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Baroness Scotland of Asthal moved Amendment No. 318:


On Question, amendment agreed to.

[Amendment No. 319 had been withdrawn from the Marshalled List.]

[Amendment No. 320 had been re-tabled as Amendment No. 317A.]

[Amendment No. 321 had been withdrawn from the Marshalled List.]

Baroness Scotland of Asthal moved Amendments Nos. 321A to 322:


    Page 121, line 33, after "order" insert "mentioned in subsection (6A)"

30 Oct 2003 : Column 417


    Page 121, line 33, leave out "under section 144(10) or 175(4)"


    Page 121, line 35, at end insert—


"(6A) The orders are—
(a) an order under any of these provisions—
section 1(1);
section 70(1);
section 72(4);
section 74(5);
section 75(10)(b);
section 85(7);
section 87(7);
section 144(10);
section 175(4);
section (European framework list)(2);
(b) an order under section 215(2) which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act."
Page 121, line 35, at end insert—


"(7) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation other than an order mentioned in subsection (6A) or an order under section 217.
(8) A territory may be designated by being named in an order made by the Secretary of State under this Act or by falling within a description set out in such an order.
(9) An order made by the Secretary of State under section 1(1) or 70(1) may provide that this Act has effect in relation to a territory designated by the order with specified modifications."

On Question, amendments agreed to.

Clause 220 [Orders in Council]:

Baroness Scotland of Asthal moved Amendments Nos. 323 and 324:


    Page 122, line 2, leave out "any provision of this Act other than section 218" and insert "section 179 or 180"


    Page 122, line 9, leave out subsections (3) and (4).

On Question, amendments agreed to.

Clause 222 [Extent]:

Baroness Scotland of Asthal moved Amendment No. 325:


    Page 122, line 19, leave out "and 175" and insert ", 175 and (Written statements and admissions)"

On Question, amendment agreed to.

Schedule 1 [Re-extradition: Modifications]:

Baroness Scotland of Asthal moved Amendments Nos. 326 and 327:


    Page 123, line 21, leave out paragraph 8.


    Page 126, line 37, leave out paragraph 38.

On Question, amendments agreed to.

30 Oct 2003 : Column 418

Baroness Scotland of Asthal moved Amendment No. 328:


    After Schedule 1, insert the following new schedule—

"EUROPEAN FRAMEWORK LIST

1 Participation in a criminal organisation.
2 Terrorism.
3 Trafficking in human beings.
4 Sexual exploitation of children and child pornography.
5 Illicit trafficking in narcotic drugs and psychotropic substances.
6 Illicit trafficking in weapons, munitions and explosives.
7 Corruption.
8 Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests.
9 Laundering of the proceeds of crime.
10 Counterfeiting currency, including of the euro.
11 Computer-related crime.
12 Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.
13 Facilitation of unauthorised entry and residence.
14 Murder, grievous bodily injury.
15 Illicit trade in human organs and tissue.
16 Kidnapping, illegal restraint and hostage-taking.
17 Racism and xenophobia.
18 Organised or armed robbery.
19 Illicit trafficking in cultural goods, including antiques and works of art.
20 Swindling.
21 Racketeering and extortion.
22 Counterfeiting and piracy of products.
23 Forgery of administrative documents and trafficking therein.
24 Forgery of means of payment.
25 Illicit trafficking in hormonal substances and other growth promoters.
26 Illicit trafficking in nuclear or radioactive materials.
27 Trafficking in stolen vehicles.
28 Rape.
29 Arson.
30 Crimes within the jurisdiction of the International Criminal Court.
31 Unlawful seizure of aircraft/ships.
32 Sabotage."

The noble Baroness said: My Lords, I beg to move Amendment No. 328.

Baroness Anelay of St Johns had given notice of her intention to move, as an amendment to Amendment No. 328, Amendment No. 329:


    Line 22, leave out "and xenophobia"

The noble Baroness said: My Lords, the amendment has not been spoken to and it would not be customary to speak again, although we have every right to do so. However, it may be for the convenience of the House if I indicate that since looking again at the Minister's answer when we debated these matters on a previous day, I shall not be returning to this matter at Third Reading.

30 Oct 2003 : Column 419

[Amendment No. 329, as an amendment to Amendment No. 328, not moved.]

On Question, Amendment No. 328 agreed to.

Schedule 2 [Amendments]:

[Amendment No. 330 not moved.]

Criminal Justice Bill

1.18 p.m.

Baroness Scotland of Asthal: My Lords, I beg to move that the Bill be now further considered on Report.

Moved, That the Bill be now further considered on Report.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

Schedule 3 [Allocation of cases triable either way, and sending cases to the Crown Court etc]:

Baroness Scotland of Asthal moved Amendment No. 41:


    Page 190, line 10, leave out ", (1B)"

The noble Baroness said: My Lords, Amendments Nos. 41 to 68 are minor consequential amendments. They fall into two groups. Amendments Nos. 41 to 49 relate to provisions which have already been amended by Part 1 of Schedule 3, which is entitled "Principle amendments". These include certain sections of the Magistrates' Court Act 1980, the Crime and Disorder Act 1998 and the Powers of Criminal Courts (Sentencing) Act 2000. All are minor amendments which are either consequential on some other provisions in the Bill or drafting amendments aimed at greater clarity.

Amendments Nos. 50 to 68 are additions to the list of consequential amendments to other statutes in Part 2 of Schedule 3. The great majority of these are to take account of the abolition of committals to trial and of examining justices and the substitution of the new sending procedure. Amendment No. 242 makes corresponding additions, where necessary, to the repeals listed in Schedule 33.

I apologise that it has proved impossible to observe the convention that amendments should be tabled a week in advance. The reasons for that are straightforward. Most of these amendments are consequential and the task of identifying where they are required and drafting the appropriate amendment was very time consuming. This imposed a considerable burden on officials and draftsmen who also had to work on the substantive parts of the Bill, to which they gave priority. I am sure that your Lordships will agree that that order of priority was justifiable. Of the numerous amendments to Schedule 3, none is substantive in nature.

There are a few more trivial, but very worthwhile, improvements to the drafting of the new provisions on allocation and sending. The remaining amendments, which are the great majority, merely amend existing legislation in line with the changes made by Schedule 3—chiefly, as I said, the abolition of committal proceedings and the introduction of the sending procedure for all cases going to the Crown Court. I beg to move.

30 Oct 2003 : Column 420

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendments Nos. 42 to 68:


    Page 190, line 41, leave out "or (2)"


    Page 197, line 12, leave out "or (2)"


    Page 204, line 20, at end insert ", and


(b) in paragraph (b), for "subsection (7) of that section" there is substituted "section 51D(1) of this Act"."
Page 204, line 21, leave out sub-paragraph (3) and insert—


"( ) In paragraph 2—
(a) in sub-paragraph (1)—
(i) after "51" there is inserted "or 51A",
(ii) for ""subsection (7) of that section" there is substituted "section 51D(1) of this Act",
(b) sub-paragraphs (4) and (5) are omitted.
( ) In paragraph 4, in sub-paragraph (1)(a), after "51" there is inserted "or 51A".
( ) In paragraph 5, in sub-paragraph (2), after "51" there is inserted "or 51A".
( ) Paragraph 6 is amended as follows—
(a) in sub-paragraph (1), after "51" there is inserted "or 51A",
(b) in sub-paragraph (2), for the words from the second "offence" to the end there is substituted "indictable offence for which he was sent for trial or, as the case may be, any of the indictable offences for which he was so sent", and
(c) in sub-paragraph (9), for "indictable-only" there is substituted "indictable"."
Page 204, line 25, at end insert—


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