Previous Section Back to Table of Contents Lords Hansard Home Page



( ) in subsection (7), for the words from "inquire" to "1980" there is substituted "send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998", and in paragraph (b) of that subsection, the words "where the court proceeds under subsection (1) of that section" are omitted." Page 233, line 14, at end insert—

"Sexual Offences (Amendment) Act 1992 (c. 34)

58A In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for "commits him" there is substituted "sends him to the Crown Court"." Page 233, line 31, at end insert—

"Reserve Forces Act 1996 (c. 14)

In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), in paragraph 3, after sub-paragraph (2) there is inserted—
"(2A) The reference in sub-paragraph (2) to provisions of the Magistrates' Courts Act 1980 is to be taken to refer to those provisions as if no amendment to them had been made by the Criminal Justice Act 2003."" Page 234, line 16, at end insert—

"Sexual Offences (Protected Material) Act 1997 (c. 39)

In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted." Page 236, line 7, at end insert—

"Proceeds of Crime Act 2002 (c. 29)

( ) The Proceeds of Crime Act 2002 is amended as follows.
( ) In section 6 (making of confiscation order), in subsection (2)(b), for "section 3, 4 or 6" there is substituted "section 3, 3A, 3B, 3C, 4, 4A or 6".
( ) In section 27 (defendant absconds after being convicted or committed), in subsection (2)(b), for "section 3, 4 or 6" there is substituted "section 3, 3A, 3B, 3C, 4, 4A or 6".
( ) In section 70 (committal by magistrates' court), in subsection (5), after "way)" there is inserted "or under section 3B(2) of that Act (committal of child or young person)"."

On Question, amendments agreed to.

17 Nov 2003 : Column 1821

Baroness Scotland of Asthal moved Amendment No. 107:


    Before Schedule 4, insert the following new schedule—

"SCHEDULE
QUALIFYING OFFENCES FOR PURPOSES OF SECTION (APPEALS IN RESPECT OFEVIDENTIARY RULINGS)
PART 1
LIST OF OFFENCES
Offences Against the Person

Murder


    1 Murder.


    Attempted murder


    2 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.


    Soliciting murder


    3 An offence under section 4 of the Offences against the Person Act 1861 (c. 100).


    Manslaughter


4 Manslaughter. Wounding or causing grievous bodily harm with intent


    5 An offence under section 18 of the Offences against the Person Act 1861 (c. 100).


    Kidnapping


6 Kidnapping.

Sexual Offences

Rape


    7 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.

Attempted Rape

8 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 1 of the Sexual Offences Act 1956 (c. 69) or section 1 of the Sexual Offences Act 2003.

Intercourse with a girl under thirteen

9 An offence under section 5 of the Sexual Offences Act 1956 (c. 69).

Incest by a man with a girl under thirteen

10 An offence under section 10 of the Sexual Offences Act 1956 (c. 69) alleged to have been committed with a girl under thirteen.

Assault by penetration

11 An offence under section 2 of the Sexual Offences Act 2003.

Causing a person to engage in sexual activity without consent

12 An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Rape of a child under thirteen

13 An offence under section 5 of the Sexual Offences Act 2003.

Attempted rape of a child under thirteen

14 An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence under section 5 of the Sexual Offences Act 2003.

Assault of a child under thirteen by penetration

15 An offence under section 6 of the Sexual Offences Act 2003.

17 Nov 2003 : Column 1822

Causing or inciting a child under thirteen to engage in sexual activity

16 An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Sexual activity with a person with a mental disorder

17 An offence under section 31 of the Sexual Offences Act 2003 where it is alleged that the touching involved penetration within subsection (4)(a) to (d) of that section.

Causing or inciting a person with a mental disorder to engage in sexual activity

18 An offence under section 32 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (4)(a) to (d) of that section was caused.

Drugs Offences
Unlawful importation of Class A drug

19 An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug

20 An offence under section 68(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Fraudulent evasion in respect of Class A drug

21 An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Producing or being concerned in production of Class A drug

22 An offence under section 4(2) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Supplying or offering to supply Class A drug

23 An offence under section 4(3) of the Misuse of Drugs Act 1971 (c. 38) alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Theft Offences
Robbery

24 An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27)).

Criminal Damage Offences
Arson endangering life

25 An offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property

26 An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property

27 An offence under section 3(1)(a) of the Explosive Substances Act 1883 (c. 3).

War Crimes and Terrorism
Genocide, crimes against humanity and war crimes

28 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

17 Nov 2003 : Column 1823

Grave breaches of the Geneva Conventions

29 An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation

30 An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking

31 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security
Hijacking of aircraft

32 An offence under section 1 of the Aviation Security Act 1982 (c. 36).

Destroying, damaging or endangering the safety of an aircraft

33 An offence under section 2 of the Aviation Security Act 1982 (c. 36).

Hijacking of ships

34 An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).


Next Section Back to Table of Contents Lords Hansard Home Page