LORDS AMENDMENT

HL Deb 19 November 2003 vol 654 cc1998-9

121 Leave out Clause 96

The Commons disagree to this amendment for the following reason—

121A Because they would result in a less satisfactory scheme for dealing with evidence of bad character.

Lord Bassam of Brighton

My Lords, I beg to move that the House do not insist on its Amendment No. 121 to which the Commons have disagreed for their reason numbered 121 A, but do propose Amendment No. 121C to the words so restored to the Bill, and do propose Amendments Nos. 121D to 121F as amendments consequential on Amendment No. 121C:

121C Page 63, line 19, at end insert—

• "(1A) Where subsection (l)(a) applies, a defendant's propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—
1. (a) an offence of the same description as the one with which he is charged, or
2. (b) an offence of the same category as the one with which he is charged.
1999
• (1B) Subsection (1A) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.
• (1C) For the purposes of subsection (1 A)—
1. (a) two offences are of the same description as each other if the statement of the offence in a written charge or indictment would, in each case, be in the same terms;
2. (b) two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of this section by an order made by the Secretary of State.
• (ID) A category prescribed by an order under subsection (lC)(b) must consist of offences of the same type."

121D Page 171, line 30, leave out "95" and insert "96"

121E Page 217, line 8, leave out "95" and insert "96"

121F Page 217, line 9, leave out "(1)" and insert "(1C)"

Moved, That the House do not insist on its Amendment No. 121 to which the Commons have disagreed for their reason numbered 121 A, but do propose Amendment No. 121C to the words so restored to the Bill, and do propose Amendments Nos. 121D to 121F as amendments consequential on Amendment No. 121C.—(Lord Bassam of Brighton.)

121GLord Kingsland rose to move, as an amendment to the Motion, leave out from "House" to end and insert "do insist on its Amendment No. 121".

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 114.I beg to move.

Moved, as an amendment to the Motion, leave out from "House" to end and insert "do insist on its Amendment No. 121".—(Lord Kingsland.)

On Question, amendment agreed to. Motion, as amended, agreed to.