NOTICES OF AMENDMENTS

given up to and including

Tuesday 13th May 2003

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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.

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)".'.

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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)".'.

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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.".'.

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Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath

Annette Brooke

122

Page     5,     line     18     [Clause     7],     leave out 'and' and insert—

'(ba)

The Law Society of England and Wales,

(bb)	The Bar Council,

(bc)	The Institute of Legal Executives, and'.

   

Simon Hughes
Mr David Heath
Annette Brooke

167

Page     5,     line     18     [Clause     7],     leave out 'and' and insert—

'(ba)

the Home Affairs Committee'.

   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath

Annette Brooke

54

Page     5,     line     21     [Clause     7],     at end insert—

    '(6)   No code or revised code issued under this section shall have effect until approved by a resolution of each House of Parliament.'.

   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath

Annette Brooke

55

Page     5,     line     36     [Clause     7],     at end insert—

    '(7A)   No code or revised code issued under this section shall have effect until approved by resolution of each House of Parliament.'.

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Simon Hughes
Mr David Heath
Annette Brooke

169

Page     6,     line     2,     leave out Clause 9.

   

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

57

Page     6,     line     7     [Clause     9],     leave out second 'a' and insert 'such'.

   

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

58

Page     6,     line     7     [Clause     9],     leave out second 'drug' and insert 'drugs'.

   

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

59

Page     6,     line     8     [Clause     9],     at end insert 'as are identified as cannabis or cannabis resin'.

   

Simon Hughes
Mr David Heath
Annette Brooke

170

Page     6,     line     41     [Clause     10],     leave out 'different' and insert 'higher'.

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Mr Secretary Blunkett

231

Page     7,     line     26     [Clause     10],     leave out 'a prison officer'.

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NEW CLAUSES RELATING TO PART 2

Absconding by persons released on bail

   

Mr Secretary Blunkett

NC52

*To move the following Clause:—

    '(1)   For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—

    "6 (1)   If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody; but this does not require the court, if so satisfied, to grant bail (disregarding other considerations).

(2)	Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—

(a)   he is aged 18 or over, and

(b)   it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.

    (3)   Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.

(4)	For the purposes of sub-paragraph (3) above, a failure to give to the defendant a copy of the record of the decision to grant him bail shall not constitute a reasonable cause for his failure to surrender to custody."

    (2)   In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—

    "(10)   Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.

    (11)   Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the "relevant offence") unless subsection (12) or (13) below applies.

    (12)   This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.

    (13)   This subsection applies if—

(a)	subsection (12) above does not apply,

(b)	none of the events mentioned in subsection (14) below occurs during the period mentioned in subsection (12) above, and

(c)	no later than 3 months from the time of the occurrence of the first of those events to occur after the end of that period, an information is laid for the relevant offence.

    (14)   Those events are—

(a)	the person surrenders to custody at the appointed place;

(b)	the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail;

(c)	the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail."'

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Supplementary amendments to the Bail Act 1976

   

Mr Secretary Blunkett

NC53

*To move the following Clause:—

    '(1)   In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to bail of defendant accused or convicted of imprisonable offence) the existing text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that sub-paragraph (as so re-numbered) there is inserted—

"(2)	Where the defendant falls within one or more of paragraphs 2A, 6 and 6B of this Part of this Schedule, this paragraph shall not apply unless—

(a)   where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;

(b)   where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;

(c)   where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule."

    (2)   In paragraph 9 of that Part (matters to be taken into account in making decisions under paragraph 2 or 2A of that Part) for "2 or 2A" there is substituted "2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A,".'

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Prepared 13 May 2003