiry of the period referred to in

paragraph 1(1) above.”

Youth Justice and Criminal Evidence Act 1999 (c. 23)

66    (1)  

The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

25

      (2)  

In section 27 (video recorded evidence in chief), subsection (10) is omitted.

      (3)  

In section 42 (interpretation and application of section 41), in subsection

(3)—

(a)   

paragraphs (a) and (b) are omitted, and

(b)   

in paragraph (c), after “51” there is inserted “or 51A”.

30

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

67    (1)  

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

      (2)  

In section 8 (power and duty to remit young offenders to youth courts for

sentence), in subsection (2), for paragraph (a) there is substituted—

“(a)   

if the offender was sent to the Crown Court for trial under

35

section 51 or 51A of the Crime and Disorder Act 1998, to a

youth court acting for the place where he was sent to the

Crown Court for trial;”.

      (3)  

In section 89 (restriction on imposing imprisonment), in subsection (2)—

(a)   

in paragraph (b), the words “trial or” are omitted, and

40

(b)   

in paragraph (c), after “51” there is inserted “or 51A”.

      (4)  

In section 140 (enforcement of fines etc), in subsection (1)(b)—

(a)   

the words “was committed to the Crown Court to be tried or dealt

with or by which he” are omitted, and

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

236

 

(b)   

after “51” there is inserted “or 51A”.

      (5)  

In section 148 (restitution orders), in subsection (6), for paragraph (b) there

is substituted—

“(b)   

such documents as were served on the offender in pursuance

of regulations made under paragraph 1 of Schedule 3 to the

5

Crime and Disorder Act 1998.”

      (6)  

In Schedule 11, paragraph 9 is omitted.

Schedule 4

Section 63

 

Qualifying offences for purposes of Part 9

Part 1

10

List of offences for England and Wales

Offences Against the Person

Murder

1          

Murder.

Attempted murder

15

2          

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit murder.

Soliciting murder

3          

An offence under section 4 of the Offences against the Person Act 1861

(c. 100).

20

Manslaughter

4          

Manslaughter.

Kidnapping

5          

Kidnapping.

Sexual Offences

25

Rape

6          

An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section

1 of the Sexual Offences Act 2003.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

237

 

Attempted rape

7          

An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of

attempting to commit an offence under section 1 of the Sexual Offences Act

1956 (c. 69) or section 1 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen

5

8          

An offence under section 5 of the Sexual Offences Act 1956.

Incest by a man with a girl under thirteen

9          

An offence under section 10 of the Sexual Offences Act 1956 alleged to have

been committed with a girl under thirteen.

Assault by penetration

10

10         

An offence under section 2 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

11         

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.

15

Rape of a child under 13

12         

An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under 13

13         

An offence under section 1 of the Criminal Attempts Act 1981 of attempting

to commit an offence under section 5 of the Sexual Offences Act 2003.

20

Assault of a child under 13 by penetration

14         

An offence under section 6 of the Sexual Offences Act 2003.

Causing or inciting a child under 13 to engage in sexual activity

15         

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)

25

of that section was caused.

Sexual activity with a person with a mental disorder

16         

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.

30

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 1 — List of offences for England and Wales

238

 

Causing or inciting a person with a mental disorder to engage in sexual activity

17         

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.

Drugs Offences

5

Unlawful importation of Class A drug

18         

An offence under section 50(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

10

19         

An offence under section 68(2) of the Customs and Excise Management Act

1979 alleged to have been committed in respect of a Class A drug (as defined

by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

20         

An offence under section 170(1) or (2) of the Customs and Excise

15

Management Act 1979 alleged to have been committed in respect of a Class

A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug

21         

An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to

have been committed in relation to a Class A drug (as defined by section 2

20

of that Act).

Criminal Damage Offences

Arson endangering life

22         

An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48)

alleged to have been committed by destroying or damaging property by fire.

25

Causing explosion likely to endanger life or property

23         

An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

24         

An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism

30

Genocide, crimes against humanity and war crimes

25         

An offence under section 51 or 52 of the International Criminal Court Act

2001 (c. 17).

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 2 — List of offences for Northern Ireland

239

 

Grave breaches of the Geneva Conventions

26         

An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

27         

An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

5

28         

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Conspiracy

Conspiracy

29         

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.

10

Part 2

List of offences for Northern Ireland

Offences Against the Person

Murder

30         

Murder.

15

Attempted murder

31         

An offence under Article 3 of the Criminal Attempts and Conspiracy

(Northern Ireland) Order 1983 of attempting to commit murder.

Soliciting murder

32         

An offence under section 4 of the Offences against the Person Act 1861

20

(c. 100).

Manslaughter

33         

Manslaughter.

Kidnapping

34         

Kidnapping.

25

Sexual Offences

Rape

35         

Rape.

 

 

Criminal Justice Bill
Schedule 4 — Qualifying offences for purposes of Part 9
Part 2 — List of offences for Northern Ireland

240

 

Attempted rape

36         

An offence under section 2 of the Attempted Rape, etc., Act (Northern

Ireland) 1960.

Intercourse with a girl under fourteen

37         

An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69)

5

of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteen

38         

An offence under section 1(1) of the Punishment of Incest Act 1908 (c.45)

alleged to have been committed with a girl under fourteen.

Drugs Offences

10

Unlawful importation of Class A drug

39         

An offence under section 50(2) of the Customs and Excise Management Act

1979 (c. 2) alleged to have been committed in respect of a Class A drug (as

defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

15

40         

An offence under section 68(2) of the Customs and Excise Management Act

1979 alleged to have been committed in respect of a Class A drug (as defined

by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug

41         

An offence under section 170(1) or (2) of the Customs and Excise

20

Management Act 1979 alleged to have been committed in respect of a Class

A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug

42         

An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to

have been committed in respect of a Class A drug (as defined by section 2 of

25

that Act).

Criminal Damage Offences

Arson endangering life

43         

An offence under Article 3(2) of the Criminal Damage (Northern Ireland)

Order 1977 alleged to have been committed by destroying or damaging

30

property by fire.

Causing explosion likely to endanger life or property

44         

An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

 

 

Criminal Justice Bill
Schedule 5 — Evidence of bad character: armed forces

241

 

Intent or conspiracy to cause explosion likely to endanger life or property

45         

An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3).

War Crimes and Terrorism

Genocide, crimes against humanity and war crimes

46         

An offence under section 51 or 52 of the International Criminal Court Act

5

2001 (c. 17).

Grave breaches of the Geneva Conventions

47         

An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

48         

An offence under section 56 of the Terrorism Act 2000 (c. 11).

10

Hostage-taking

49         

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Conspiracy

Conspiracy

50         

An offence under Article 9 of the Criminal Attempts and Conspiracy

15

(Northern Ireland) Order 1983 of conspiracy to commit an offence listed in

this Part of this Schedule.

Part 3

Supplementary

51         

A reference in this Schedule to an offence includes a reference to an offence

20

of aiding, abetting, counselling or procuring the commission of the offence.

52         

A reference in this Schedule to an enactment includes a reference to the

enactment as enacted and as amended from time to time.

Schedule 5

Section 97

 

Evidence of bad character: armed forces

25

1          

Sections 81 to 90, 93, 94 and 96, in so far as they are not applied in relation to

proceedings before service courts by provision contained in or made under

any other Act, have effect in relation to such proceedings (whether in the

United Kingdom or elsewhere) as they have effect in relation to criminal

proceedings.

30

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003