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

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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

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

369

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

    '(2A)   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

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

61

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

   

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

62

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.'.

   

Mr Secretary Blunkett

382

Page     48,     line     35     [Clause     75],     leave out subsections (1) and (2) and insert—

    '(1)   Where section 73 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—

(a) a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the commission by that person of that offence, and

(b) that person may not be arrested for that offence except under a warrant so issued.

    (2)   Subsection (1) does not affect section 77(3)(b) or (Revocation of bail)(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.

    (2A)   Part 4 of the 1984 Act (detention) applies as follows where a person—

(a) is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or

(b) having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.'


   

Mr Secretary Blunkett

383

Page     49,     line     1     [Clause     75],     leave out from first 'of' to 'there' in line 2 and insert 'that Part'.

   

Mr Secretary Blunkett

384

Page     49,     line     4     [Clause     75],     after 'above' insert '(who has not been directly involved in the investigation)'.

   

Mr Secretary Blunkett

385

Page     49,     line     15     [Clause     75],     at end insert—

    '(5)   Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—

(a) in subsection (1)—

(i) for "determine whether he has before him" there is substituted "request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 75(3) of the Criminal Justice Act 2003, whether there is";

(ii) for "him to do so" there is substituted "that determination to be made";

(b) in subsection (2)—

(i) for the words from "custody officer determines" to "before him" there is substituted "officer determines that there is not such sufficient evidence";

(ii) the word "custody" is omitted from the second place where it occurs;

(c) in subsection (3)—

(i) the word "custody" is omitted;

(ii) after "may" there is inserted "direct the custody officer to";

(d) in subsection (7) for the words from "the custody officer" to the end of that subsection there is substituted "an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 75(3) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.";

(e) subsections (7A), (7B) and (8) do not apply;

(f) after subsection (10) there is inserted—

    "(10A)   The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.".

    (6)   Section 40 of that Act has effect as if in subsections (8) and (9) of that section after "(6)" there were inserted "and (10A)".

    (7)   Section 42 of that Act has effect as if in subsection (1) of that section for the words from "who" to "detained" there were substituted "(who has not been directly involved in the investigation)".'.

 
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Prepared 16 May 2003