HL Deb 20 November 2003 vol 654 c2110
2110
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121 Leave out Clause 96
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The Commons insist on their disagreement to Amendments Nos. 114 to 119 and 121 to 131 but propose the following amendments to the words so restored to the Bill—
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121A The Commons insist on their disagreement with the Lords in their amendment but propose the following amendment to the words restored to the Bill by that disagreement:—
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121B Page 63, line 19, at end insert:—
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- '(1A) Where subsection (1)(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—
- (a) an offence of the same description as the one with which he is charged, or
- (b) an offence of the same category as the one with which he is charged.
- (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 (1A)—
- (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;
- (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.
- (1D) A category prescribed by an order under subsection (1C)(b) must consist of offences of the same type.'.
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Baroness Scotland of Asthal
My Lords, I beg to move that the House do not insist on its Amendment No. 121 and do agree with the Commons in their Amendment No. 121B. I have already spoken to the amendment.
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Moved, That the House do not insist on its Amendment No. 121 and do agree with the Commons in their Amendment No. 121B.—(Baroness Scotland of Asthal.)
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On Question, Motion agreed to.