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

House of Lords

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"Naval Discipline Act 1957 (c. 53)

       In section 109 of the Naval Discipline Act 1957 (proceedings before summary courts), at the end of subsection (4) there is inserted—
  "The references in this subsection to provisions are to be taken to refer to those provisions as if no amendment to them had been made by the Criminal Justice Act 2003." "
Page 227, line 7, at end insert—
 

"Firearms Act 1968 (c. 27)

       In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted."
Page 227, leave out line 29 and insert—
"(   )  after "under" there is inserted "section 52(5) of the Crime and Disorder Act 1998,","
Page 227, line 30, at end insert—
"(   )  after sub-paragraph (ii) there is inserted—
"(iia)  section 17C (intention as to plea: adjournment);", and
(   )  at the end of sub-paragraph (iii) there is inserted "or
"(iv)  section 24C (intention as to plea by child or young person: adjournment),"."
Page 228, line 9, leave out sub-paragraph (2) and insert—
"(   )      In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for "as examining justices over" there is substituted "under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of"."
Page 228, line 18, at end insert—
"(   )      In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words "commits or" are omitted."
Page 230, line 30, at end insert—
"(   )      In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted—
"(4)  The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender's case with a restriction order.""
Page 230, line 35, at end insert ", and
(   )  in subsection (7), for the words from "inquire" to "1980" there is substituted "send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998", and in paragraph (b) of that subsection, the words "where the court proceeds under subsection (1) of that section" are omitted."
Page 233, line 14, at end insert—
 

"Sexual Offences (Amendment) Act 1992 (c. 34)

    58A   In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for "commits him" there is substituted "sends him to the Crown Court"."
Page 233, line 31, at end insert—
 

"Reserve Forces Act 1996 (c. 14)

       In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), in paragraph 3, after sub-paragraph (2) there is inserted—
"(2A)      The reference in sub-paragraph (2) to provisions of the Magistrates' Courts Act 1980 is to be taken to refer to those provisions as if no amendment to them had been made by the Criminal Justice Act 2003.""
Page 234, line 16, at end insert—
 

"Sexual Offences (Protected Material) Act 1997 (c. 39)

       In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted."
Page 236, line 7, at end insert—
 

"Proceeds of Crime Act 2002 (c. 29)

    (   )   The Proceeds of Crime Act 2002 is amended as follows.
(   )      In section 6 (making of confiscation order), in subsection (2)(b), for "section 3, 4 or 6" there is substituted "section 3, 3A, 3B, 3C, 4, 4A or 6".
(   )      In section 27 (defendant absconds after being convicted or committed), in subsection (2)(b), for "section 3, 4 or 6" there is substituted "section 3, 3A, 3B, 3C, 4, 4A or 6".
(   )      In section 70 (committal by magistrates' court), in subsection (5), after "way)" there is inserted "or under section 3B(2) of that Act (committal of child or young person)"."
 

Before Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Schedule—
 

"SCHEDULE

 

QUALIFYING OFFENCES FOR PURPOSES OF SECTION (APPEALS IN RESPECT OF
EVIDENTIARY RULINGS)

 

PART 1

 

LIST OF OFFENCES

 

OFFENCES AGAINST THE PERSON

 

Murder

 1      Murder.
 

Attempted murder

 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).
 

Manslaughter

 4      Manslaughter.
 

Wounding or causing grievous bodily harm with intent

 5      An offence under section 18 of the Offences against the Person Act 1861 (c. 100).
 

Kidnapping

 6      Kidnapping.
 

SEXUAL OFFENCES

 

Rape

 7      An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.
 

Attempted Rape

 8      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

 9      An offence under section 5 of the Sexual Offences Act 1956 (c. 69).
 

Incest by a man with a girl under thirteen

 10      An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to have been committed with a girl under thirteen.
 

Assault by penetration

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

Causing a person to engage in sexual activity without consent

 12      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 thirteen

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

Attempted rape of a child under thirteen

 14      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 thirteen by penetration

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

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

 16      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

 17      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

 18      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

 

Unlawful importation of Class A drug

 19      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

 20      An offence under section 68(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)).
 

Fraudulent evasion in respect of Class A drug

 21      An offence under section 170(1) or (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)).
 

Producing or being concerned in production of Class A drug

 22      An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

Supplying or offering to supply Class A drug

 23      An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
 

THEFT OFFENCES

 

Robbery

 24      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).
 

CRIMINAL DAMAGE OFFENCES

 

Arson endangering life

 25      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.
 

Causing explosion likely to endanger life or property

 26      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

 27      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

 28      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
 

Grave breaches of the Geneva Conventions

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

Directing terrorist organisation

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

Hostage-taking

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

HIJACKING AND OTHER OFFENCES RELATING TO AVIATION, MARITIME AND RAIL SECURITY

 

Hijacking of aircraft

 32      An offence under section 1 of the Aviation Security Act 1982 (c. 36).
 

Destroying, damaging or endangering the safety of an aircraft

 33      An offence under section 2 of the Aviation Security Act 1982 (c. 36).

 
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©Parliamentary copyright 2003
14 November 2003