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

House of Lords

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Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

       In section 187 of the Air Force 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." "
    95Page 226, line 14, at end insert—
     

    "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." "
    96Page 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."
    97Page 227, leave out line 29 and insert—
    "(   )  after "under" there is inserted "section 52(5) of the Crime and Disorder Act 1998,","
    98Page 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),"."
    99Page 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"."
    100Page 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."
    101Page 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.""
    102Page 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."
    103Page 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"."
    104Page 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.""
    105Page 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."
    106Page 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

    107Insert 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

 
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©Parliamentary copyright 2003
17 November 2003