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House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
CRIMINAL JUSTICE BILL
[The page and line references are to HL Bill 69 as first printed for the Lords.]
After Clause 2
1
Insert the following new Clause—

“Arrestable offences

(1)
Schedule 1A to the 1984 Act (specific offences which are arrestable

offences) is amended as follows.

(2)
After paragraph 2 there is inserted—

“Criminal Justice Act 1925

2A
An offence under section 36 of the Criminal Justice Act 1925

(untrue statement for procuring a passport).”

(3)
After paragraph 6 there is inserted—

“Misuse of Drugs Act 1971

6A
An offence under section 5(2) of the Misuse of Drugs Act 1971

(having possession of a controlled drug) in respect of cannabis or

cannabis resin (within the meaning of that Act).”

(4)
After paragraph 17 there is inserted—

“17A
An offence under section 174 of the Road Traffic Act 1988 (false

statements and withholding material information).””
Clause 4
2
Leave out Clause 4
Clause 6
3
Page 4, line 32, leave out subsection (2) and insert—

Bill 181 53/2

(  2  )

“(2)
For subsection (2) of that section (record of arrested person to be made as

part of custody record) there is substituted—

“(2)
The custody officer may record or cause to be recorded all or any of

the things which he ascertains under subsection (1).

(2A)
In the case of an arrested person, any such record may be made as

After Clause 8
4
Insert the following new Clause—

“Destruction of fingerprints and samples

(1)
Section 64 of the 1984 Act (destruction of fingerprints and samples) is

amended as follows.

(2)
In subsection (3), the words “, except as provided in the following

provisions of this section,” are omitted.

(3)
Subsections (3AA), (3AB) and (3AC) are omitted.”
Clause 9
5
Page 6, line 13, leave out “and” and insert—

“( )
the General Council of the Bar,

( )
the Law Society of England and Wales,

( )
the Institute of Legal Executives, and”
6
Page 6, leave out lines 15 and 16 and insert—

“(5)
A code, or a revision of a code, does not come into operation until

the Secretary of State by order so provides.

(6)
The power conferred by subsection (5) is exercisable by statutory

instrument.

(7)
An order bringing a code into operation may not be made unless a

draft of the order has been laid before Parliament and approved by

a resolution of each House.

(7A)
An order bringing a revision of a code into operation must be laid

before Parliament if the order has been made without a draft having

been so laid and approved by a resolution of each House.

(7B)
When an order or draft of an order is laid, the code or revision of a

code to which it relates must also be laid.

(7C)
No order or draft of an order may be laid until the consultation

required by subsection (4) has taken place.

(7D)
An order bringing a code, or a revision of a code, into operation

may include transitional or saving provisions.””
Clause 11
7
Leave out Clause 11

(  3  )

Clause 12
8
Page 7, line 35, leave out paragraph (c)

9
Transpose Clause 12 to after Clause 3
Clause 13
10
Page 9, line 7, leave out “that Part” and insert “Part 1 of Schedule 1 to the 1976 Act”
Clause 14
11
Page 9, line 35, leave out from “not)” to end of line 36
12
Page 9, line 42, leave out “the defendant”
13
Page 9, line 43, at beginning insert “the defendant”
Clause 15
14
Page 10, line 12 , leave out from “custody” to end of line 13
15
Page 10, line 28, at end insert—

“(1A)
After paragraph 9AA of that Part (inserted by section 14(2)) there is

inserted—

“9AB (1) Subject to sub-paragraph (2) below, this paragraph applies if—

(a)
the defendant is under the age of 18, 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.

      (2)
Where it appears to the court that the defendant had reasonable

cause for his failure to surrender to custody, this paragraph does

not apply 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.

      (3)
In deciding for the purposes of paragraph 2(1) of this Part of this

Schedule whether it is satisfied that there are substantial grounds

for believing that the defendant, if released on bail (whether

subject to conditions or not), would fail to surrender to custody,

the court shall give particular weight to—

(a)
where the defendant did not have reasonable cause for

his failure to surrender to custody, the fact that he failed

to surrender to custody, or

(b)
where he did have reasonable cause for his failure to

surrender to custody, the fact 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 this paragraph, 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.””
16
Page 10, line 36, leave out “subsection (12) or” and insert “either or both of

(  4  )

subsections (12) and”
17
Page 10, leave out lines 41 to 47 and insert—

“(13)
This subsection applies if an information is laid for the relevant offence no

later than 3 months from the time of the occurrence of the first of the events

mentioned in subsection (14) below to occur after the commission of the

relevant offence.”
Clause 16
18
Page 11, leave out line 28
19
Page 11, line 29, at beginning insert—

“(aa)
that the person concerned resides at a particular place other than a

bail hostel,”
20
Page 11, line 32, at end insert “, or

(e)
that the person concerned makes no contact with another person”
Clause 17
21
Page 12, line 28, leave out from “bail” to end of line 29
Clause 19
22
Page 14, line 20, leave out from “not)” to end of line 21
Clause 20
23
Page 15, line 39, at beginning insert “Schedule or paragraph 6A does not apply by

virtue of paragraph 6C of this Part of this”
Clause 22
24
Page 16, line 14, leave out “ensuring or”
25
Page 16, line 19, leave out “Director of Public Prosecutions” and insert “a relevant

prosecutor”
Clause 23
26
Page 16, line 24, leave out “the Director of Public Prosecutions” and insert “a

relevant prosecutor”
Clause 25
27
Page 17, line 20, leave out “the Director of Public Prosecutions” and insert “a

relevant prosecutor”
After Clause 25
28
Insert the following new Clause—

(  5  )

“Assistance of National Probation Service

(1)
Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43)

(purposes of Chapter 1) is amended as follows.

(2)
After subsection (1) there is inserted—

“(1A)
This Chapter also has effect for the purposes of providing for—

(a)
authorised persons to be given assistance in determining

whether conditional cautions should be given and which

conditions to attach to conditional cautions, and

(b)
the supervision and rehabilitation of persons to whom

conditional cautions are given.”

(3)
After subsection (3) there is inserted—

“(4)
In this section “authorised person” and “conditional caution” have

the same meaning as in Part 3 of the Criminal Justice Act 2003.””
Clause 26
29
Page 18, line 4, at end insert—


““relevant prosecutor” means—

(a)
the Attorney General,

(b)
the Director of the Serious Fraud Office,

(c)
the Director of Public Prosecutions,

(d)
a Secretary of State,

(e)
the Commissioners of Inland Revenue,

(f)
the Commissioners of Customs and Excise, or

(g)
a person who is specified in an order made by the Secretary

of State as being a relevant prosecutor for the purposes of

this Part.”
Clause 38
30
Page 27, line 5, leave out “5” and insert “6A(3)”
After Clause 38
31
Insert the following new Clause—

“Code of practice for police interviews of witnesses notified by accused

In Part 1 of the 1996 Act after section 21 there is inserted—

“21A
Code of practice for police interviews of witnesses notified by

accused

(1)
The Secretary of State shall prepare a code of practice which gives

guidance to police officers and other persons charged with the duty

(  6  )

of investigating offences in relation to the arranging and

conducting of interviews of persons—

(a)
particulars of whom are given in a defence statement in

accordance with section 6A(2), or

(b)
who are included as proposed witnesses in a notice given

under section 6C.

(2)
The code must include (in particular) guidance in relation to—

(a)
information that should be provided to the interviewee and

the accused in relation to such an interview;

(b)
the notification of the accused’s solicitor of such an

interview;

(c)
the attendance of the interviewee’s solicitor at such an

interview;

(d)
the attendance of the accused’s solicitor at such an

interview;

(e)
the attendance of any other appropriate person at such an

interview taking into account the interviewee’s age or any

disability of the interviewee.

(3)
Any police officer or other person charged with the duty of

investigating offences who arranges or conducts such an interview

shall have regard to the code.

(4)
In preparing the code, the Secretary of State shall consult—

(a)
to the extent the code applies to England and Wales—

(i)
any person who he considers to represent the

interests of chief officers of police;

(ii)
the General Council of the Bar;

(iii)
the Law Society of England and Wales;

(iv)
the Institute of Legal Executives;

(b)
to the extent the code applies to Northern Ireland—

(i)
the Chief Constable of the Police Service of Northern

Ireland;

(ii)
the General Council of the Bar of Northern Ireland;

(iii)
the Law Society of Northern Ireland;

(c)
such other persons as he thinks fit.

(5)
The code shall not come into operation until the Secretary of State

by order so provides.

(6)
The Secretary of State may from time to time revise the code and

subsections (4) and (5) shall apply to a revised code as they apply to

the code as first prepared.

(7)
An order bringing the code into operation may not be made unless

a draft of the order has been laid before each House of Parliament

and approved by a resolution of each House.

(8)
An order bringing a revised code into operation shall be laid before

each House of Parliament if the order has been made without a

(  7  )

draft having been so laid and approved by a resolution of each

House.

(9)
When an order or a draft of an order is laid in accordance with

subsection (7) or (8), the code to which it relates shall also be laid.

(10)
No order or draft of an order may be laid until the consultation

required by subsection (4) has taken place.

(11)
A failure by a person mentioned in subsection (3) to have regard to

any provision of a code for the time being in operation by virtue of

an order under this section shall not in itself render him liable to

any criminal or civil proceedings.

(12)
In all criminal and civil proceedings a code in operation at any time

by virtue of an order under this section shall be admissible in

evidence.

(13)
If it appears to a court or tribunal conducting criminal or civil

proceedings that—

(a)
any provision of a code in operation at any time by virtue of

an order under this section, or

(b)
any failure mentioned in subsection (11),


is relevant to any question arising in the proceedings, the provision

or failure shall be taken into account in deciding the question.””
Clause 41
32
Leave out Clause 41
Clause 42
33
Leave out Clause 42
Clause 43
34
Leave out Clause 43
Clause 44
35
Leave out Clause 44
Clause 45
36
Leave out Clause 45
Clause 46
37
Leave out Clause 46
Clause 47
38
Leave out Clause 47