Amendments proposed to the Criminal Justice Bill - continued House of Commons

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Mr Graham Allen

111

Clause     265,     page     147,     line     31,     at end add 'and—

(c) may be exercised for the purpose of improving incentives for the collection of fines.'.

   

Simon Hughes
Mr David Heath

937

Clause     265,     page     147,     line     32,     leave out subsection (4).

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Simon Hughes
Mr David Heath

676

Clause     265,     page     147,     leave out line 40.

   

Hilary Benn

753

Clause     265,     page     148,     line     3,     at end insert—

'section (Fine defaulters: driving disqualification)(5),'.   

Hilary Benn

754

Clause     265,     page     148,     line     4,     after '262(7),' insert—

'paragraph 5 of Schedule (Default orders: modification of provisions relating to community orders),'.   

Simon Hughes
Mr David Heath

938

Clause     265,     page     148,     line     4,     leave out ', or' and insert ', Section 268(1), or'.

   

Hilary Benn

965

Clause     265,     page     148,     line     16,     leave out 'section 262(6)(i)' and insert 'section 262(6)(h)'.


   

Hilary Benn

44

Schedule     25,     page     274,     line     35,     at end insert—

'(1A) In subsection (1)(g) after "examination)" there is inserted ", section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc)".'

   

Hilary Benn

45

Schedule     25,     page     274,     line     38,     leave out 'or'.

   

Hilary Benn

46

Schedule     25,     page     274,     line     38,     at end insert—

'(2A) In subsection (1)(g) after sub-paragraph (iii) there is inserted "or

    (iiia)   section 24C (intention as to plea by child or young person: adjournment);".'

   

Hilary Benn

957

Schedule     25,     page     274,     line     38,     at end insert—

'Part 1A

Charging etc

Criminal Law Act 1977 (c. 45)

 2A In section 39 of the Criminal Law Act 1977 (service of summons and citation throughout United Kingdom) for subsection (1) there is substituted—

    "(1)   The following documents, namely—

(a) a summons requiring a person charged with an offence to appear before a court in England or Wales,

(b) a written charge (within the meaning of section 24 of the Criminal Justice Act 2003) charging a person with an offence,

(c) a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales, and

(d) any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) or (c) above,

may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland."

Magistrates' Courts Act 1980 (c. 43)

 2B The Magistrates' Courts Act 1980 is amended as follows.

2C (1) Section 1 (issue of summons to accused or warrant for his arrest) is amended as follows.

(2) In subsection (3) after "section" there is inserted "upon an information being laid".

(3) In subsection (4) after "summons" there is inserted ", or a written charge and requisition,".

(4) In subsection (6) after "has" there is inserted ", or a written charge and requisition have,".

(5) After subsection (6) there is inserted—

    "(6A)   Where the offence charged is an indictable offence and a written charge and requisition have previously been issued, a warrant may be issued under this section by a justice of the peace upon a copy of the written charge (rather than an information) being laid before the justice by a public prosecutor."

(6) After subsection (7) there is inserted—

    "(7A)   For the purposes of subsection (6A) above, a copy of a written charge may be laid before, and a warrant under this section may be issued by, a single justice of the peace."

 2D In section 150(1) (interpretation of other terms) after the definition of "prescribed" there is inserted—

""public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003;"

Prosecution of Offences Act 1985 (c. 23)

2E (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation) is amended as follows.

(2) In subsection (1) after the definition of "public authority" there is inserted—

 ""public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003;".

(3) In subsection (2), after paragraph (b) there is inserted—

"(ba) where a public prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;".

Criminal Justice (International Co-operation) Act 1990 (c. 5)

 2F In section 2(1) of the Criminal Justice (International Co-operation) Act 1990 (service of United Kingdom process overseas) after paragraph (a) there is inserted—

"(aa) a written charge and requisition (within the meaning of section 24 of the Criminal Justice Act 2003) charging a person with an offence and requiring that person to appear before a court in England and Wales; and".

Criminal Justice and Public Order Act 1994 (c. 33)

2G (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation, etc, of witnesses, jurors and others) is amended as follows.

(2) In subsection (9), for the word "and" at the end of the definition of "potential" there is substituted—

 ""public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003;".

(3) In subsection (10)(a), after sub-paragraph (i) there is inserted—

"(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;".

Drug Trafficking Act 1994 (c. 37)

2H (1) Section 60 of the Drug Trafficking Act 1994 (prosecution by order of Commissioners of Customs and Excise) is amended as follows.

(2) In subsection (6) for the word "and" at the end of the definition of "officer" there is subsituted—

 ""public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003;".

(3) In subsection (6A), after paragraph (a) there is inserted—

"(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;".

Merchant Shipping Act 1995 (c. 21)

2I (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

(2) In subsection (2)(a), after sub-paragraph (i) there is inserted—

"(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;".

(3) After subsection (2) there is inserted—

    "(2A)   In subsection (2) above "public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003."

Terrorism Act 2000 (c. 11)

2J (1) Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an offence: timing) is amended as follows.

(2) In sub-paragraph (1), after paragraph (a) there is inserted—

"(aa)   when a public prosecutor issues a written charge and requisition in respect of the offence;".

(3) After sub-paragraph (2) there is inserted—

    "(2A)   In sub-paragraph (1) "public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003."

Proceeds of Crime Act 2002 (c. 29)

2K (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

(2) In subsection (1), after paragraph (a) there is inserted—

"(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;".

(3) After subsection (8) there is inserted—

    "(9)   In this section "public prosecutor", "requisition" and "written charge" have the same meaning as in section 24 of the Criminal Justice Act 2003.".'.

   

Hilary Benn

1005

*Schedule     25,     page     276,     line     34,     at end insert—

'Indictments Act 1915 (c. 90)

24A (1) Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.

(2) In subsection (5)(a) for "are to" there is substituted "(if there is one)".

(3) In subsection (5)(b) after "discharged" there is inserted "under paragraph (a)".

Criminal Law Act 1967 (c. 58)

24B  In section 6(4) of the Criminal Law Act 1967 (trial of offences) after "jury" there is inserted "or otherwise act".

Criminal Justice Act 1967 (c. 80)

24C  In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—

(a)   for "the defendant being given in charge to a jury" there is substituted "any further steps being taken in the proceedings", and

(b)   after "verdict of a jury" there is inserted "or a court".

Criminal Appeal Act 1968 (c. 19)

24D  In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

(a)   for "the jury were discharged from giving a verdict" there is substituted "no verdict was given", and

(b)   for "convicting him" there is substituted "his being convicted".'.

 
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