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

House of Lords

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Clause 59

 

THE BARONESS SCOTLAND OF ASTHAL

45Page 37, line 29, leave out "52 or"
46Page 37, line 29, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
47Page 37, line 30, leave out "in relation to a ruling"
48Page 37, line 30, leave out from first "Part" to end of line and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
49Page 37, line 32, leave out from second "to" to end of line 33 and insert "an appeal mentioned in paragraph (b) or (ba)"
50Page 37, line 34, leave out "who made the ruling"
51Page 37, line 36, leave out "52 or"
52Page 37, line 36, after "53," insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
53Page 38, line 24, leave out "52 or"
54Page 38, line 24, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
55Page 38, line 25, leave out "in relation to a ruling"
56Page 38, line 25, leave out from first "Part" to end of line and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
57Page 38, line 27, leave out from second "to" to end of line 28 and insert "an appeal mentioned in paragraph (b) or (ba)"
 

Clause 62

 

THE BARONESS SCOTLAND OF ASTHAL

58Page 40, line 26, at end insert—
 ""qualifying evidentiary ruling" is to be construed in accordance with section (Appeals in respect of evidentiary rulings)(2),
 "the relevant condition" is to be construed in accordance with section (Condition that evidentiary ruling significantly weakens prosecution case)(2) and (3)."
59Page 40, leave out line 28 and insert—
 ""ruling" includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,"
60Page 40, line 29, at end insert—
"(1A)  Any reference in this Part (other than section (Rules of court)(2)(c)) to a judge is a reference to a judge of the Crown Court."
(1B)  There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 51(3) or (Appeals in respect of evidentiary rulings)(5)."
61Page 40, line 34, leave out subsection (3)
 

Clause 72

 

THE BARONESS SCOTLAND OF ASTHAL

62Page 47, line 22, at end insert—
"(   )  all the parties to the trial agree otherwise,"
 

Clause 84

 

THE BARONESS SCOTLAND OF ASTHAL

63Page 56, line 14, leave out "the words from "unless" to the end" and insert "paragraphs (a) and (b)"
 

Clause 86

 

THE LORD KINGSLAND

64*Page 64, leave out line 44 and insert "82A of the Police and Criminal Evidence Act 1984 (c. 60)."
 

Clause 93

 

THE BARONESS SCOTLAND OF ASTHAL

65Leave out Clause 93 and insert the following new Clause—
  "Additional requirement for admissibility of multiple hearsay
(1)  A hearsay statement is not admissible to prove the fact that an earlier hearsay statement was made unless—
(a)  either of the statements is admissible under section 89, 91 or 92,
(b)  all parties to the proceedings so agree, or
(c)  the court is satisfied that the value of the evidence in question, taking into account how reliable the statements appear to be, is so high that the interests of justice require the later statement to be admissible for that purpose.
(2)  In this section "hearsay statement" means a statement, not made in oral evidence, that is relied on as evidence of a matter stated in it."
 

Clause 103

 

THE BARONESS SCOTLAND OF ASTHAL

66Page 79, line 17, at end insert—
"(   )  all the parties to the retrial agree otherwise;"
 

After Clause 118

 

THE LORD LUCAS

67Insert the following new Clause—
  "Increase in sentences for aggravation related to occupation
(1)  This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).
(2)  Those circumstances are—
(a)  that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the legitimate occupation of the victim, or
(b)  that the offence is motivated (wholly or partly)—
(i)  by hostility towards persons who have a particular legitimate occupation, or
(ii)  by hostility towards that occupation.
(3)  The court—
(a)  must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and
(b)  must state in open court that the offence was committed in such circumstances.
(4)  It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.
(5)  In this section "legitimate occupation" includes any legal employment, trade or pastime."
 

Clause 138

 

THE BARONESS SCOTLAND OF ASTHAL

68Page 96, line 28, after "with" insert "such"
 

Clause 179

 

THE BARONESS SCOTLAND OF ASTHAL

69Page 118, line 11, leave out "relevant" and insert "community order or suspended sentence"
 

Clause 183

 

THE BARONESS SCOTLAND OF ASTHAL

70Page 121, line 44, leave out from "which" to end of line 45 and insert "he could have been dealt with for that offence by the court which made the order if the order had not been made"
 

Clause 184

 

THE BARONESS SCOTLAND OF ASTHAL

71Page 122, line 37, leave out "relevant" and insert "community order or suspended sentence"
 

Clause 222

 

THE BARONESS SCOTLAND OF ASTHAL

72Page 142, line 22, leave out "(2)(b)(ii) or"
 

Before Clause 241

 

THE LORD ACKNER
THE LORD LLOYD OF BERWICK

73Insert the following new Clause—
  "Amendment to Murder (Abolition of Death Penalty) Act 1965
  In section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 (c. 71) (abolition of death penalty for murder), for the word "sentenced" there is substituted "liable"."
 

After Clause 270

 

THE BARONESS SCOTLAND OF ASTHAL

74Insert the following new Clause—
  "Disqualification from working with children
  Schedule (Disqualification from working with children) (which contains amendments of Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43) relating to disqualification orders under that Part) shall have effect."
 

Clause 276

 

THE BARONESS SCOTLAND OF ASTHAL

75Page 168, line 8, leave out from beginning to "or"
76Page 168, line 32, leave out from beginning to "or"
77Page 168, line 47, leave out from beginning to "or"
78Page 169, line 7, leave out from "order" to "or" in line 8
 

Clause 299

 

THE BARONESS SCOTLAND OF ASTHAL

79Page 182, line 39, leave out "such"
80Page 183, line 1, after "if" insert "(a)"
81Page 183, line 3, at end insert "or
(b)  an order under section 29A of that Act has been made in respect of him."
 

Clause 301

 

THE BARONESS SCOTLAND OF ASTHAL

82Page 183, line 15, after "convicted" insert "in the United Kingdom"
83Page 184, line 1, at end insert—
"(6A)  Where—
(a)  in service disciplinary proceedings, as defined by section 276(1), a person has been found guilty of an offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53), and
(b)  the corresponding civil offence (within the meaning of that Act) was an imprisonable offence,
  he is to be treated for the purposes of this section as having been convicted in the United Kingdom of the corresponding civil offence."
 

Clause 302

 

THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

84*Page 184, line 20, leave out from "power" to second "is"
 

Clause 308

 

THE BARONESS SCOTLAND OF ASTHAL

85Page 187, line 6, leave out "279" and insert "279(1) to (3), (5) and (6)"
86Page 187, line 17, leave out "two" and insert "four"
87Page 187, line 18, at end insert "(and Schedules 20 and 21)"
 

Clause 309

 

THE BARONESS SCOTLAND OF ASTHAL

88Page 188, line 27, at end insert " (except as mentioned in subsection (7A))"
89Page 188, line 32, leave out "to 3" and insert "to 4"
90Page 188, line 32, at end insert "(except as mentioned in subsection (7B))"
91Page 188, line 34, at end insert—
"(7A)  Paragraphs 29, 30, 31, 37, 38, 46, 49 and 58A of Schedule 3 do not extend to Northern Ireland.
(7B)  The repeals in Part 4 of Schedule 35 relating to—
(a)  the Bankers' Books Evidence Act 1879 (c. 11),
(b)  the Explosive Substances Act 1883 (c. 3),
(c)  the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45),
(d)  the Customs and Excise Management Act 1979 (c. 2), and
(e)  the Contempt of Court Act 1981 (c. 49),
  do not extend to Northern Ireland."
92Page 188, line 42, at end insert "or
(b)  the extent of section (Disqualification from working with children) and Schedule (Disqualification from working with children) so far as relating to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court".
 

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

93Page 212, line 11, leave out from "1956," to end of line 14 and insert "the Protection of Children Act 1978 or the Sexual Offences Act 2003;"
94Page 226, line 7, at end insert—
 

"Army Act 1955 (3 & 4 Eliz. 2 c. 18)

       In section 187 of the Army Act 1955 (proceedings before a civil court where persons suspected of illegal absence), at the end of subsection (4) there is inserted—
      "The references in this subsection to provisions of the Magistrates' Courts Act 1980 and to corresponding enactments are to be taken to refer to those provisions and enactments as if no amendment to them had been made by the Criminal Justice Act 2003."

 
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©Parliamentary copyright 2003
17 November 2003