Vote Bundle Text (930513-08)

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

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Mr Secretary Blunkett

468

*Page 42, line 4 [Clause 64], leave out 'England and Wales' and insert 'proceedings within section 63(1)'.

Mr Secretary Blunkett

469

*Page 42, line 7 [Clause 64], leave out 'England and Wales or Scotland' and insert 'the United Kingdom'.

Mr Secretary Blunkett

358

Page 42, line 37 [Clause 66], leave out 'that the acquitted person is guilty of' and insert 'against the acquitted person in relation to'.

Mr Secretary Blunkett

359

Page 42, line 38 [Clause 66], leave out from 'it' to end of line 39 and insert 'was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois

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

Mr Oliver Letwin
Mr Dominic Grieve
Mr Mark Francois

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

Mr Secretary Blunkett

360

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

'()	in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.'.

Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
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 Secretary Blunkett

361

Page 43, line 5 [Clause 66], leave out 'are' and insert 'were'.

Mr Secretary Blunkett

362

Page 43, line 6 [Clause 66], leave out 'relates' and insert 'related'.

Mr Secretary Blunkett

363

Page 43, line 9 [Clause 66], leave out subsections (6) and (7).

Mr Secretary Blunkett

364

Page 43, line 19 [Clause 67], leave out paragraph (a) and insert—

'( )	whether existing circumstances make a fair trial unlikely;'.

Mr Secretary Blunkett

365

Page 43, line 23 [Clause 67], leave out from 'been' to 'but' in line 25 and insert 'adduced in the earlier proceedings against the acquitted person'.

Mr Secretary Blunkett

366

Page 43, line 26 [Clause 67], at end insert 'or expedition.'.

Mr Secretary Blunkett

367

Page 43, line 27 [Clause 67], leave out paragraph (d) and insert—

'(d)	whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.'.

Mr Secretary Blunkett

369

Page 43, line 41 [Clause 68], at end insert—

'() Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person's absence from the United Kingdom.'.

Mr Secretary Blunkett

368

Page 43, line 41 [Clause 68], at end insert ', charging him with the offence to which it relates or, if he has been charged with it in accordance with section 75(3), stating that he has been so charged.'.

Mr Secretary Blunkett

370

Page 44, line 1 [Clause 68], after 'relates' insert '(a)'.

Mr Secretary Blunkett

371

Page 44, line 2 [Clause 68], at end insert 'unless he is in custody elsewhere than in England and Wales or Northern Ireland, and

(b)	is entitled to be represented at the hearing, whether he is present or not.'.

Mr Secretary Blunkett

372

Page 44, line 31, leave out clause 70.

Mr Secretary Blunkett

373

Page 45, line 26, leave out clause 71.

Mr Secretary Blunkett

470

*Page 46, line 32 [Clause 72], leave out 'England and Wales or Scotland' and insert 'the United Kingdom'.

Mr Secretary Blunkett

471

*Page 47, line 8 [Clause 73], leave out 'England and Wales' and insert 'proceedings within section 63(1)'.

Mr Secretary Blunkett

472

*Page 47, line 9 [Clause 73], leave out 'England and Wales or Scotland' and insert 'the United Kingdom'.

Mr Secretary Blunkett

374

Page 47, line 11 [Clause 73], after 'Kingdom' insert 'or elsewhere'.

Mr Secretary Blunkett

375

Page 47, line 30 [Clause 73], leave out paragraphs (a) and (b) and insert 'an officer who—

(a)	if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above,

(b)	in any other case, is of the rank of assistant chief constable or above.'.

Mr Secretary Blunkett

376

Page 47, line 35 [Clause 73], leave out paragraphs (a) and (b) and insert—

'(a)	he is satisfied that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)	he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.'.

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.'.

Mr Secretary Blunkett

377

Page 48, line 3 [Clause 73], at end insert 'or specified team of customs and excise officers'.

Mr Secretary Blunkett

378

Page 48, line 6 [Clause 74], leave out from 'investigation' to end of line 23 and insert 'if—

(a)	the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,

(b)	the requirements of subsection (1A) are met, and

(c)

either—

(i)	the action is authorised under subsection (1B), or

(ii)	the requirements of subsection (8) are met.

(1A) The requirements of this subsection are met if—'.

Mr Secretary Blunkett

379

Page 48, line 28 [Clause 74], at end insert—

'(1B) An officer of the rank of superintendent or above may authorise the action if—

(a)	he is satisfied that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)	he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.'.

Mr Secretary Blunkett

380

Page 48, line 29 [Clause 74], leave out '(2)' and insert '(1B)'.

Mr Secretary Blunkett

381

Page 48, line 32 [Clause 74], at end insert—

'(8) The requirements of this subsection are met if—

(a)	there has been no undue delay in applying for authorisation under subsection (1B),

(b)	that authorisation has not been refused, and

(c)	taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.

(9) Where the requirements of subsection (8) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—

(a)	new evidence had been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b)	the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.'.