Vote Bundle Text (930401-02)

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

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Mr Chris Mullin

123

Page 164, line 25 [Schedule 2], at end insert—

'(1CA)

Where conditions are imposed by a custody officer, no condition shall apply for more than 28 days from the day on which conditions are first imposed on a person's bail without charge.'.

Mr Chris Mullin

127

Page 164, line 28 [Schedule 2], after 'application', insert 'by a constable or'.

Mr Secretary Blunkett

Page 17, line 16 [Clause 25], at end insert—

'(5A) Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980 (c.43).'

Mr Oliver Letwin
Mr Dominic Grieve
Mr Mark Francois

119

Page 17, line 23, leave out Clause 26.

Mr Secretary Blunkett

Page 32, line 29 [Clause 47], after 'jury', insert '(if there is one)'.

Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell

Page 54, line 11, leave out Clause 85.

Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell

Page 54, line 13 [Clause 85], leave out 'admissible, if, but only if' and insert 'not admissible, unless'.

Mr David Kidney

Page 54 [Clause 85], leave out lines 15 to 27 and insert 'or

(b)	it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant.

(1A) In criminal proceedings evidence of the defendant's bad character is admissible with leave of the court if it is relevant to a matter in issue in the proceedings and—

(a)	the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it,

(b)	it is important explanatory evidence,

(c)	it is evidence of the defendant's conviction for an offence of the same description or of the same category, as the one with which he is charged,

(d)	it is relevant to an important matter in issue between the defendant and the prosecution,

(e)	it is evidence to correct a false impression given by the defendant, or

(f)	the defendant has made an attack on another person's character.

Vera Baird
Chris Mullin
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher

Mr Austin Mitchell

133

Page 54, line 19 [Clause 85], leave out paragraph (d).

Simon Hughes
Mr David Heath
Annette Brooke

168

*Page 54, line 19 [Clause 85], leave out subsections (d), (e) and (f).

Mrs Claire Curtis-Thomas

115

Page 54, line 27 [Clause 85], at end insert—

'(1A) In a case of serious historical complex abuse, evidence of bad character may only be admitted if, in addition to the requirements of this Part, its submission to the court has the consent of the Attorney General.'.

Mr David Kidney

Page 54, line 28 [Clause 85], leave out 'subsection (1)' and insert 'subsections (1) and (1A)'.

Mr David Kidney

Page 54, line 29 [Clause 85], leave out '(1)(d), (e) or (h)' and insert '(1A)(c), (d) or (f)'.

Mr Chris Mullin

126

Page 54, line 29 [Clause 85], leave out '(d), (e) or (h)' and insert '(c), (d), (e), (f) or (h)'.

Mr Oliver Letwin
Mr Iain Duncan Smith
Mr Dominic Grieve
Mr Humfrey Malins
David Maclean
Mr Mark Francois

Page 54, line 30 [Clause 85], leave out from third 'the' to 'that' in line 32 and insert 'potential probative value of such evidence is so outweighed by its prejudicial effect'.

Mr Oliver Letwin
Mr Iain Duncan Smith
Mr Dominic Grieve
Mr Humfrey Malins
David Maclean
Mr Mark Francois

Page 54, line 33 [Clause 85], leave out subsection (4) and insert—

'(4) In considering the probative value of such evidence the court is to have regard, in particular, to

(a)	the extent (if any) to which the evidence tends to suggest that the defendant has a propensity to act in the specific manner alleged;

(b)	any similarities between the facts revealed by the evidence and those now alleged;

(c)	the extent to which any similarities may be attributed to coincidence;

(d)	any dissimilarities between the facts revealed by the evidence and those now alleged, and

(e)	the passage of time between the matters to which the evidence relates and the matters now alleged.

(4A) In considering the prejudicial effect of such evidence the court is to have regard, in particular, to

(a)	the risk of the tribunal of fact attaching undue significance to the evidence in question in determining the defendant's guilt;

(b)	the risk of the tribunal of fact convicting the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matters now alleged;

(c)	any disproportion between the gravity of the conduct revealed by the evidence and the gravity of the matters now alleged; and

(d)	the risk that such evidence will confuse or distract the tribunal of fact.'.

Mr Secretary Blunkett

134A

*Page 54, line 37 [Clause 85], leave out subsection (5).

Mr David Kidney

Transfer Clause 89 to end of line 38 on page 54.

Mrs Claire Curtis-Thomas

116

Page 54, line 38 [Clause 85], at end add—

'(5A) Evidence of the defendant's bad character shall not be admissible in a case that would otherwise be based mainly or entirely on corroboration by volume.'.

Mr Chris Mullin

125

Page 54, line 38 [Clause 85], at end add—

'(6)	A person shall not be convicted of an offence solely on the basis of evidence of his bad character.'.

Mr David Kidney

Page 54, line 40 [Clause 86], leave out '(1)(c)' and insert '(1A)(b)'.

Vera Baird
Chris Mullin
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher

Mr Austin Mitchell

134

Page 55, line 1, leave out Clause 87.

Mr David Kidney

Page 55, line 2 [Clause 87], leave out '(1)(d)' and insert '(1A)(c)'.

Mr Secretary Blunkett

Page 55, line 4 [Clause 87], leave out 'an information' and insert 'a written charge'.

Mr David Kidney

Page 55, line 11 [Clause 87], leave out '(1)(d)' and insert '(1A)(c)'.

Mr David Kidney

Page 55, line 13 [Clause 88], leave out '(1)(e)' and insert '(1A)(d)'.

Mr David Kidney

Page 55, line 22 [Clause 88], leave out '(1)(e)' and insert '(1A)(d)'.

Mr David Kidney

Page 55, line 25 [Clause 89], leave out '(f)' and insert '(b)'.

Mr David Kidney

Page 55, line 32 [Clause 89], leave out '(f)' and insert '(b)'.

Mr David Kidney

Page 55, line 34 [Clause 90], leave out '(1)(g)' and insert '(1A)(e)'.

Mr David Kidney

Page 56, line 21 [Clause 90], leave out '(1)(g)' and insert '(1A)(e)'.

Mr David Kidney

Page 56, line 23 [Clause 90], leave out '(1)(g)' and insert '(1A)(e)'.

Mr David Kidney

Page 56, line 25 [Clause 91], leave out '(1)(h)' and insert '(1A)(f)'.

Mr Secretary Blunkett

135

*Page 56, line 28 [Clause 91], after 'he' insert '(or any legal representative appointed under section 38(4) of the Youth Justice and Criminal Evidence Act 1999 (c.23) to cross-examine a witness in his interests)'.

Mr David Kidney

Page 56, line 43 [Clause 91], leave out '(1)(h)' and insert '(1A)(f)'.

Mr David Kidney

Page 57, line 3 [Clause 92], leave out from 'under' to 'and' in line 4 and insert 'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.

Mr David Kidney

Page 57, line 25 [Clause 92], leave out from 'under' to 'and' in line 26 and insert 'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.

Mr David Kidney

Page 58, line 30 [Clause 96], leave out '(f)' and insert '(b)'.