Vote Bundle Text (930401-06)

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

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Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 28, line 3 [Clause 40], leave out subsection (7) and insert—

'(7) Any new trial by judge alone must take place in front of a different judge.'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 28, line 31 [Clause 42], leave out subsection (1).

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 28, line 33 [Clause 42], leave out 'trial' and insert 're-trial'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 28, line 34 [Clause 42], leave out 'be continued' and insert 'take place'.

Mrs Claire Curtis-Thomas

114

Page 39, line 31 [Clause 61], at end add 'or (anonymity of defendants in sexual offence cases)'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 41, line 7 [Clause 63], leave out 'a qualifying offence' and insert 'murder or rape, contrary to section 1 of the Sexual Offences Act 1956'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 188, line 1, leave out Schedule 4.

Vera Baird
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher
Denzil Davies

Mr Austin Mitchell

129

Page 188, line 8 [Schedule 4], leave out paragraph 2.

Vera Baird
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher
Denzil Davies

Mr Austin Mitchell

130

Page 188, line 16 [Schedule 4], leave out paragraphs 5 and 6.

Vera Baird
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher
Denzil Davies

Mr Austin Mitchell

131

Page 188, line 23 [Schedule 4], leave out paragraphs 8 to 18.

Vera Baird
Tony Wright
Mr Robert Marshall-Andrews
Mr Neil Gerrard
Mr Mark Fisher
Denzil Davies

Mr Austin Mitchell

132

Page 190, line 7 [Schedule 4], leave out paragraphs 21 to 29.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 42, line 41 [Clause 66], leave out 'is' and insert 'appears to be'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 43, line 1 [Clause 66], leave out 'is' and insert 'appears to be'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 43, line 2 [Clause 66], leave out paragraph (c) and insert—

'(c)	it is material which a jury properly directed might reasonably convict.'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 47, line 44 [Clause 73], leave out 'and'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 47, line 45 [Clause 73], at end insert ', and

(c)	has sought leave from a judge of the Crown Court on an ex-parte application.'.

NEW CLAUSES RELATING TO PART 12

Increase in sentences for hate crimes

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

NC6

To move the following Clause:—

'(1) In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2), the court—

(a)	must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and

(b)	must state in open court that the offence was so aggravated.

(2) An offence is to be considered a hate crime for the purposes of section if—

(a)	at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's actual or perceived race, religion, gender, disability, or sexual orientation; or

(b)	the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability, or sexual orientation.

(3) In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.'.

Prohibition on mandatory sentences

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

NC7

To move the following Clause:—

'(1) There shall be no mandatory sentences.

(2) In section 1 (Abolition of death penalty for murder) of the Murder (Abolition of Death Penalty) Act 1965 there is substituted:

"(1)	No person shall suffer death for murder, and a person convicted of murder may be sentenced to imprisonment for life."

(3) Sections 110 and 111 of the Powers of Criminal Courts (Sentencing) Act 2000 are repealed.'.

Penalty for causing death by dangerous driving

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

NC9

To move the following Clause:—

'In Part I of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for "10 years" there shall be substituted "14 years".'.

Abolition of imprisonment for fine default

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

NC10

To move the following Clause:—

'No offender shall be committed to custody in default of a fine.'.

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

Page 76, line 30, [Clause 128], after 'offence', insert ', the level of violence used by the offender in committing the offence'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 81, line 8, leave out Clause 140.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 89, line 33, [Clause 154], leave out 'as definitive guidelines.'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

Page 89, line 33, [Clause 154], at end insert—

'(10) The guidelines shall be laid before each House of Parliament and examined by the appropriate committee of the House, which shall report thereon if it thinks fit.

(11) The guidelines shall come into force only after approval by both Houses of Parliament.'.

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

Page 94, line 38, [Clause 166], at end insert—

'( ) This section shall not be brought into force under section 278(2) of this Act until the Secretary of State has put in place sufficient funding arrangements for the National Probation Service to cover the cost of implementing custody plus orders imposed under this section.'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Mark Francois

120

Page 253, line 25 [Schedule 19], leave out paragraph 94.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 266, line 23 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin only'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 266, line 44 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois

Page 267, line 5 [Schedule 22], after 'substituted', insert 'in the case of cannabis or cannabis resin only'.

Mr Secretary Blunkett

103

Page 302, line 22 [Schedule 27], at end insert—

'33A (1)

Section 77 (orders and regulations) is amended as follows.

(2)	In subsection (5)—

(3)	In subsection (6)(b) after "regulations" there is inserted "(other than regulations under section 6A)".'

Mr Secretary Blunkett

140

*Page 306, line 28 [Schedule 27], at end insert—

'Army Act 1955 (c. 18)

66A

In section 99(1) of the Army Act 1955 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Air Force Act 1955 (c. 19)

66B

In section 99(1) of the Air Force Act 1955 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Naval Discipline Act 1957 (c. 53)

66C

In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Armed Forces Act 1976 (c. 52)

66D

In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of evidence) after "paragraph 12 below" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".'.