Criminal Justice and Immigration Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]
| Page 10, line 9, leave out "in any part of the United Kingdom" |
| Page 219, line 30, leave out paragraph 1 and insert— |
| Page 220, line 2, leave out "or an attempt to commit such an offence" |
| Page 220, line 16, leave out "or an attempt to commit such an offence" |
| Page 220, line 17, leave out "or an attempt to commit such an offence" |
| Page 220, line 20, leave out ", or an attempt to commit such an offence," |
| Page 220, line 23, leave out "or an attempt to commit such an offence" |
| Page 220, line 26, leave out "or an attempt to commit such an offence" |
| Page 220, line 28, leave out ", or an attempt to commit such an offence," |
| Page 220, line 32, leave out ", or an attempt to commit such an offence," |
| Page 220, line 36, leave out ", or an attempt to commit such an offence," |
| Page 220, line 41, leave out ", or an attempt to commit such an offence," |
| Page 220, line 45, leave out ", or an attempt to commit such an offence," |
| Page 221, line 4, leave out ", or an attempt to commit such an offence," |
| Page 221, line 7, leave out ", or an attempt to commit such an offence," |
| Page 221, line 9, at end insert— |
| | "22A (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule ("a listed offence"). |
| (2) | Conspiracy to commit a listed offence. |
| (3) | Incitement to commit a listed offence. |
| (4) | An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. |
| (5) | Aiding, abetting, counselling or procuring the commission of a listed offence." |
| Page 221, line 11, at end insert— |
| Page 221, line 13, leave out paragraph 24 |
| Page 221, line 15, leave out "or an attempt to commit rape" |
| Page 221, line 20, leave out ", or an attempt to commit sodomy," |
| Page 221, line 35, at end insert— |
| | "33A (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule ("a listed offence"). |
| (2) | Conspiracy to commit a listed offence. |
| (3) | Incitement to commit a listed offence. |
| (4) | Aiding, abetting, counselling or procuring the commission of a listed offence." |
| Page 221, line 38, leave out paragraph 34 and insert— |
| Page 222, line 1, leave out "or an attempt to commit rape" |
| Page 222, line 28, leave out ", or an attempt to commit such an offence," |
| Page 222, line 30, at end insert— |
| | "48 (1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule ("a listed offence"). |
| (2) | Conspiracy to commit a listed offence. |
| (3) | Incitement to commit a listed offence. |
| (4) | An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed. |
| (5) | Aiding, abetting, counselling or procuring the commission of a listed offence." |
| Page 222, line 30, at end insert— |
| | OFFENCES UNDER SERVICE LAW |
| | 49 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule. |
| | 50 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule. |
| (2) | Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph." |
| Page 11, line 5, leave out "in any part of the United Kingdom" |
| Page 12, line 17, leave out "in any part of the United Kingdom" and insert "by a court anywhere in the world" |
| Page 12, line 19, at end insert— |
| "( ) | After subsection (2) insert— |
| "(2A) | The reference in subsection (2)(aa) to a conviction by a court includes a reference to— |
| (a) | a finding of guilt in service disciplinary proceedings, and |
| (b) | a conviction of a service offence within the meaning of the Armed Forces Act 2006 ("conviction" here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction)." |
| Page 20, line 32, at end insert— |
| "(8A) | The reference in subsection (8) to a specified offence (within the meaning of section 224) includes a reference to— |
| (a) | an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is a specified offence, and |
| (b) | an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is a specified offence. |
| (8B) | Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.) applies for the purposes of subsection (8A)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (8A)(b)." |
| Transpose Schedule 5 to after Schedule 7 |
| Page 71, line 4, leave out "(2)(a)" and insert "(2)" |
| Page 71, leave out lines 5 and 6 and insert— |
| "(a) | in paragraph (a)(ii), after "trials" insert "of offences triable either way"; |
| (b) | after paragraph (a)(ii) insert—" |
| Page 71, line 12, at end insert— |
| "(c) | for paragraph (b) substitute— |
| "(b) | any powers of a Crown Prosecutor that do not involve the exercise of such rights of audience as are mentioned in paragraph (a) above but are exercisable in relation to the conduct of— |
| (i) | criminal proceedings in magistrates' courts, or |
| (ii) | applications or proceedings falling within paragraph (a)(iii) or (iv)."" |
| Page 71, line 27, at end insert— |
| "(5A) | For the purposes of this section a trial begins with the opening of the prosecution case after the entry of a plea of not guilty and ends with the conviction or acquittal of the accused."" |
| | LORD LUCAS OF CRUDWELL AND DINGWALL
LORD THOMAS OF GRESFORD |
| Insert the following new Clause— |
| | After section 11 of the Magistrates' Courts Act 1980 (c. 43) insert— |
| "11A | Non-appearance of accused: withdrawal of warrants |
| (1) | Where a magistrates' court has proceeded in the absence of the accused and the court has imposed a fine following conviction, any warrant to enforce the fine or other financial penalty may be suspended or withdrawn and the matter returned to the court which convicted the offender. |
| (2) | The Secretary of State shall make regulations enabling— |
| (b) | Her Majesty's Court service, or |
| (c) | any person employed to enforce a warrant against a convicted person, |
| | to suspend or withdraw the warrant and return the matter to the court which convicted the offender. |
| (3) | Regulations made under subsection (2) shall specify the steps to be taken in a case where following conviction it is discovered that the offender is a vulnerable person. |
| (4) | In subsection (3), "vulnerable person" means a person who could not reasonably be expected to act on his own behalf including, but not limited, to— |
| (a) | children under 18 years of age; |
| (c) | persons with a disability; |
| (e) | the recently bereaved; |
| (i) | persons who have obvious difficulty in understanding, speaking or reading English."" |
| Page 79, line 38, leave out "appears" and insert "is of such a nature that it must reasonably be assumed" |
| Page 80, line 1, after "Where" insert "(as found in the person's possession)" |
| Page 80, line 2, leave out "appears to have been so produced" and insert "is of such a nature as is mentioned in subsection (3)" |
| Page 80, line 9, leave out from beginning to "produced" and insert "having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been" |
| Page 80, line 14, leave out subsection (6) and insert— |
| "(5A) | An "extreme image" is an image which— |
| (a) | falls within subsection (6), and |
| (b) | is grossly offensive, disgusting or otherwise of an obscene character. |
| (6) | An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following— |
| (a) | an act which threatens a person's life, |
| (b) | an act which results, or is likely to result, in serious injury to a person's anus, breast or genitals, |
| (c) | an act which involves sexual interference with a human corpse, or |
| (d) | a person performing an act of intercourse or oral sex with an animal (whether dead or alive), |
| | and a reasonable person looking at the image would think that any such person or animal was real." |
| Page 80, line 41, leave out "appears that the image was" and insert "is of such a nature that it must reasonably be assumed to have been" |
| Page 80, line 44, leave out "appears to have been extracted as" and insert "is of such a nature as is" |
| Page 134, line 21, leave out from "instrument" to end of line 22 and insert— |
| "(4) | A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament." |
| Page 135, line 2, leave out "children generally or any child" and insert "any particular child or children or to children of any particular description" |
| Page 135, line 6, leave out "children generally or any child" and insert "the particular child or children, or the children of that description," |
| Page 135, line 11, leave out from "disclosure" to end of line 14 |
| Page 316, line 2, at end insert— |
| | "and section 48 of that Act (attempts etc. outside England and Wales) applies for the purposes of paragraph (b) as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to that paragraph" |
| Page 327, line 28, at end insert— |
| | "Criminal Justice Act 1987 (c.38) |
| | 21A In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland"." |
| Page 333, line 36, at end insert— |
| | "65A Section 233 (Offences under service law) is omitted." |
| Page 351, line 41, column 2, leave out "Section" and insert "Sections 233 and" |
| Page 352, line 29, column 2, leave out "paragraph" and insert "paragraphs 218 and" |
| Page 353, column 2, leave out lines 25 to 28 and insert— |
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