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Baroness Scotland of Asthal: My Lords, I could not possibly comment, but I would not be surprised if the noble Baroness's description was an accurate one of what we have just done.

On Question, amendment agreed to.

Clause 276 [Interpretation of Part 11]:

Baroness Scotland of Asthal moved Amendments Nos. 75 to 78:



    Page 168, line 32, leave out from beginning to "or".


    Page 168, line 47, leave out from beginning to "or".


    Page 169, line 7, leave out from "order" to "or" in line 8.

On Question, amendments agreed to.

Clause 299 [Section 297: interpretation]:

Baroness Scotland of Asthal moved Amendments Nos. 79 to 81:


    Page 182, line 39, leave out "such".


    Page 183, line 1, after "if" insert "(a)"


    Page 183, line 3, at end insert "or


(b) an order under section 29A of that Act has been made in respect of him."

On Question, amendments agreed to.

Clause 301 [Civil proceedings for trespass to the person brought by offender]:

Baroness Scotland of Asthal moved Amendment No. 82:


    Page 183, line 15, after "convicted" insert "in the United Kingdom".

The noble Baroness said: My Lords, these are minor technical amendments to Clause 301. I beg to move.

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendment No. 83:


    Page 184, line 1, at end insert—


"(6A) Where—
(a) in service disciplinary proceedings, as defined by section 276(1), a person has been found guilty of an offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53), and
(b) the corresponding civil offence (within the meaning of that Act) was an imprisonable offence,
he is to be treated for the purposes of this section as having been convicted in the United Kingdom of the corresponding civil offence."

On Question, amendment agreed to.

17 Nov 2003 : Column 1818

Clause 302 [Orders and rules]:

Lord Thomas of Gresford moved Amendment No. 84:


    Page 184, line 20, leave out from "power" to second "is"

The noble Lord said: My Lords, the amendment relates to the powers of the parole board under the Bill. Under Clause 211(2), it is the duty—

Baroness Scotland of Asthal: My Lords, I do not like to interrupt the noble Lord, but may I indicate that I intend to give him the pleasure of accepting the amendment, so perhaps he could shorten what he wishes to say in its support?

Lord Thomas of Gresford: My Lords, I am so disappointed that I cannot explain the amendment to your Lordships. What is a victory without your understanding? I am most grateful. I beg to move.

On Question, amendment agreed to.

Clause 308 [Commencement]:

Baroness Scotland of Asthal moved Amendments Nos. 85 to 87:


    Page 187, line 6, leave out "279" and insert "279(1) to (3), (5) and (6)".


    Page 187, line 17, leave out "two" and insert "four".


    Page 187, line 18, at end insert "(and Schedules 20 and 21)".

On Question, amendments agreed to.

Clause 309 [Extent]:

Baroness Scotland of Asthal moved Amendment No. 88:


    Page 188, line 27, at end insert " (except as mentioned in subsection (7A))".

The noble Baroness said: Amendments Nos. 88 to 91, 93 to 106 and 125 to 146 are all consequential amendments. Amendments Nos. 93 to 106 are additions to the consequential amendments listed in Part 2 of Schedule 3 for allocation and sending. Amendments Nos. 125 to 146 make corresponding additions where necessary to the repeals Schedule 35. Amendments Nos. 88 to 91 amend Clause 309, which deals with extent, so as to preserve the amended or repealed provisions, where necessary, in Northern Ireland. I beg to move.

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendments Nos. 89 to 92:


    Page 188, line 32, leave out "to 3" and insert "to 4"


    Page 188, line 32, at end insert "(except as mentioned in subsection (7B))"


    Page 188, line 34, at end insert—


"(7A) Paragraphs 29, 30, 31, 37, 38, 46, 49 and 58A of Schedule 3 do not extend to Northern Ireland.
(7B) The repeals in Part 4 of Schedule 35 relating to—
(a) the Bankers' Books Evidence Act 1879 (c. 11),
(b) the Explosive Substances Act 1883 (c. 3),
(c) the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45),
(d) the Customs and Excise Management Act 1979 (c. 2), and
(e) the Contempt of Court Act 1981 (c. 49),
do not extend to Northern Ireland."

17 Nov 2003 : Column 1819

Page 188, line 42, at end insert "or


(b) the extent of section (Disqualification from working with children) and Schedule (Disqualification from working with children) so far as relating to the making of orders by, or orders made by, courts-martial or the Courts-Martial Appeal Court".

On Question, amendments agreed to.

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

Baroness Scotland of Asthal moved Amendments Nos. 93 to 106:


    Page 212, line 11, leave out from "1956," to end of line 14 and insert "the Protection of Children Act 1978 or the Sexual Offences Act 2003;"


    Page 226, line 7, at end insert—

"Army Act 1955 (3 & 4 Eliz. 2 c. 18)

In section 187 of the Army 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."
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." " Page 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." " Page 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." Page 227, leave out line 29 and insert—


"( ) after "under" there is inserted "section 52(5) of the Crime and Disorder Act 1998,"," Page 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),"."

17 Nov 2003 : Column 1820

Page 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"." Page 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." Page 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."" Page 230, line 35, at end insert ", and


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