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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Serious Crime Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [26th June 2007]. |
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| Clause 15, page 9, line 29, at end insert ‘or non-disclosure is authorised under any |
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| Clause 17, page 10, line 15, leave out ‘5 years’ and insert ‘1 year’. |
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| Clause 17, page 10, line 22, leave out ‘5 years’ and insert ‘1 year’. |
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| Clause 17, page 10, line 24, leave out subsections (5) and (6). |
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| Clause 17, page 10, line 24, leave out ‘does not’ and insert ‘shall’. |
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| Clause 17, page 10, line 25, at end insert ‘unless a period of not less than 12 months |
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| has elapsed since the date when the order, or any provision of an order, ceases to be in |
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| Clause 18, page 10, line 29, at beginning insert ‘Subject to subsections (4) and |
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| Clause 18, page 11, line 4, at end insert— |
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| | ‘(4A) | If a change in circumstances is identified under subsection (4), the court may vary |
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| | the serious crime prevention order to the extent that the court considers that the |
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| | order has become unfair to the subject of the order or that the terms of the order |
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| | are disproportionate having regard to that person’s interests or to the public |
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| Clause 19, page 11, line 41, at end insert— |
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| | ‘(3A) | If a change in circumstances is identified under subsection (3) and the court |
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| | considers that the order or any provision thereof has— |
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| | (a) | become unfair to the subject of the order, or |
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| | (b) | disproportionate having regard to the interests of that person and the |
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| | | the court may discharge the order or any provision thereof to the extent that it |
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| Clause 20, page 12, line 19, leave out paragraph (a). |
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| Clause 20, page 12, line 23, leave out ‘a serious’ and insert ‘an’. |
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| Clause 20, page 12, line 23, at end insert ‘in respect of which has been sentenced to |
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| an immediate term of imprisonment of not less than seven years and to whom section |
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| 1(ab) of this Act applies’. |
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| Clause 20, page 12, line 25, leave out ‘it has reasonable grounds to believe’ and |
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| insert ‘is satisfied beyond reasonable doubt’. |
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| Clause 20, page 12, line 38, leave out ‘appropriate’ and insert ‘necessary, just and |
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| Clause 20, page 12, line 44, leave out from ‘concerned;’ to the end of line 1 on page |
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| Clause 21, page 13, line 7, leave out ‘a serious’ and insert ‘an’. |
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| Clause 21, page 13, line 10, leave out ‘a serious’ and insert ‘an’. |
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| Clause 21, page 13, line 15, leave out ‘has reasonable grounds to believe’ and |
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| insert ‘is satisfied beyond reasonable doubt’. |
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| Clause 21, page 13, line 17, at end insert ‘or if it considers that there has been a |
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| change of circumstances and that, by reason of that change, the order has become unfair |
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| to any person affected by it including the person who is the subject of the order’. |
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| Clause 21, page 13, line 29, at end insert ‘or by the person who is the subject of the |
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| Clause 24, page 15, line 9, at end insert— |
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| | ‘(1A) | An appeal against a decision of the High Court in relation to a serious crime |
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| | prevention order may be made to the Court of Appeal by— |
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| | (a) | the person who is the subject of the order; |
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| | (b) | the relevant applicant authority; or |
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| | (c) | by any person who was given an opportunity to make representations in |
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| | the proceedings concerned by virtue of section 10(1), (2) or (as the case |
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| Clause 27, page 16, line 4, at end insert ‘only where the court considers it just and |
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| proportionate to make such an order of forfeiture’. |
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| Clause 28, page 16, line 28, after ‘to’, insert ‘— |
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| Clause 28, page 16, line 29, leave out ‘as if it were’ and insert ‘; and |
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| | (b) | the company’s winding up; |
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| | | as it applies in relation to’. |
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| Clause 28, page 16, line 30, leave out ‘(petition for’ and insert ‘for the winding up |
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| of a company and the company’s winding up (’. |
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| Clause 28, page 16, line 43, leave out ‘has effect’ and insert ‘applies for the |
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| purposes of this section’. |
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| Clause 28, page 17, line 2, after ‘appropriate,’, insert ‘in relation’. |
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| Clause 28, page 17, line 3, at end insert ‘and the relevant body’s winding up’. |
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| Clause 28, page 17, line 9, at end insert— |
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| | ‘( ) | No petition may be presented to, or order to wind up made by, a court in Scotland |
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| | by virtue of this section in respect of a company, partnership or relevant body |
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| | whose estate may be sequestrated under the Bankruptcy (Scotland) Act 1985 |
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| Clause 28, page 17, line 28, leave out ‘Scotland or’. |
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| Clause 29, page 18, line 8, after ‘to’, insert ‘— |
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| Clause 29, page 18, line 8, leave out ‘as if it were’ and insert ‘; and |
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| | (b) | the company’s winding up; |
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| | | as it applies in relation to’. |
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| Clause 29, page 18, line 9, leave out ‘(petition for’ and insert ‘for the winding up of |
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| a company and the company’s winding up (’. |
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| Clause 29, page 18, line 22, leave out ‘has effect’ and insert ‘applies for the |
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| purposes of this section’. |
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| Clause 29, page 18, line 25, after ‘appropriate,’, insert ‘in relation’. |
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| Clause 29, page 18, line 26, at end insert ‘and the relevant body’s winding up’. |
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| Clause 34, page 22, line 35, leave out ‘civil’ and insert ‘criminal’. |
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| Clause 34, page 22, line 36, leave out subsection (2). |
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| Clause 35, page 22, line 40, leave out ‘civil’ and insert ‘criminal’. |
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| Clause 35, page 23, line 1, leave out subsection (2). |
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| Clause 35, page 23, line 3, leave out subsection (3). |
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| Clause 35, page 23, line 9, leave out subsections (4) and (5) and insert— |
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| | ‘(4) | The Crown Court, when exercising its jurisdiction in England and Wales under |
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| | this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 |
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| | (c. 39) (procedure rules and practice directions).’. |
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| Schedule 2, page 54, line 28, leave out paragraph 2. |
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| Schedule 2, page 55, line 26, leave out paragraph 7. |
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| Schedule 2, page 56, line 17, leave out paragraph 13. |
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| Schedule 2, page 57, line 1, leave out paragraph 17. |
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| Clause 37, page 23, line 35, at end add— |
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| | ‘(3) | Notwithstanding this, the rules on admissibility of evidence to be observed in |
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| | such proceedings shall be the same as those observed in trials on indictment; and |
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| | no person shall be required in such proceedings to answer any question or to |
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| | produce any document which he could not be required to answer or produce in |
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| | similar proceedings in a trial on indictment.’. |
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| Clause 38, page 23, line 43, at end insert— |
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| | ‘(1A) | Where a law enforcement officer has retained an original document under |
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| | (a) | on the request of the person who is the subject of the serious crime |
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| | (b) | at the request of any person who was given the opportunity to make |
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| | representations in the proceedings concerned by virtue of section 10(1), |
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| | (2) or (as the case may be) (3); |
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| | | provide that person with a copy of the retained document unless, on application |
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| | of a person mentioned in this subsection, a court to which an application is made |
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| Clause 41, page 25, line 26, leave out ‘foreseeable’ and insert ‘reasonable’. |
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| Clause 42, page 25, line 31, at beginning insert ‘at the time that he does the act’. |
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| Clause 42, page 25, line 33, at end add ‘; and |
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| | (c) | his act was unreasonable’. |
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| Clause 43, page 26, line 12, leave out ‘an’ and insert ‘a specified’. |
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