CRIMINAL JUSTICE BILL - GOVERNMENT AMENDMENTS
FOR REPORT STAGE
1. The Committee reported on this bill in our
21st (HL Paper 31) and 23rd Reports (HL Paper 144) of this Session.
2. The Committee has received two letters (with
accompanying supplementary memoranda) from Baroness Scotland of
Asthal QC, Minister of State at the Home Office, concerning amendments
to be considered at Report Stage. The first, dated 27 October
and printed at Annex 1 to this Report, explains new provision
for a right of prosecution appeal against evidentiary rulings
which significantly weaken the prosecution case. It was proposed
that the new provision should apply to certain "qualifying
offences", the list of which should be amendable by delegated
power subject to the negative procedure. A letter in response
was sent by the Chairman, on behalf of the Committee, dated 28
October. A copy of the letter is printed at Annex 1 to this Report.
The amendment was before the House of Lords on 30 October but
not moved (HL Deb, cols. 458-60).
3. The second letter, dated 31 October and also
printed at Annex 1 to this Report, explains new provision relating
to, first, the extended sentencing regime for certain firearms
offences and, second, the early release of prisoners liable to
removal from the United Kingdom. We find the delegation and the
level of parliamentary scrutiny (affirmative procedure) in each
case to be appropriate.