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Serious Crime Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 8th February 2007, as follows—

Clauses 1 to 4
Schedule 1
Clauses 5 to 35
Schedule 2
Clauses 36 to 44
Schedule 3
Clauses 45 to 48
Schedule 4
Clauses 49 to 56
Schedule 5
Clauses 57 to 65
Schedule 6
Clause 66
Schedules 7 and 8
Clauses 67 to 69
Schedule 9
Clauses 70 and 71
Schedule 10
Clauses 72 to 75
Schedule 11
Clauses 76 to 78
Schedule 12
Clause 79
Schedule 13
Clauses 80 to 82

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

1Page 1, line 5, leave out "order" and insert "Organised Crime Prevention Order"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD
LORD LLOYD OF BERWICK

2Page 1, line 6, after "satisfied" insert "beyond reasonable doubt"
3Page 1, line 10, at end insert "; and
(c)  it is satisfied that it is not possible to prosecute the person for a criminal offence."
4Page 1, line 12, after "satisfied" insert "beyond reasonable doubt"
5Page 2, line 3, at end insert "; and
(c)  it is satisfied that it is not possible to prosecute the person for a criminal offence."
 

BARONESS ANELAY OF ST JOHNS

6Page 2, line 4, leave out "may contain" and insert "must prescribe"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

7Page 2, line 5, leave out from "requirements" to end of line 6
8Page 2, line 11, leave out "6 to 15 (safeguards)" and insert "5 to 15"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

9Page 2, line 11, at end insert—
"(   )  The making of an order against a person under this section shall—
(a)  be without prejudice to any criminal investigation; and
(b)  require that all appropriate lines of investigation are diligently pursued with a view to bringing a prosecution against the person for an offence relating to a serious crime."
10Page 2, line 11, at end insert—
"(   )  The making of a serious crime prevention order against a person in relation to people trafficking shall—
(a)  be without prejudice to any criminal investigation; and
(b)  require that all appropriate lines of investigation shall be diligently pursued with a view to bringing a prosecution against the person for an offence relating to trafficking against persons."
 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

11Page 2, line 23, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by so doing, has"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

12Page 2, line 25, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

13Page 2, line 25, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

14Page 2, line 25, leave out "likely" and insert "intended"
 

BARONESS ANELAY OF ST JOHNS

15Page 2, line 27, at end insert "; or
(d)  has conducted himself in a reckless way that was likely to facilitate the commission by himself or another person of a serious offence in England and Wales (whether or not such an offence was committed)"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

16Page 2, line 33, leave out paragraph (b)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

17Page 2, line 39, after "which" insert "is unreasonable in the circumstances and"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

18Page 2, line 41, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

19Page 2, line 41, after "is" insert "unreasonable in the circumstances and is"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

20Page 2, line 41, leave out "likely" and insert "intended"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

21Page 3, line 3, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by so doing, has"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

22Page 3, line 5, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

23Page 3, line 5, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

24Page 3, line 5, leave out "likely" and insert "intended"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

25Page 3, line 19, leave out sub-paragraph (ii)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
 

Clause 3

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

26Page 3, line 33, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by so doing, has"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

27Page 3, line 35, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

28Page 3, line 35, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

29Page 3, line 35, leave out "likely" and insert "intended"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

30Page 3, line 43, leave out paragraph (b)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

31Page 4, line 1, after "which" insert "was unreasonable in the circumstances and"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

32Page 4, line 3, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

33Page 4, line 3, after "is" insert "unreasonable in the circumstances and is"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

34Page 4, line 3, leave out "likely" and insert "intended"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

35Page 4, line 9, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by so doing, has"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

36Page 4, line 11, leave out paragraph (c)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

37Page 4, line 11, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

38Page 4, line 11, leave out "likely" and insert "intended"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

39Page 4, line 25, leave out sub-paragraph (ii)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

After Clause 3

 

LORD LLOYD OF BERWICK

40*Insert the following new Clause—
  "Involvement in serious crime: evidence
(1)  In considering for the purposes of this Part whether a person is involved in serious crime the High Court may take account of any evidence admissible under the Regulation of Investigatory Powers Act 2000.
(2)  Schedule (Intercept evidence) (which makes provision for the admissibility of intercept evidence in cases involving serious crime) has effect."
 

Clause 4

 

LORD DHOLAKIA
LORD BURNETT

41Page 5, line 1, leave out from beginning to first "his" in line 3
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

42Page 5, line 3, leave out paragraph (b)
43*Page 5, line 3, leave out from "intentions" to the end of line 4
 


LORD DHOLAKIA
LORD BURNETT

44Page 5, line 9, leave out from beginning to first "his" in line 11
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

45Page 5, line 11, leave out paragraph (b)
46*Page 5, line 11, leave out from "intentions" to the end of line 12
47Page 5, line 13, leave out subsection (4)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.
 

Schedule 1

 

BARONESS ANELAY OF ST JOHNS

48Page 46, line 25, at end insert—
 

"Armed robbery

      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

49Page 47, line 33, leave out sub-paragraph (1)
 

BARONESS ANELAY OF ST JOHNS

50Page 50, line 2, at end insert—
 

"Armed robbery

      An offence under section 8(1) of the Theft Act 1968 (c. 60) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

51Page 51, line 15, leave out sub-paragraph (1)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
 

Clause 5

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD LLOYD OF BERWICK

52Page 5, line 15, leave out from "section" to end of line 17 and insert "lists the provisions that may be made by a serious crime prevention order"
53Page 5, line 18, leave out "Examples of" and insert "The"
54Page 5, line 22, leave out "Examples of" and insert "The"
55Page 5, line 24, leave out "in relation to" and insert "on the following"
56Page 5, line 33, leave out "Examples of" and insert "The"
57Page 5, line 36, leave out "in relation to" and insert "on the following"
58Page 5, line 43, leave out "Examples of" and insert "The"
59Page 6, line 4, leave out "for example"
60Page 6, line 6, leave out subsection (7)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

61Page 6, line 6, leave out subsection (7) and insert—
"(7)  Reasonable means of performing the requirements imposed by serious crime prevention orders that are not specified in the orders may be determined in accordance with provision made by the orders (including provision conferring discretion on law enforcement officers)."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD LLOYD OF BERWICK

62Page 6, line 9, leave out "(including provision conferring discretion on law enforcement officers)"
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill.

 
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©Parliamentary copyright 2007
6 March 2007