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Amendment Paper as at
Tuesday 18th November 2003

CONSIDERATION OF LORDS AMENDMENTS


New Amendments handed in are marked thus *

CRIMINAL JUSTICE BILL

On Consideration of Lords Amendments to the Criminal Justice Bill


Lords Amendment No. 32

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 33

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendments to the words so restored to the Bill:—

(a)

*Page     28,     line     34,     after 'where', insert '(a)'.

   


(b)

*Page     28,     line     35,     at end insert 'and

      (b) notice has been given under section 51B of the Crime and Disorder Act 1998 (notices in serious or complex fraud cases) in respect of that offence or those offences.'.

   


(c)

*Page     28,     line     39,     leave out 'both of the following conditions are' and insert 'the following condition is'.

   


(d)

*Page     28,     line     42,     leave out 'The first' and insert 'That'.

   


(e)

*Page     29,     line     3,     leave out subsection (5).

   


(f)

*Page     29,     line     9,     leave out 'both of those conditions are' and insert 'that condition is'.


Lords Amendment No. 34

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

To move the following Amendments to the words so restored to the Bill:—

   

Mr Dominic Grieve
David Davis
Mr Humfrey Malins

(c)

*Page     29,     line     20,     leave out subsections (3) to (6) and insert—

    '(3)   If an application under subsection (2) is made and the judge is satisfied that the first and second condition set out below are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.

    (4)   The first condition is that he is sure that there is real and present danger that jury tampering would take place.

    (5)   The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would still take place is so overwhelming as to make it necessary in the interests of justice for the trial to be conducted without a jury.'.

   

Mr Secretary Blunkett

(a)

*Page     29,     line     26,     after second 'is', insert 'evidence of a'.

   

Mr Secretary Blunkett

(b)

*Page     29,     line     37,     at end insert—

    '(7)   The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—

      (a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,

      (b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,

      (c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.'.


Lords Amendment No. 35

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 36

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

To move the following Amendments to the words so restored to the Bill:—

   

Mr Secretary Blunkett

(a)

*Page     31,     line     5,     leave out '(or partly because)'.

   

Mr Dominic Grieve
David Davis
Mr Humfrey Malins

(c)

*Page     31,     line     11,     leave out subsections (3) to (7) and insert—

    '(3)   Where the judge terminates the trial under subsection (2) he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that—

      (a) the first condition below is fulfilled,

      (b) either or both of the second and third conditions set out below are fulfilled.

    (4)   The first condition that he is sure that there is a real and present danger that jury tampering would take place.

    (5)   The second condition is that—

      (a) the danger is such that it would be necessary to provide police protection for the members of the jury hearing the trial, and

      (b) the level and duration of that protection would be such as to place an excessive burden upon the life of a typical juror.

    (6)   The third condition is that notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would still take place is so great as to make it necessary in the interests of justice for the trial to be conducted without a jury.

    (7)   Subsection (3) is without prejudice to any other power that the judge may have on terminating the trial.'.

   

Mr Secretary Blunkett

(b)

*Page     31,     line     12,     after 'jury', insert 'if he is satisfied that jury tampering has taken place'


Lords Amendment No. 37

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendment to the words so restored to the Bill:—

(a)

*Page     32,     line     7,     at end insert—

    '(8)   The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (c.19) (subject to any specified modifications).'.


Lords Amendment No. 38

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendment to the words so restored to the Bill:—

(a)

*Page     32,     line     30,     at end insert—

    '(6)   Nothing in this Part affects—

      (a) the requirement under section 4 of the Criminal Procedure (Insanity) Act 1964 (c.84) that a question of fitness to be tried be determined by a jury, or

      (b) the requirement under section 4A of that Act that any question, finding or verdict mentioned in that section be determined, made or returned by a jury.'.


Lords Amendment No. 39

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 40

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendments to the words so restored to the Bill:—

(a)

*Page     34,     line     14,     at end insert—

    '(9A)   In section 46(8) for "Criminal Appeal Act 1968 (c.19)" substitute "Criminal Appeal (Northern Ireland) Act 1980 (c.47)".'.

   


(b)

*Page     34,     line     21,     at end insert—

    '(11A)   In section 47(6)—

      (a) for "section 4 of the Criminal Procedure (Insanity) Act 1964 (c.84)" substitute "Article 49 of the Mental Health (Northern Ireland) Order 1986",

      (b) for "section 4A of that Act" substitute "Article 49A of that Order", and

      (c) for "that section" substitute "that Article".'.


Lords Amendment No. 1

   

Simon Hughes
Mr David Heath
As an Amendment to the Lords Amendment:—

(a)

*Line     9,     leave out subsection (3).'.


Lords Amendment No. 2

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 4

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 8

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 100

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 101

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 114

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 115

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Blunkett
To move the following Amendment to the words so restored to the Bill:—

(a)

*Page     60,     line     37,     leave out from beginning to 'evidence' in line 2 on page 61 and insert:—

       'References in this Chapter to evidence of a person's "bad character" are to evidence of, or of a disposition towards, misconduct on his part, other than'.


Lords Amendment No. 116

   

Mr Secretary Blunkett

*To move, That this House disagrees with the Lords in their Amendment.



 
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Prepared 18 Nov 2003