Crime and Courts Bill [HL]

FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 20th November 2012, as follows—

Schedule 17
Clauses 26 to 28
Schedule 14
Clause 29
Schedule 15
Clause 30
Schedule 18
Clauses 31 to 33

[Amendments marked * are new or have been altered]

Schedule 17

LORD BEECHAM

LORD ROSSER

116DA

Page 262, line 43, at end insert—

“( ) The Code shall not come into effect until it has been laid before Parliament, and debated by both Houses.”

116DB

Page 263, line 8, at end insert—

“( ) The new Code shall not be implemented until it has been laid before Parliament, and debated by both Houses.”

LORD GOLDSMITH

116E

Page 269, line 34, leave out “of financial or economic crime”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

117

Transpose Schedule 17 to before Schedule 14

Before Clause 26

LORD TAYLOR OF HOLBEACH

118

Insert the following new Clause—

“Immigration cases: appeal rights; and facilitating combined appeals

(1) In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act”.

(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a) in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b) in the title, for “96 to” substitute “97 and”.

(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

“(1) Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

(a) in the document containing that notice,

(b) in a document enclosed in the same envelope as that document,

(c) otherwise on the occasion when that notice is given to the person, or

(d) at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person’s leave to enter or remain in the United Kingdom expires.

(1A) In subsection (1) “pre-removal decision” means—

(a) a decision on an application—

(i) for variation of limited leave to enter or remain in the United Kingdom, and

(ii) made before the leave expires,

(b) a decision to revoke a person’s leave to enter or remain in the United Kingdom, or

(c) a decision to vary a person’s leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.””

Clause 26

BARONESS SMITH OF BASILDON

LORD ROSSER

118ZA*

Page 23, line 26, at end insert—

“(6A) After section 50(2)(c) of the 2006 Act (procedure), insert—

“(2A) In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Secretary of State may make provision for the communication of an immigration officer with the applicant before a decision is taken in respect of that application or claim.

(2B) Provisions under subsection (2A) may include communication with the individual so as to obtain additional information relevant to their application or claim.”

(6B) Before the coming into force of this section, the Secretary of State must make provision for communication between an immigration officer and the applicant for the purposes of obtaining further necessary information not included in the original application, as provided for under section 50(2A) and (2B) of the 2006 Act.”

LORD AVEBURY

118A

Page 23, line 32, at end insert—

“( ) This section shall not have effect in relation to an appeal against a refusal of entry clearance where that decision was taken wholly or partly on a general ground for refusal in rules as laid by the Secretary of State for the purposes of section 1(4) of the Immigration Act 1971.”

118B

Leave out Clause 26

Clause 27

LORD AVEBURY

118C

Page 24, line 17, at end insert—

“(4) This section does not apply if—

(a) the person concerned is stateless,

(b) the person concerned has previously made an asylum claim or a human rights claim and been granted leave on that basis, or

(c) the person concerned asserts in his or her grounds of appeal an asylum claim or a human rights claim.”

118D

Leave out Clause 27

Clause 29

BARONESS MEACHER

118E

Page 28, line 24, leave out “controlled” and insert “psychoactive”

118F

[Withdrawn]

118G*

Page 28, line 25, after “if” insert—

“(a) D has been involved in a road traffic accident, or

(b) E is in charge of a vehicle and the roadside evidence suggests D is impaired due to alcohol or a drug,”

BARONESS SMITH OF BASILDON

LORD ROSSER

118H*

Page 28, leave out lines 31 to 35

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

118J*

Page 28, line 31, after “drug” insert “substantially”

BARONESS SMITH OF BASILDON

LORD ROSSER

118K*

Page 28, line 43, leave out from beginning to end of line 2 on page 29 and insert—

“(a) knowingly contrary to any advice (which may take account of any accompanying instructions given by the manufacturer or distributor of the drug), given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or”

118L*

Page 29, leave out lines 3 to 5

BARONESS HAMWEE

LORD MARKS OF HENLEY-ON-THAMES

118M*

Page 29, line 9, at end insert—

“(5A) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1) to prove that, at the time D is alleged to have committed the offence, the drug was in D’s body as a result of the intervention of a third party without D’s knowledge or consent.”

118N*

Page 29, line 23, at end insert—

“( ) Before regulations under subsection (8) are laid before Parliament, the Secretary of State shall publish a report regarding the controlled drug proposed to be specified and the limit proposed to be specified.”

118P*

Page 29, line 23, at end insert—

“( ) Regulations made under subsection (8) shall apply only to a single specified controlled drug.”

After Clause 29

LORD DEAR

BARONESS KENNEDY OF THE SHAWS

LORD MACDONALD OF RIVER GLAVEN

LORD MACKAY OF CLASHFERN

119

Insert the following new Clause—

“Public order

Public order offences

(1) The Public Order Act 1986 is amended as follows.

(2) In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.

(3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.”

LORD BEECHAM

LORD ROSSER

119A

Insert the following new Clause—

“Criminal liability

A corporation may be held criminally liable for the illegal acts of its directors, officers, employees, and agents where the act is committed during the performance of duties which are intended, at least in part, to benefit the corporation.”

Clause 30

LORD TAYLOR OF HOLBEACH

120

Page 30, line 43, after “30” insert “or 30A”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

120A

Page 31, line 6, at end insert—

“( ) an order under paragraph 76E of Schedule 12;”

LORD BEECHAM

LORD ROSSER

120B

Page 31, line 14, at end insert—

“(4A) An order under section 23(1) may not take effect unless the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 33

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

121

Page 32, line 41, after “17” insert “and 18”

122

Page 32, line 41, after second “to” insert “11, 12 and”

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122A

Page 33, line 1, leave out “Section 21(2) comes” and insert “Sections 21(2) and (Abolition of scandalising the judiciary as form of contempt of court) come”

BARONESS DEECH

122AA

Page 33, line 16, at end insert—

“( ) section (Appeals relating to regulation of the Bar);”

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122B

Page 33, line 17, at end insert—

“( ) section (Abolition of scandalising the judiciary as form of contempt of court);”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

122C

Page 33, line 33, at end insert—

“( ) Subsection (11) applies to section (Use of force in self-defence at place of residence) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.”

123

Page 33, line 34, after “apply” insert “to amendments made by section (Disclosure of information to facilitate collection of fines and other sums)(13) and (14) or”

LORD TAYLOR OF HOLBEACH

124

Page 33, line 38, after “section” insert “(Immigration cases: rights of appeal; and facilitating combined appeals),”

Prepared 11th December 2012