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115APage 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"

Baroness Scotland of Asthal: My Lords, I beg to move that the House do not insist on its Amendment No. 115 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 115A to the words so restored to the Bill.

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Moved, That the House do not insist on its Amendment No. 115 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 115A to the words so restored to the Bill.—(Baroness Scotland of Asthal.)


115BLord Kingsland rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 115 and do agree with the Commons in their Amendment No. 115A to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 115".

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114. I beg to move.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 115 and do agree with the Commons in their Amendment No. 115A to the words so restored to the Bill, leave out from "House" to end and insert "do insist on its Amendment No. 115".—(Lord Kingsland.)

On Question, amendment agreed to.

Motion, as amended, agreed to.

LORDS AMENDMENT

116Leave out Clause 91 The Commons disagree to this amendment for the following reason—


116ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

Baroness Scotland of Asthal: My Lords, I beg to move that the House do not insist on its Amendment No. 116 to which the Commons have disagreed for their reason numbered 116A.

Moved, That the House do not insist on its Amendment No. 116 to which the Commons have disagreed for their reason numbered 116A.—(Baroness Scotland of Asthal.)


116BLord Kingsland rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 116 to which the Commons have disagreed for their reason numbered 116A, leave out "not".

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114. I beg to move.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 116 to which the Commons have disagreed for their reason numbered 116A, leave out "not".—(Lord Kingsland.)

On Question, amendment agreed to.

Motion, as amended, agreed to.

LORDS AMENDMENT

117Leave out Clause 92 The Commons disagree to this amendment for the following reason—


117ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

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Baroness Scotland of Asthal: My Lords, I beg to move that the House do not insist on its Amendment No. 117 to which the Commons have disagreed for their reason numbered 117A.

Moved, That the House do not insist on its Amendment No. 117 to which the Commons have disagreed for their reason numbered 117A.—(Baroness Scotland of Asthal.)


117BLord Kingsland rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 117 to which the Commons have disagreed for their reason numbered 117A, leave out "not".

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114. I beg to move.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 117 to which the Commons have disagreed for their reason numbered 117A, leave out "not".—(Lord Kingsland.)

On Question, amendment agreed to.

Motion, as amended, agreed to.

LORDS AMENDMENT

118Leave out Clause 93 The Commons disagree to this amendment for the following reason—


118ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on its Amendment No. 118 to which the Commons have disagreed for their reason numbered 118A, but do propose the following amendments to the words so restored to the Bill:


118CPage 62, leave out lines 16 to 18
118DPage 62, line 26, leave out "(d),"

Moved, That the House do not insist on its Amendment No. 118 to which the Commons have disagreed for their reason numbered 118A but do propose Amendments Nos. 118C and 118D to the words so restored to the Bill.—(Lord Bassam of Brighton.)


118ELord Kingsland rose to move, as an amendment to the Motion, leave out from "House" to end and insert "do insist on its Amendment No. 118.

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114. I beg to move.

Moved, as an amendment to the Motion, leave out from "House to end and insert "do insist on its Amendment No. 118.—(Lord Kingsland.)

On Question, amendment agreed to.

Motion, as amended, agreed to.

LORDS AMENDMENT

119Leave out Clause 94 The Commons disagree to this amendment for the following reason—


119ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

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Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on its Amendment No. 119 to which the Commons have disagreed for their reason numbered 119A.

Moved, That the House do not insist on its Amendment No. 119 to which the Commons have disagreed for their reason numbered 119A.—(Lord Bassam of Brighton.)


119BLord Kingsland rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 119 to which the Commons have disagreed for their reason numbered 119A, leave out "not".

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114. I beg to move.

Moved, as an amendment to the Motion that the House do not insist on its Amendment No. 119 to which the Commons have disagreed for their reason numbered 119A, leave out "not".—(Lord Kingsland.)

On Question, amendment agreed to.

Motion, as amended, agreed to.

LORDS AMENDMENT

120Leave out Clause 95 The Commons disagree to this amendment for the following reason—


120ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on its Amendment No. 120 to which the Commons have disagreed for their reason numbered 120A.

Moved, That the House do not insist on its Amendment No. 120 to which the Commons have disagreed for their reason numbered 120A.—(Lord Bassam of Brighton.)

On Question, Motion agreed to.

LORDS AMENDMENT

121Leave out Clause 96 The Commons disagree to this amendment for the following reason—


121ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character.

Lord Bassam of Brighton: My Lords, I beg to move that the House do not insist on its Amendment No. 121 to which the Commons have disagreed for their reason numbered 121A, but do propose Amendment No. 121C to the words so restored to the Bill, and do propose Amendments Nos. 121D to 121F as amendments consequential on Amendment No. 121C:


121CPage 63, line 19, at end insert— "(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.

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(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."


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