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Coroners and Justice Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 14th October 2009, as follows—

Clauses 64 to 89
Schedule 13
Clauses 90 to 108
Schedule 14
Clauses 109 to 127
Schedule 15
Clauses 128 to 134
Schedule 16
Clauses 135 to 142
Schedule 17
Clauses 143 to 158
Schedule 18
Clauses 159 to 164
Schedule 19
Clauses 165 and 166
Schedules 20 and 21
Clause 167
Schedule 22
Clauses 168 to 172

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 64

 

LORD THOMAS OF GRESFORD

66BLeave out Clause 64
 

After Clause 64

 

LORD BACH

 

LORD LESTER OF HERNE HILL

67Insert the following new Clause—
  "Abolition of common law libel offences etc
  The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—
(a)  the offences of sedition and seditious libel;
(b)  the offence of defamatory libel;
(c)  the offence of obscene libel."
 

LORD REDESDALE

 

LORD HOWARTH OF NEWPORT

 

LORD RENFREW OF KAIMSTHORN

68Insert the following new Clause—
  "Offence of dealing in undocumented archaeological objects
(1)  A person is guilty of an offence if he dishonestly deals in an undocumented archaeological object, knowing or having reason to suspect that the archaeological object is undocumented.
(2)  It is immaterial whether he knows or has reason to suspect that the object is an archaeological object.
(3)  A person guilty of the offence is liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both),
(b)  on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both)."
69Insert the following new Clause—
  "Meaning of "undocumented archaeological object"
(1)  In section (Offence of dealing in undocumented archaelogical objects), "archaeological object" means any object constituting treasure within the Treasure Act 1996 (c. 24) or any object of archaeological interest within Category 1 of the Annex to the Council Directive 93/7/EEC of 15th March 1993 on the Return of Cultural Objects Unlawfully Removed from the Territory of a Member State.
(2)  An archaeological object is an undocumented archaeological object if, after the commencement of this Act, the person dealing in it is unable to produce reasonable evidence to show that the archaeological object has not been unlawfully excavated, or has not been the subject of an offence under the Treasure Act 1996 since the Act came into force.
(3)  It is immaterial whether—
(a)  the excavation was done in the United Kingdom or elsewhere,
(b)  the offence is committed under the law of a part of the United Kingdom or under the law of any other country or territory."
70Insert the following new Clause—
"Meaning of "deals in"
(1)  For the purposes of section (Offence of dealing in undocumented archaeological objects), a person deals in an undocumented archaeological object if (and only if) he—
(a)  acquires, disposes of, imports or exports it,
(b)  agrees with another to do an act mentioned in paragraph (a), or
(c)  makes arrangements under which another person does such an act or under which another person agrees with a third person to do such an act.
(2)  "Acquires" means buys, hires, borrows or accepts.
(3)  "Disposes of" means sells, lets on hire, lends or gives.
(4)  In relation to agreeing or arranging to do an act, it is immaterial whether the act is agreed or arranged to take place in the United Kingdom or elsewhere."
71Insert the following new Clause—
"Meaning of "reasonable evidence"
  In section (Offence of dealing in undocumented archaeological objects), "reasonable evidence" means such evidence as would enable a reasonable person to conclude on the balance of probabilities that the archaeological object has not been unlawfully excavated, and has not been the subject of an offence under the Treasure Act 1996 (c. 24), since the Act came into force."
72Insert the following new Clause—
"Customs and Excise prosecutions
(1)  Proceedings for an offence relating to the dealing in an undocumented archaeological object may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved the importation or exportation of such an object.
(2)  An offence relates to the dealing in an undocumented archaeological object if it is—
(a)  an offence under section (Offence of dealing in undocumented archaeological objects), or
(b)  an offence of inciting the commission of, or attempting or conspiring to commit, such an offence.
(3)  Proceedings for an offence which are instituted under subsection (1) are to be commenced in the name of an officer, but may be continued by another officer.
(4)  Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—
(a)  whether there are grounds for believing that a person has committed an offence which relates to the dealing in an undocumented archaeological object and which involves the importation or exportation of such an object, or
(b)  whether a person should be prosecuted for an offence,
 the matter is to be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).
(5)  Nothing in this section affects any powers of any person (including any officer) apart from this section.
(6)  "Officer" means a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979."
73Insert the following new Clause—
  "Offences by bodies corporate
(1)  If an offence under section (Offence of dealing in undocumented archaeological objects) committed by a body corporate is proved—
(a)  to have been committed with the consent or connivance of an officer, or
(b)  to be attributable to any neglect on his part,
 he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)  "Officer", in relation to a body corporate, means—
(a)  a director, manager, secretary or other similar officer of the body,
(b)  a person purporting to act in any such capacity.
(3)  If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body."
 

BARONESS YOUNG OF HORNSEY

 

LORD THOMAS OF GRESFORD

 

BARONESS BUTLER-SLOSS

 

LORD LESTER OF HERNE HILL

74Insert the following new Clause—

"CHAPTER 4

Servitude and forced or compulsory labour

  Servitude
(1)  A person commits an offence if he or she holds another person in servitude.
(2)  For the purposes of this section, a person (A) holds another person (B) in servitude if A severely restricts B's freedom of movement and choice of residence and subjects B to forced or compulsory labour.
(3)  In this section, subjecting a person to forced or compulsory labour has the same meaning as in section (Forced or compulsory labour).
(4)  A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years."
 

BARONESS YOUNG OF HORNSEY

 

LORD THOMAS OF GRESFORD

 

BARONESS BUTLER-SLOSS

75Insert the following new Clause—
  "Forced or compulsory labour
(1)  A person (A) commits an offence if he or she subjects another person (B) to forced or compulsory labour.
(2)  A subjects B to forced or compulsory labour if A compels B, by physical or other means, to undertake work or service in circumstances where A knows, or ought to know that—
(a)  B is not freely consenting to perform the work or service; and
(b)  B has been or is being threatened with harm if B does not perform the work or service.
(3)  In this section B is to be taken not to have consented to perform work or service if the consent was obtained through deception, fraud or coercion, or if B is performing the work or service under debt-bondage.
(4)  In this section forced or compulsory labour does not include—
(a)  work or service normally required of a person who is under detention because of a lawful court order or who, under a lawful court order, has been conditionally released from detention or ordered to perform work in the community;
(b)  work or service required because of an emergency threatening the life or well-being of the community;
(c)  work or service which forms part of normal civic obligations.
(5)  In determining if A has subjected B to forced or compulsory labour the indicators that may be taken into account include that A—
(a)  subjected B or a member of B's family to physical violence or threatened B or a member of B's family with violence;
(b)  took advantage of B's vulnerability;
(c)  withheld wages or made excessive deductions of wages or imposed financial penalties on B or a member of B's family;
(d)  retained and refused to return, B's passport or other form of identification;
(e)  deprived B of adequate food, shelter or other necessities of life;
(f)  threatened to inform immigration officials of B's immigration status or prevented B from seeking to obtain a different immigration status.
(6)  For the avoidance of doubt—
(a)  the indicators listed in subsection (5) are not exhaustive of the factors that may be taken into account in determining if A has subjected B to forced or compulsory labour;
(b)  A may be taken to have subjected B to forced or compulsory labour even if B previously worked for A in conditions that did not amount to forced or compulsory labour.
(7)  A person guilty of an offence under this section shall be liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding 7 years, to a fine or to both, or
(b)  on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both."
 

LORD LESTER OF HERNE HILL

 

LORD ALDERDICE

 

LORD EAMES

 

BARONESS D'SOUZA

75AInsert the following new Clause—
  "Abolition of blasphemy in Northern Ireland
  The offences of blasphemy and blasphemous libel under the common law of Northern Ireland are abolished."
 

Clause 65

 

LORD HENLEY

 

LORD HUNT OF WIRRAL

76Page 37, line 36, leave out subsection (4)
 

LORD THOMAS OF GRESFORD

76ALeave out Clause 65
 

Clause 66

 

LORD THOMAS OF GRESFORD

76BLeave out Clause 66
 

Clause 67

 

LORD THOMAS OF GRESFORD

76CLeave out Clause 67
 

After Clause 67

 

LORD HENLEY

 

LORD HUNT OF WIRRAL

76CAInsert the following new Clause—
  "Review of investigation anonymity orders
  The Secretary of State must, no later than two years after the commencement of this Part, review the operation of investigation anonymity orders made under section 67, and lay a report of that review before Parliament."

 
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©Parliamentary copyright 2009
27 October 2009