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Criminal Justice Bill

8.45 p.m.

House again in Committee.

Schedule 29 [Criminal record certificates: amendments of Part 5 of Police Act 1997]:

[Amendment No. 239A not moved.]

Lord Bassam of Brighton moved Amendment No. 239AA:



"(5) In relation to an offence committed before the commencement of section 266(5) of the Criminal Justice Act 2003, the reference in subsection (4) to 51 weeks is to be read as a reference to 6 months."

On Question, amendment agreed to.

Schedule 29, as amended, agreed to.

Clause 299 [Orders and rules]:

[Amendment No. 239B not moved.]

Lord Bassam of Brighton moved Amendment No. 239BZA:


    Page 171, line 26, leave out "order" and insert "instrument"

The noble Lord said: This is a drafting improvement substituting the word "instrument" for "order" to reflect the range of instruments to which the subsection is relevant. I beg to move.

On Question, amendment agreed to.

Lord Bassam of Brighton moved Amendment No. 239BA:


    Page 171, leave out line 31.

The noble Lord said: I beg to move.

Lord Hunt of Wirral: Since we debated my amendment the noble Baroness, Lady Scotland of Asthal, has added her name. I welcome that and we now look forward to leaving out line 31.

On Question, amendment agreed to.

[Amendments Nos. 239C and 239D not moved.]

Clause 299, as amended, agreed to.

Clause 300 agreed to.

Schedule 30 [Further minor and consequential amendments]:

Lord Bassam of Brighton moved Amendment No. 240:


    Page 344, line 9, at end insert—


"(da) as respects the references in paragraph 9AB of Part 1 of this Schedule, bail granted before the coming into force of that paragraph;"

The noble Lord said: Amendment No. 240 is consequential on an earlier government amendment to Clause 15. I beg to move.

On Question, amendment agreed to.

[Amendment No. 241 not moved.]

Baroness Scotland of Asthal moved Amendments Nos. 241A to 241E:

15 Oct 2003 : Column 1038


    Page 355, line 23, at end insert—


"86A In section 31(1) (powers of Court of Appeal exercisable by single judge) after paragraph (a) there is inserted—
"(aa) the power to give leave under section 14(4B) of the Criminal Appeal Act 1995;".
86B In section 31A (powers of Court of Appeal exercisable by registrar) after subsection (4) there is inserted—
"(5) In this section "respondent" includes a person who will be a respondent if leave to appeal is granted.""


    Page 355, line 24, leave out "45(1)" and insert "45"


    Page 355, line 24, after "Appeal)" insert—


"(a) in subsection (1)," Page 355, line 25, at end insert— "(b) in subsection (2) after "sections" there is inserted "23A,"." Page 357, line 8, at end insert—


"92A In section 45 (powers of Court of Appeal exercisable by single judge) after subsection (3B) there is inserted—
"(3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court."

Criminal Justice Act 1988 (c. 33)

92B In section 36 of the Criminal Justice Act 1988 (reviews of sentencing)—
(a) in subsection (3), for "10" there is substituted "11",
(b) in subsection (9)(b), for "10 and 35(1)" there is substituted "11 and 35(1)".
Criminal Appeal Act 1995 (c. 35)

92C In section 15(2)(a) of the Criminal Appeal Act 1995 (investigations by Criminal Cases Review Commission for Court of Appeal) for "case", in both places where it occurs, there is substituted "appeal or application for leave to appeal"."

On Question, amendments agreed to.

Schedule 30, as amended, agreed to.

Clause 301 agreed to.

Schedule 31 [Repeals]:

[Amendment No. 242 had been withdrawn from the Marshalled List.]

Baroness Scotland of Asthal moved Amendments Nos. 242A to 245:


    Page 361, line 2, column 2, at beginning insert—


    "In section 82(4A), paragraph (e) and the word "or" immediately preceding it."


    Page 361, leave out line 11.


    Page 361, line 26, at end insert—


    "Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)


    In section 10(1)(a), sub-paragraph (i) and the succeeding "or"."


    Page 361, line 33, column 2, at end insert—


    "In Schedule 1, paragraph 15(5)."


    Page 361, line 33, column 2, at end insert—


"In Schedule 2, paragraphs 2 and 3." Page 361, line 34, leave out "12(1)" and insert ", 10(1), 12(1), 13"


    Page 361, line 40, column 2, leave out "to 82" and insert "and 81"


    Page 361, line 43, column 2, at end insert—

15 Oct 2003 : Column 1039


"In section 121(12), the words from the beginning to "paragraphs 56 to 60 of Schedule 8 to this Act;". Page 361, line 45, column 2, after "13(2)," insert "56, 58, 59"


    Page 361, line 46, column 2, leave out "and 132" and insert "132 and 135(3) and (4)"


    Page 361, line 46, at end insert—


    "Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))


    In Schedule 5, paragraph 28(b)."


    Page 362, line 26, column 2, at end insert—


    "Section 106(2) and (3)."


    Page 362, line 32, column 2, leave out "subsection (2)" and insert "subsection (3)"


    Page 362, column 2, leave out lines 54 and 55 and insert—


    "(d) In subsection (5), in paragraph (a) the words from "or paragraph 7" to the end, and in paragraph (b) the words from "42(2E)" to the end."


    Page 363, column 2, leave out line 26 and insert—


    "In section 168—

(a) in subsection (1), the words "to subsection (2) below and", and

(b) subsections (2) and (3)."


    Page 363, line 32, column 2, after "90(2)," insert "94,"


    Page 363, line 32, after "90(2)," insert "102,"

On Question, amendments agreed to.

[Amendment No. 245A had been re-tabled as Amendment No. 244G.]

Lord Bassam of Brighton moved Amendments Nos. 246 to 246C:


    Page 363, line 34, after "187(2)" insert ", (3) and (5)"


    Page 363, line 35, column 2, after "and (3)," insert "186(3) and (4),"


    Page 364, line 8, at end insert—


    "Repatriation of Prisoners Act 1984 (c. 47)


    In section 2(4)(b)(i), the words "or 29(1)".


    Section 3(9).


    Paragraph 3 of the Schedule."


    Page 364, line 9, column 2, at end insert—


    "Section 31(4)."


    Page 364, line 10, column 2, at end insert—


    "In section 34(3), the words from the beginning to "advocate; and"."


    Page 364, line 10, at end insert—


    "Crime and Punishment (Scotland) Act 1997 (c. 48)


    In Schedule 1, paragraph 10(3).


    Crime and Disorder Act 1998 (c. 37)


    In Schedule 8, paragraphs 57 and 60."


    Page 368, line 28, at end insert—


    "Magistrates' Courts Act 1980 (c. 43)


    In section 84(3), the words—


(a) "imprisonment for a term not exceeding 4 months or", and
(b) "to both". Page 368, leave out lines 35 to 38.

On Question, amendments agreed to.

[Amendment No. 247 had been withdrawn from the Marshalled List.]

15 Oct 2003 : Column 1040

[Amendment No. 247A had been re-tabled as Amendment No. 244B.]

[Amendment No. 247B had been re-tabled as Amendment No. 244C.]

Lord Bassam of Brighton moved Amendment Nos. 247C and 247CA:


    Page 372, line 17, at end insert—

"PART 9A REPEALS RELATING TO AMENDMENTS OF PART 5 OF POLICE ACT 1997


    Short title and chapter


    Extent of repeal


    Police Act 1997 (c. 50)


    In section 115, subsections (3) to (5) and subsections (6C) to (6E).


    Section 120(3).


    In section 125, subsection (3) and, in subsection (4), the words "to which subsection (3) does not apply".


    Care Standards Act 2000


    (c. 14)


    Section 104(3)(a).


    In Schedule 4, paragraph 25(2)(a).


    Private Security Industry Act 2001 (c. 12)


    Section 21.


    Section 26(3)(a).


    Health and Social Care Act 2001 (c. 15)


    Section 19.


    Criminal Justice and Police Act 2001 (c. 16)


    Section 134(3) and (4).


    National Health Service Reform and Health Care Professions Act 2002 (c. 17)


    Section 42(7).


    In Schedule 2, paragraph 64.


    Education Act 2002 (c. 32)


    In Schedule 12, paragraph 15(2).


    In Schedule 13, paragraph 8(2).


    Licensing Act 2003 (c. 17)


    In Schedule 6, paragraph 116."


    Page 372, line 21, column 2, at beginning insert—


    "Section 10(4).


    In section 11(2), the words from "(which expression" to "purposes of section 10)"."

On Question, amendments agreed to.

Schedule 31, as amended, agreed to.

Clause 302 agreed to.

Schedule 32 [Transitory, transitional and saving provisions]:

9 p.m.

Lord Bassam of Brighton moved Amendment No. 247D:


    Page 373, line 13, leave out "to 82" and insert "and 81"

On Question, amendment agreed to.


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