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Serious Crime Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 18th April 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

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

1*Page 1, line 6, after "satisfied" insert "beyond reasonable doubt"
2*Page 2, line 2, after "satisfied" insert "beyond reasonable doubt"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

3Page 2, line 7, at beginning insert "Subject to subsection (3A),"
4Page 2, line 12, at end insert—
"(3A)  Where the court makes an order under subsection (3) relating to the provision of information, it may confer discretion on law enforcement officers as to the method by which such information shall be provided."
 

Clause 2

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

5*Page 2, line 26, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by doing so, has"
6*Page 2, line 28, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

7Page 2, line 36, leave out paragraph (b)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

8*Page 2, line 42, after "which" insert "is unreasonable in the circumstances and which"
9*Page 2, line 44, after "which" insert "is unreasonable in the circumstances and which"
10*Page 3, line 5, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by doing so, has"
11*Page 3, line 7, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

12Page 3, line 21, leave out sub-paragraph (ii)
 

Clause 3

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

13*Page 3, line 35, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by doing so, has"
14*Page 3, line 37, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

15Page 3, line 45, leave out paragraph (b)
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

16*Page 4, line 4, after "which" insert "is unreasonable in the circumstances and which"
17*Page 4, line 6, after "is" insert "unreasonable in the circumstances and is"
18*Page 4, line 12, after "has" insert "conducted himself in a way that was unreasonable in the circumstances and, by doing so, has"
19*Page 4, line 14, after "was" insert "unreasonable in the circumstances and was"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

20Page 4, line 28, leave out sub-paragraph (ii)
 

After Clause 3

 

LORD LLOYD OF BERWICK
LORD HENLEY

21Insert 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 (c. 23).
(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
LORD THOMAS OF GRESFORD

22*Page 5, line 4, leave out from beginning to first "his" in line 6
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

23Page 5, line 6, leave out from "intentions" to end of line 7
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

24*Page 5, line 12, leave out from beginning to first "his" in line 14
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD DHOLAKIA
LORD BURNETT

24APage 5, line 14, leave out from "intentions" to end of line 15
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

25Page 5, line 16, leave out "Secretary of State" and insert "Lord Chancellor"
 

Schedule 1

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL

26Page 46, line 25, at end insert—
 

"Robbery using an offensive weapon or firearm

      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 weapon specified by the Secretary of State under section 141(2) of the Criminal Justice Act 1988 (c. 33), or a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
27Page 50, line 2, at end insert—
 

"Robbery using an offensive weapon or firearm

      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 weapon specified by the Secretary of State under section 141(2) of the Criminal Justice Act 1988 (c. 33), or a firearm or imitation firearm (as defined by section 57 of the Firearms Act 1968 (c. 27))."
 

Clause 5

 

BARONESS SCOTLAND OF ASTHAL

28Page 6, line 2, leave out from "include" to end of line 3 and insert "—
(a)  a requirement on a person to answer questions, or provide information, specified or described in an order—
(i)  at a time, within a period or at a frequency;
(ii)  at a place;
(iii)  in a form and manner; and
(iv)  to a law enforcement officer or description of law enforcement officer;
  notified to the person by a law enforcement officer specified or described in the order;
(b)  a requirement on a person to produce documents specified or described in an order—
(i)  at a time, within a period or at a frequency;
(ii)  at a place;
(iii)  in a manner; and
(iv)  to a law enforcement officer or description of law enforcement officer;
  notified to the person by a law enforcement officer specified or described in the order."
 

BARONESS SCOTLAND OF ASTHAL
BARONESS ANELAY OF ST JOHNS
LORD HENLEY

29Page 6, line 9, leave out subsection (7)
 

Clause 7

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

30Page 6, line 33, leave out from "order" to end of line 34 and insert "where—
(a)  he is mentally disordered; or
(b)  he has a learning disability; or
(c)  he falls within a description specified by order of the Secretary of State."
31Page 6, line 34, leave out "Secretary of State" and insert "Lord Chancellor"
 

Clause 27

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

32Page 16, line 28, leave out "Secretary of State" and insert "Lord Chancellor"
33Page 17, line 19, leave out "Secretary of State" and insert "Lord Chancellor"
 

Clause 28

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

34Page 18, line 4, leave out "Secretary of State" and insert "Lord Chancellor"
35Page 18, line 44, leave out "Secretary of State" and insert "Lord Chancellor"
 

Clause 32

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

36Page 22, line 11, leave out "Secretary of State" and insert "Lord Chancellor"
 

Clause 33

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

37*Page 22, line 19, at end insert—
"(3)  Notwithstanding this, the rules on admissibility of evidence to be observed in such proceedings shall be the same as those observed in trials on indictment; and no person shall be required in such proceedings to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings in a trial on indictment."
 

Clause 34

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

38*Page 22, line 24, at end insert—
"(   )  Notwithstanding this, the rules on admissibility of evidence to be observed in such proceedings shall be the same as those observed in trials on indictment; and no person shall be required in such proceedings to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings in a trial on indictment."
 

After Clause 35

 

BARONESS SCOTLAND OF ASTHAL

39Insert the following new Clause—
  "Disclosure of information in accordance with orders
3(1)  A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—
(a)  any obligation of confidence; or
(b)  any other restriction on making the disclosure concerned (however imposed).
9(2)  But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents)."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
[Amendments 40 and 41 are amendments to amendment 39]

40*Line 3, at beginning insert "Subject to the provisions of sections 11 to 14,"
41*Line 9, leave out subsection (2)
 

After Clause 36

 

LORD LUCAS

42Insert the following new Clause—
  "Record of serious crime prevention orders
  A full and detailed record shall be kept centrally of every serious crime prevention order that is made."
 

Clause 40

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

43*Page 25, line 18, at end insert "; and
(c)  his act was unreasonable"
 

Clause 41

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

44*Page 25, line 27, at end insert—
"(c)  his act was unreasonable"
 

BARONESS SCOTLAND OF ASTHAL

45*Page 25, line 31, leave out "charge or"
46*Page 25, line 37, leave out "charge or"
 

Clause 42

 

LORD HENLEY
BARONESS ANELAY OF ST JOHNS

47*Page 26, line 36, leave out subsection (6)
48*Page 26, line 46, leave out subsection (8)

 
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©Parliamentary copyright 2007
24 April 2007