House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

203

House of Commons

Notices of Amendments

given on

Wednesday 14th November 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

163-94, 195-97, 199 and 201-02

Public Bill Committee

Criminal Justice and Immigration Bill

Mr David Hanson

202

Clause  57,  page  37,  line  18,  at end insert—

‘( )
In each of subsections (3) and (4), for “A magistrate’s court” substitute “In

proceedings to which this subsection applies, the court.”’.

Mr David Hanson

203

Clause  57,  page  37,  line  25,  at end insert—

‘“(4A)
Subsections (3) and (4) apply to—

(a)
proceedings instituted by an information, where a summons has been

issued; and

(b)
proceedings instituted by a written charge.’.

Mr David Hanson

204

Clause  73,  page  51,  line  42,  leave out subsection (4).

Mr David Hanson

205

Schedule  21,  page  225,  line  12,  at end insert—

‘16A
In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain

time periods relating to bail and custody under Part 10), before paragraph (a)

insert—

“(za)
Saturday,”’.

Mr David Hanson

206

Schedule  22,  page  228,  line  19,  at end insert—

Notices of Amendments: 14th November 2007
204

Criminal Justice and Immigration Bill, continued

‘10A (1)
Subject to the following provisions of this paragraph, the Rehabilitation of

Offenders Act 1974 (c. 53) (as amended by Schedule 12 to this Act) applies to

cautions given before the commencement date as it applies to cautions given

on or after that date.

      (2)
A caution given before the commencement date shall be regarded as a spent

caution at a time determined in accordance with sub-paragraphs (3) to (8).

      (3)
A caution other than a conditional caution (as defined in section 8A(2)(a) of

the 1974 Act) shall be regarded as a spent caution on the commencement date.

      (4)
If the period of three months from the date on which a conditional caution was

given ends on or before the commencement date, the caution shall be regarded

as a spent caution on the commencement date unless sub-paragraph (7)

applies.

      (5)
If the period of three months from the date on which a conditional caution was

given ends after the commencement date, the caution shall be regarded as a

spent caution at the end of that period of three months unless sub-paragraph (7)

applies.

      (6)
Sub-paragraph (7) applies if—

(a)
before the date on which the caution would be regarded as a spent

caution in accordance with sub-paragraph (4) or (5) (“the relevant

date”), the person concerned is convicted of the offence in respect of

which the caution was given, and

(b)
the rehabilitation period for the offence ends after the relevant date.

      (7)
The caution shall be regarded as a spent caution at the end of the rehabilitation

period for the offence.

      (8)
If, on or after the date on which the caution becomes regarded as a spent

caution in accordance with sub-paragraph (4) or (5), the person concerned is

convicted of the offence in respect of which the caution was given—

(a)
the caution shall be treated for the purposes of Schedule 2 to the 1974

Act as not having become spent in relation to any period before the end

of the rehabilitation period for the offence, and

(b)
the caution shall be regarded as a spent caution at the end of that

rehabilitation period.

      (9)
In this paragraph, “the commencement date” means the date on which section

54 comes into force.’.

Mr David Hanson

207

Clause  26,  page  19,  leave out lines 33 to 38 and insert—

‘“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the Court

think that there is no reasonable doubt about the appellant’s guilt.

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they think that

it would seriously undermine the proper administration of justice to allow the

conviction to stand.” ’.

Mr David Hanson

208

Clause  26,  page  19,  line  38,  at end insert—

‘(2A)
In section 13 (disposal of appeal against verdict of not guilty by reason of

insanity), after subsection (1) insert—

“(1A)
For the purposes of subsection (1)(a), the verdict shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding of insanity

if the Court think that there is no reasonable doubt that the accused did

the act or made the omission charged.

Notices of Amendments: 14th November 2007
205

Criminal Justice and Immigration Bill, continued

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they

think that it would seriously undermine the proper administration of

justice to allow the verdict to stand.”

(2B)
In section 16 (disposal of appeal against finding of disability), after subsection (1)

insert—

“(1A)
For the purposes of subsection (1)(a), a finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding that the

accused is under a disability if the Court think that there is no reasonable

doubt that the accused did the act or made the omission charged.

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they

think that it would seriously undermine the proper administration of

justice to allow the finding to stand.”’.

Mr David Hanson

209

Clause  26,  page  20,  line  5,  leave out ‘against conviction’ and insert ‘under this

Part’.

Mr David Hanson

210

Schedule  21,  page  222,  line  26,  at end insert—

‘Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

2A
In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980

(grounds for allowing appeal against finding of unfitness to be tried), in

paragraph (a) for “the finding” substitute “a finding”.’.

Power of Court of Appeal to disregard developments in the law

Mr David Hanson

NC28

To move the following Clause:—

‘(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section 26(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the
5
conviction is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 13 (disposal of appeals against verdict of not guilty by reason of

insanity), after subsection (1B) (as inserted by section 26(2A)) insert—
10
“(1C)
In determining for the purposes of subsection (1)(a) whether the verdict

is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the verdict.”’.

(4)
In section 16 (disposal of appeals against finding of disability), after subsection
15
(1B) (as inserted by section 26(2B)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether a finding is

unsafe the Court may, if they think it appropriate in all the circumstances

Notices of Amendments: 14th November 2007
206

Criminal Justice and Immigration Bill, continued

of the case, disregard any development in the law since the date of the

finding.” ’.

As an Amendment to Mr David Hanson’s proposed New Clause (Power of Court of

Appeal to disregard developments in the law) (NC28):—

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

(a)

Line  6,  after ‘case’, insert ‘and are satisfied that it would not give rise to

substantial injustice’.

Meaning of unsafe: Northern Ireland

Mr David Hanson

NC29

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (grounds for allowing an appeal against conviction) after subsection

(1) insert—

“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the

Court thinks that there is no reasonable doubt about the appellant’s guilt.

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the conviction to stand.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2) insert—

“(2A)
For the purposes of subsection (2)(a), the finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding of insanity

if the Court thinks that there is no reasonable doubt that the accused did

the act or made the omission charged.

(2B)
Subsection (2A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3) insert—

“(3A)
For the purposes of subsection (3)(a), a finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding that the

accused is unfit to be tried if the Court thinks that there is no reasonable

doubt that the accused did the act or made the omission charged.

(3B)
Subsection (3A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”’.

(5)
In section 25 (evidence)—

(a)
in subsection (2)(b) after “allowing” insert “or dismissing”, and

(b)
in subsection (2)(c) for “which is the subject of the appeal” substitute

“which is relevant to the determination of the appeal”.

Notices of Amendments: 14th November 2007
207

Criminal Justice and Immigration Bill, continued

(6)
After section 29 insert—

“Supplementary

29A
Evidence given after close of prosecution case

In determining an appeal under this Part, the Court of Appeal shall not

disregard any evidence solely on the ground that it was given after the

judge at the appellant’s trial wrongly permitted the trial to continue after

the close of the evidence for the prosecution.”’.

Power of Court of Appeal to disregard developments in the law: Northern Ireland

Mr David Hanson

NC30

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section (Meaning of unsafe: Northern Ireland)(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the

conviction is unsafe the Court may, if it thinks it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2B) (as inserted by section (Meaning of unsafe: Northern Ireland)(3))

insert—

“(2C)
In determining for the purposes of subsection (2)(a) whether the finding

is unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding.”.

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3B) (as inserted by section (Meaning of unsafe: Northern Ireland)(4)) insert—

“(3C)
In determining for the purposes of subsection (3)(a) whether a finding is

unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding. ” ’.

Determination of prosecution appeals: Northern Ireland

Mr David Hanson

NC31

To move the following Clause:—

‘In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/

1500) (determination of prosecution appeals by Court of Appeal) for paragraph

(5) substitute—

“(5)
But the Court of Appeal may not make an order under paragraph (4)(c)

in respect of an offence unless it considers that the defendant could not

receive a fair trial if an order were made under paragraph (4)(a) or (b).”’.

Notices of Amendments: 14th November 2007
208

Criminal Justice and Immigration Bill, continued

Mr David Hanson

211

Clause  67,  page  47,  line  40,  leave out subsections (5) and (6).

Mr David Hanson

212

Clause  85,  page  59,  line  13,  at end insert—

‘(3A)
Before making an application under this section in respect of a person who will

be under 18 at the time of the application, the applicant must consult any member

of a team established under section 39 of the Crime and Disorder Act 1998 (c. 37)

(youth offending teams).’.

Mr David Hanson

213

Clause  91,  page  62,  line  34,  at end insert—

‘(h)
any prescribed information.

(2A)
In subsection (2)(h) “prescribed” means prescribed by regulations made by the

Secretary of State.’.

Mr David Hanson

214

Clause  92,  page  63,  line  18,  leave out ‘or’ and insert—

‘(ca)
any prescribed change of circumstances, or’.

Mr David Hanson

215

Clause  92,  page  63,  line  24,  leave out ‘or’ and insert—

‘(ca)
the prescribed details, or’.

Mr David Hanson

216

Clause  92,  page  63,  line  45,  at end insert—

‘(7A)
In this section—

(a)
“prescribed change of circumstances” means any change—

(i)
occurring in relation to any matter in respect of which

information is required to be notified by virtue of section

91(2)(h), and

(ii)
of a description prescribed by regulations made by the Secretary

of State;

(b)
“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.’.

Mr David Hanson

217

Clause  127,  page  84,  line  15,  after ‘follows’ insert ‘and to any other provision of

this Act’.

Mr David Hanson

218

Clause  127,  page  84,  line  37,  leave out paragraph (d) and insert—

Notices of Amendments: 14th November 2007
209

Criminal Justice and Immigration Bill, continued

‘(d)
sections 64 to (Special rules relating to providers of information society

services) and Schedule (Special rules relating to providers of

information society services);’.

Mr David Hanson

219

Clause  127,  page  84,  line  38,  leave out paragraph (e).

Mr David Hanson

220

Clause  127,  page  85,  line  1,  leave out ‘or repeal’ and insert ‘, repeal or revocation’.

Mr David Hanson

221

Clause  128,  page  85,  line  17,  at end insert—

‘(h)
paragraphs 39(3) and 12 to 45 of Schedule (Hatred on the grounds of

sexual orientation) and the repeals in Part 4 of Schedule 23 relating to

Part 3A of the Public Order Act 1986 (c. 64).’.

Mr David Hanson

222

Clause  128,  page  85,  line  22,  at end insert—

‘(d)
paragraphs 2 to 7 of Schedule (Sexual offences: grooming and

adoption).’.

Mr David Hanson

223

Clause  128,  page  85,  line  22,  at end insert—

‘(2A)
Where any particular provision or provisions of a Schedule come into force in

accordance with subsection (1) or (2), the section introducing the Schedule also

comes into force in accordance with that subsection so far as relating to the

particular provision or provisions.’.

Mr David Hanson

224

Schedule  15,  page  185,  line  16,  at end insert—

‘(ba)
inciting the commission of a nuclear offence;’.

Mr David Hanson

225

Schedule  15,  page  185,  line  39,  after ‘(2)(b)’ insert ‘, (2)(ba)’.

Mr David Hanson

226

Schedule  15,  page  186,  line  3,  at end insert—

‘(5)
In subsection (2)(ba) the reference to incitement is—

(a)
a reference to incitement under the law of Scotland, or

(b)
in relation to any time before the coming into force of Part 2

of the Serious Crime Act 2007 (encouraging or assisting

crime) in relation to England and Wales or Northern Ireland,

a reference to incitement under the common law of England

and Wales or (as the case may be) of Northern Ireland.’.