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Criminal Justice Bill



COMMONS REASONS FOR DISAGREEING TO CERTAIN LORDS AMENDMENTS,

commons disagreement to certain lords amendments and commons

amendments to words so restored to the bill, and commons

amendments in lieu of a certain lords amendment disagreed to

[The page and line references are to HL Bill 69 as first printed for the Lords.]

Clause 4

LORDS AMENDMENT NO. 2

Leave out Clause 4

 

The Commons disagree to this Amendment for the following Reason

2A

Because it is appropriate to extend the circumstances in which the telephone may be used

 

in connection with the review of police detention.

After Clause 8

LORDS AMENDMENT NO. 4

Insert the following new Clause—

 

“Destruction of fingerprints and samples

 

(1)   

Section 64 of the 1984 Act (destruction of fingerprints and samples) is

 

amended as follows.

 

(2)   

In subsection (3), the words “, except as provided in the following

 

provisions of this section,” are omitted.

 

(3)   

Subsections (3AA), (3AB) and (3AC) are omitted.”

 
HL Bill 12453/2

 

(  2  )

 
 

The Commons disagree to this Amendment for the following Reason

4A

Because it is appropriate to ensure the exclusion in certain cases of the duty under section

 

64(3) of the Police and Criminal Evidence Act 1984 to destroy fingerprints and samples.

Clause 12

LORDS AMENDMENT NO. 8

Page 7, line 35, leave out paragraph (c)

 

The Commons disagree to this Amendment for the following Reason

8A

Because it may prove desirable in the light of experience to vary the minimum age above

 

which a test for Class A drugs may be required under section 63B of the Police and Crimi­

 

nal Evidence Act 1984.

Clause 41

LORDS AMENDMENT NO. 32

Leave out Clause 41

 

The Commons disagree to this Amendment for the following Reason

32A

Because it should be possible for a defendant to apply for a trial to be conducted without a

 

jury.

Clause 42

LORDS AMENDMENT NO. 33

Leave out Clause 42

 

The Commons disagree to this Amendment but propose the following Amendments to the

 

words so restored to the Bill

33A

Page 28, line 34, after “where” insert “(a)”

33B

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.”

33C

Page 28, line 39, leave out “both of the following conditions are” and insert “the fol­

 

lowing condition is”

33D

Page 28, line 42, leave out “The first” and insert “That”

33E

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

33F

Page 29, line 9, leave out “both of those conditions are” and insert “that condition

 

is”


 

(  3  )

 

Clause 43

LORDS AMENDMENT NO. 34

Leave out Clause 43

 

The Commons disagree to this Amendment but propose the following Amendments to the

 

words so restored to the Bill

34A

Page 29, line 26, after second “is” insert “evidence of a”

34B

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.”

Clause 44

LORDS AMENDMENT NO. 35

Leave out Clause 44

 

The Commons disagree to this Amendment for the following Reason

35A

Because it is necessary to make provision about the procedure for applications for trials to

 

be conducted without a jury.

Clause 45

LORDS AMENDMENT NO. 36

Leave out Clause 45

 

The Commons disagree to this Amendment but propose the following Amendments to the

 

words so restored to the Bill

36A

Page 31, line 5, leave out “(or partly because)”

36B

Page 31, line 12, after “jury” insert “if he is satisfied that jury tampering has taken

 

place”

Clause 46

LORDS AMENDMENT NO. 37

Leave out Clause 46


 

(  4  )

 
 

The Commons disagree to this Amendment but propose the following Amendment to the

 

words so restored to the Bill

37A

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).”

Clause 47

LORDS AMENDMENT NO. 38

Leave out Clause 47

 

The Commons disagree to this Amendment but propose the following Amendment to the

 

words so restored to the Bill

38A

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.”

Clause 48

LORDS AMENDMENT NO. 39

Leave out Clause 48

 

The Commons disagree to this Amendment for the following Reason

39A

Because it is necessary to make provision in relation to rules of court.

Clause 49

LORDS AMENDMENT NO. 40

Leave out Clause 49

 

The Commons disagree to this Amendment but propose the following Amendments to the

 

words so restored to the Bill

40A

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)”.”

40B

Page 34, line 21, at end insert—


 

(  5  )

 
 

“(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”.”

Clause 78

LORDS AMENDMENT NO. 100

Page 52, line 22, leave out “and”

 

The Commons disagree to this Amendment for the following Reason

100A

Because the restrictions already imposed on the consent of the Director of Public Prosecu­

 

tions are sufficient.

 

LORDS AMENDMENT NO. 101

Page 52, line 23, at end insert “, and

 

(c)   

he has sought leave from a judge of the Crown Court on an ex-parte

 

application.”

 

The Commons disagree to this Amendment for the following Reason

101A

Because the restrictions already imposed on the consent of the Director of Public Prosecu­

 

tions are sufficient.

Before Clause 90

LORDS AMENDMENT NO. 114

Insert the following new Clause—

 

“Evidence of bad character

 

(1)   

The Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”) is

 

amended as follows.

 

(2)   

After section 82 of the 1984 Act (Part VIII—interpretation) insert—

 

“PART VIII A

 

EVIDENCE OF BAD CHARACTER

 

82A     

Bad character

 

References in this Part to evidence of a person’s bad character are

 

references to evidence which shows that—

 

(a)   

he has committed an offence, or

 

(b)   

he has behaved, or is disposed to behave, in a way that, in

 

the opinion of the court, would be viewed with disapproval

 

by a reasonable person.


 
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