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Clause 105

LORDS AMENDMENT NO. 130

Leave out Clause 105

 

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

 

words so restored to the Bill

130A

Page 67, line 26, leave out from “means” to end of line 29 and insert “the commis­

 

sion of an offence or other reprehensible behaviour”

130B

Page 67, line 42, after “Chapter” insert “(except section 93(3)”

130C

Page 67, line 45, at end insert—

 

“(a)   

under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18)

 

against a party impeaching the credit of his own witness by general

 

evidence of bad character,”

130D

Page 67, line 47, after “(c. 23)” insert “(restriction on evidence or questions about

 

complainant’s sexual history)”

The Lords disagree to Commons Amendments 130A to 130D, and insist on their

 

Amendment 130 to which the Commons have disagreed, for the following Reason

130E

Because the amendments proposed by the Lords provide a more satisfactory scheme for

 

dealing with evidence of bad character.

Clause 106

LORDS AMENDMENT NO. 131

Leave out Clause 106

 

The Commons disagree to this Amendment for the following Reason

131A

Because they would result in a less satisfactory scheme for dealing with evidence of bad

 

character.

The Lords insist on their Amendment to which the Commons have disagreed, for the

 

following Reason

131B

Because the amendments proposed by the Lords provide a more satisfactory scheme for

 

dealing with evidence of bad character.

The Commons insist on their disagreement to Amendments Nos. 114 to 119 and 121 to 131

 

but propose the following Amendments to the words so restored to the Bill

131C

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”

131D

Page 62, leave out lines 16 to 18

131E

Page 62, line 26, leave out “(d),”

131F

Page 63, line 19, at end insert:—


 

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“(1A)   

Where subsection (1)(a) applies, a defendant’s propensity to commit

 

offences of the kind with which he is charged may (without prejudice to

 

any other way of doing so) be established by evidence that he has been

 

convicted of—

 

(a)   

an offence of the same description as the one with which he is

 

charged, or

 

(b)   

an offence of the same category as the one with which he is charged.

 

(1B)   

Subsection (1A) does not apply in the case of a particular defendant if the

 

court is satisfied, by reason of the length of time since the conviction or for

 

any other reason, that it would be unjust for it to apply in his case.

 

(1C)   

For the purposes of subsection (1A)—

 

(a)   

two offences are of the same description as each other if the

 

statement of the offence in a written charge or indictment would, in

 

each case, be in the same terms;

 

(b)   

two offences are of the same category as each other if they belong to

 

the same category of offences prescribed for the purposes of this

 

section by an order made by the Secretary of State.

 

(1D)   

A category prescribed by an order under subsection (1C)(b) must consist of

 

offences of the same type.”

131G

Page 64, line 40, leave out from “a” to end of line 41 and insert “reprehensible way”

131H

Page 65, line 47, at end insert:—

 

“(2)   

In proceedings for an offence committed or alleged to have been committed

 

by the defendant when aged 21 or over, evidence of his conviction for an

 

offence when under the age of 14 is admissible only if the court is satisfied

 

that the interests of justice so require.

 

(3)   

Subsection (2) applies in addition to section 93.”

131I

Page 66, line 28, leave out “require a defendant” and insert “, and, where the party

 

in question is the prosecution, must, contain provision requiring a party”

131J

Page 66, line 29, leave out “co-defendant’s bad character under section 93(1)(f)”

 

and insert “defendant’s bad character”

131K

Page 66, line 33, leave out “co-defendant” and insert “defendant”

131L

Page 66, line 35, leave out “co-defendant” and insert “defendant”

131M

Page 66, line 39, leave out “defendant” and insert “party”

131N

Page 67, line 26, leave out from “means” to end of line 29 and insert “the

 

commission of an offence or other reprehensible behaviour”

131O

Page 67, line 42, after “Chapter” insert “(except section 93(3))”

131P

Page 67, line 45, at end insert—

 

“(a)   

under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18)

 

against a party impeaching the credit of his own witness by general

 

evidence of bad character,”

131Q

Page 67, line 47, after “(c. 23)” insert “(restriction on evidence or questions about

 

complainant’s sexual history)”

The Commons have made the following consequential Amendments to the Bill


 

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131R

Page 171, line 30, leave out “95” and insert “96”

131S

Page 217, line 8, leave out “95” and insert “96”

131T

Page 217, line 9, leave out “(1)” and insert “(1C)”


 
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