NOTICES OF AMENDMENTS
given up to and including
Tuesday 1st April 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
CRIMINAL JUSTICE BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the order to be proposed by Mr Secretary Blunkett.
Mr Secretary Blunkett
To move, that the Criminal Justice Bill, as amended, be considered in the following order, namely, New Clauses relating to Part 1, Clauses 1 to 6, Clause 8, Schedule 1, New Clauses relating to Part 3, Clauses 18 to 22, New Clauses relating to Part 4, Clause 23, Schedule 2, Clauses 24 to 26, New Clauses relating to Part 8, Clauses 44 to 49, New Clauses relating to Part 11, Clauses 82 to 98, Schedule 5, Clauses 99 to 120, Schedule 6, Clauses 121 to 126, Clause 7, Clauses 9 and 10, New Clauses relating to Part 2, Clauses 11 to 17, New Clauses relating to Part 5, Clauses 27 to 34, New Clauses relating to Part 6, Clause 35, Schedule 3, New Clauses relating to Part 7, Clauses 36 to 43, New Clauses relating to Part 9, Clauses 50 to 62, New Clauses relating to Part 10, Clause 63, Schedule 4, Clauses 64 to 81, New Clauses relating to Part 12, Clauses 127 to 163, Schedule 7, Clause 164, Schedule 8, Clauses 165 to 171, Schedule 9, Clauses 172 to 176, Schedule 10, Clauses 177 to 201, Schedule 11, Clauses 202 to 206, Schedule 12, Clauses 207 to 211, Schedules 13 and 14, Clause 212, Schedule 15, Clauses 213 to 221, Schedule 16, Clauses 222 to 246, Schedule 17, Clause 247, Schedule 18, Clause 248, Schedules 19 and 20, Clauses 249 to 251, Schedule 21, Clause 252, Schedule 22, Clauses 253 and 254, Schedule 23, Clauses 255 to 258, Schedule 24, Clauses 259 to 265, Schedule 25, Clauses 266 to 268, Schedule 26, Clauses 269 to 273, Schedule 27, Clause 274, Schedule 28, Clause 275, Schedule 29, Clauses 276 to 280, remaining New Clauses, New Schedules, remaining proceedings on the Bill.
NEW CLAUSES RELATING TO PART 1
Taking fingerprints without consent
Mr Secretary Blunkett
NC14
To move the following Clause:—
'(1) Section 61 of the 1984 Act (fingerprinting) is amended as follows.
(2) For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—
"(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
| (a) | he is detained in consequence of his arrest for a recordable offence; and |
| (b) | he has not had his fingerprints taken in the course of the investigation of the offence by the police. |
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
| (a) | he has been charged with a recordable offence or informed that he will be reported for such an offence; and |
| (b) | he has not had his fingerprints taken in the course of the investigation of the offence by the police." |
(3) In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to "subsection (3) above" there is substituted "Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police".
(4) In subsection (5) (authorisation to be given or confirmed in writing) for "subsection (3)(a) or (4A)" there is substituted "subsection (4A)".
(5) In subsection (7) (reasons for taking of fingerprints without consent) for "subsection (3) or (6)" there is substituted "subsection (3), (4) or (6)".'.
Taking non-intimate samples without consent
Mr Secretary Blunkett
NC15
To move the following Clause:—
'(1) Section 63 of the 1984 Act (other samples) is amended as follows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
"(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that—
| (a) | he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or |
| (b) | he has had such a sample taken but it proved insufficient." |
(3) In subsection (3)(a) (taking of samples without appropriate consent) the words "is in police detention or" are omitted.
(4) In subsection (3A) (taking of samples without appropriate consent after charge) for "(whether or not he falls within subsection (3)(a) above)" there is substituted "(whether or not he is in police detention or held in custody by the police on the authority of a court)".
(5) In subsection (8A) (reasons for taking of samples without consent) for "subsection (3A)" there is substituted "subsection (2A), (3A)".'.
Arrest without warrant for arrestable offences
Mr David Cameron
NC20
To move the following Clause:—
'.— After subsection (5) of section 24 of the 1984 Act there is inserted—
| "(5A) | Any person may arrest, without warrant, any person who is accused by an apparently credible witness of having committed an arrestable offence shortly before the accusation is made.".'. |
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath
52
Page 4, line 30, leave out Clause 5.
Simon Hughes
Mr David Heath
Annette Brooke
166
*Page 4, line 36, leave out Clause 6.
Mr Secretary Blunkett
104
Page 160, line 10 [Schedule 1], leave out paragraph 17.
Mr Secretary Blunkett
105
Page 160, line 27 [Schedule 1], at end insert—
| | '17A | In paragraph 17 (access to excluded and special procedure material) after paragraph (b) there is inserted— |
"(bb) section 15 of that Act (safeguards) shall have effect in relation to the issue of any warrant under paragraph 12 of that Schedule to that person as it has effect in relation to the issue of a warrant under that paragraph to a constable;
(bc) section 16 of that Act (execution of warrants) shall have effect in relation to any warrant to enter and search premises that is issued under paragraph 12 of that Schedule (whether to that person or to any other person) in respect of premises in the relevant police area as if references in that section to a constable included references to that person;".'.
Mr Secretary Blunkett
106
Page 160, line 27 [Schedule 1], at end insert—
| | '17B | In paragraph 20 (access and copying in case of things seized by constables) after "by a constable" there is inserted "or by a person authorised to accompany him under section 16(2) of that Act".'. |
Mr Secretary Blunkett
107
Page 160, line 28 [Schedule 1], leave out paragraph 18.
Mr Secretary Blunkett
108
Page 161, line 2 [Schedule 1], at end insert—
| | '18A | After paragraph 24 (extended powers of seizure) there is inserted— |
"Persons accompanying investigating officers
| 24A | (1) | This paragraph applies where a person ("an authorised person") is authorised by virtue of section 16(2) of the 1984 Act to accompany an investigating officer designated for the purposes of paragraph 16 (or 17) in the execution of a warrant. |
| (2) | The reference in paragraph 16(h) (or 17(e)) to the seizure of anything by a designated person in exercise of a particular power includes a reference to the seizure of anything by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act. |
| (3) | In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be read as if it provided for the references to a constable and to an officer in section 21(1) and (2) of the 1984 Act to include references to the authorised person. |
| (4) | The reference in paragraph 16(i) (or 17(f)) to anything seized by a designated person in exercise of a particular power includes a reference to anything seized by the authorised person in exercise of that power by virtue of section 16(2A) of the 1984 Act. |
| (5) | In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is to be read as if it provided for— |
(a) the references to the supervision of a constable in subsections (3) and (4) of section 21 of the 1984 Act to include references to the supervision of a person designated for the purposes of paragraph 16 (or paragraph 17), and
(b) the reference to a constable in subsection (5) of that section to include a reference to such a person or an authorised person accompanying him.
| (6) | Where an authorised person accompanies an investigating officer who is also designated for the purposes of paragraph 24, the references in sub-paragraphs (a) and (b) of that paragraph to the designated person include references to the authorised person.".'. |
Mr Chris Mullin
124
Page 164, line 18 [Schedule 2], leave out from 'section 38(1))' to end of line 19 and insert—
| '(a) | before "the normal powers", there is inserted "Subject to subsection (1CA) below,", |
| (b) | after "section", in the first place where it occurs, there is inserted "37(7)(a).'. |
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