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NOTICES OF AMENDMENTSgiven up to and includingTuesday 13th May 2003New Amendments handed in are marked thus * CONSIDERATION OF BILL
NOTEThe Amendments have been arranged in accordance with the order to be proposed by Mr Secretary Blunkett.
NEW CLAUSES RELATING TO PART 1Taking 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
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if
(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
(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
Mr Oliver Letwin
122 Page 5, line 18 [Clause 7], leave out 'and' and insert
Simon Hughes 167 Page 5, line 18 [Clause 7], leave out 'and' and insert
Mr Oliver Letwin
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
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.'.
Simon Hughes 169 Page 6, line 2, leave out Clause 9.
Mr Oliver Letwin 57 Page 6, line 7 [Clause 9], leave out second 'a' and insert 'such'.
Mr Oliver Letwin 58 Page 6, line 7 [Clause 9], leave out second 'drug' and insert 'drugs'.
Mr Oliver Letwin 59 Page 6, line 8 [Clause 9], at end insert 'as are identified as cannabis or cannabis resin'.
Simon Hughes 170 Page 6, line 41 [Clause 10], leave out 'different' and insert 'higher'.
Mr Secretary Blunkett 231 Page 7, line 26 [Clause 10], leave out 'a prison officer'.
NEW CLAUSES RELATING TO PART 2Absconding 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).
(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.
(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
(14) Those events are
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
(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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