HL Deb 15 March 2004 vol 659 cc41-5

(1) Schedule 5 to the Sexual Offences Act 2003 (other offences for the purposes of sexual offences prevention orders) is amended as follows.

(2) After paragraph 63 insert— 63A An offence under section 4 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

(3) After paragraph 171 insert— 171A An offence under section 4 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)."

Page 25, line 31, at end insert— 12A In section 48 of the Criminal Justice Act 2003 (c. 44) (further provisions about trial without a jury), in subsection (6), for paragraphs (a) and (b) substitute "the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury".

Page 25, line 31, at end insert— In section 74 of the Criminal Justice Act 2003 (interpretation of Part 9), after subsection (6) insert— (7) In its application to a trial on indictment in respect of which an order under section 9(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify."

Page 25, line 36, at end insert "(causing or allowing the death of a child or vulnerable adult)"

Page 25, line 36, at end insert— In Schedule 17 to that Act (Northern Ireland offences specified for the purposes of section 229(4)), in Part 1 (specified violent offences), after paragraph 60 insert— 60A An offence under section 4 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)."

On Question, amendments agreed to.

Schedule 5 [Repeals]:

Baroness Scotland of Asthal moved Amendments Nos. 108 to 121A: Page 26, line 3, at end insert—

"Criminal Appeal Act 1968 (c. 19) Section 14A."

Page 26, line 3, at end insert—

"Juries Act 1974 (c. 23) In section 11 paragraph (b) of subsection (5) and "(b)" in subsection (6)."

Page 26, line 3, at end insert—

"Supreme Court Act 1981 (c. 54) In Section 55(4)(a)(iii), the words. "of a Jury","

Page 26, line 3, at end insert—

"Mental Health Act 1983 (c. 20) In section 69(2)(a), the words "or section 5(1) of the Criminal Procedure (Insanity) Act 1964".
Section 71(5) and (6).
Section 79(1)(b)."

Page [...] line 3, at end insert—

"Prosecution of Offences Act 1985 (c. 23) In section 16(4), the word "or" preceding paragraph (c)."

Page 26, line 3, at end insert—

"Coroners Act 1988 (c. 13) In section 16(1)(a), the word "or" preceding sub-paragraph (iii).
In section 17, in subsections (1) and (2) the word "or" preceding paragraph (c)."

Page 26, line 3, at end insert—

"Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) Section 3 and 5
In section 6—
(a) the definition of "local probation board" in subsection (1);
(b) subsection (2). Schedules 1 and 2."

Page 26, line 3, at end insert—

"Law Reform (Year and a Day Rule) Act 1996 (c. 19) In section 2(3), the word "or" preceding paragraph (b)."

Page 26, line 4, column 2, at beginning insert—

"Section 41."

Page 26, line 11, at end insert—

"Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) In Article 7, the words "under Article 4 or 6" in paragraph (1) and the word "further" in paragraph (2)."

Page 26, line 13, at end insert—

"Access to Justice Act 1999 (c. 22) In Schedule 13, paragraph 163."

Page 26, line 13, at end insert—

"Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In Schedule 9, paragraph 133."

Page 26, line 13, at end insert—

"Care Standards Act 2000 (c. 14) In Schedule 4, paragraph 16."

Page 26, line 13, at end insert—

"Criminal Justice and Court Services Act 2000 (c. 43) In Schedule 7, paragraphs 99 to 102."

Page 26, line 13, at end insert—

"Criminal Justice Act 2003 (c. 44) In section 246(6), in the definition of "the required custodial days", the word "or" preceding paragraph (b).
In section 264(1), the word "and" preceding paragraph (b)."

On Question, amendments agreed to.

Baroness Scotland of Asthal moved Amendment No. 122: After Schedule 5, insert the following new schedule—

"SCHEDULE TRANSITIONAL AND TRANSITORY PROVISIONS

1 (1) Section 1 and paragraphs 4 to 6 of Schedule 4 apply only in relation to conduct occurring on or after the commencement of that section.

(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference to 12 months in subsection (5)(b) of section 42A of the Family Law Act 1996 (inserted by section 1 of this Act) is to be read as a reference to six months.

2 In section 4, the reference in subsection (1)(a) to an unlawful act does not include an act that (or so much of an act as) occurs before the commencement of that section.

3 (1) This paragraph has effect, in relation to any time before the commencement of the repeal (by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003) of section 6 of the Magistrates' Co Courts Act 1980 (c. 43), where—

  1. (a) a magistrates' court is considering under subsection (1) of that section whether to commit a person ("the accused") for trial for an offence of murder or manslaughter. and
  2. (b) the accused is charged in the same proceedings with an offence under section 4 above in respect of the same death.

(2) If there is sufficient evidence to put the accused on trial by jury for the offence under section 4, there is deemed to be sufficient evidence to put him on trial by jury for the offence of murder or manslaughter.

4 Section 7 applies only in relation to offences committed on or after the commencement of that section.

5 (1) Section 8(1) and paragraphs 10(3) and 12 of Schedule 4 do not apply where the conviction occurs before the commencement of those provisions.

(2) Section 8(2) applies only in relation to applications made on or after the commencement of that provision.

(3) Section 8(3) and paragraphs 10(2) and 11 of Schedule 4 do not apply where the acquittal (or, where subsection (5) of the inserted section 5A applies, the allowing of the appeal) occurs before the commencement of those provisions.

6 (1) Section (Restraining orders: Northern Ireland)(1) and paragraph 11 A(3) of Schedule 4 do not apply where the conviction occurs before the commencement of those provisions.

(2) Section (Restraining orders: Northern Ireland)(2) applies only in relation to applications made on or after the commencement of that provision.

(3) Section (Restraining orders: Northern Ireland)(3) and paragraph 11A(2) of Schedule 4 do not apply where the acquittal (or, where paragraph (5) of the inserted Article 7A applies, the allowing of the appeal) occurs before the commencement of those provisions.

7 (1) The provisions mentioned in sub-paragraph (2) do not apply—

  1. (a) in relation to proceedings before the Crown Court, where the accused was arraigned before the commencement of those provisions;
    2. 44
  2. (b) in relation to proceedings before the Court of Appeal, where the hearing of the appeal began before that commencement.

(2) The provisions are—

  1. (a) sections (Unfitness to plead: procedure) and (Powers of court on finding of insanity or unfitness to plead etc);
  2. (b) Schedule (Supervision orders);
  3. (c) paragraphs A 1, B1, C1, D1 to F1 and 12A of Schedule 4.

8 The Schedule inserted by Schedule (Supervision orders) has effect in relation to any time before the commencement of sections 8 and 37 of the Courts Act 2003 (c. 39)—

  1. (a) as if a reference to a local justice area were to a petty sessions area;
  2. (b) as if a reference to a designated officer were to a justices' chief executive.

9 Each entry in Schedule 5 applies in the same way as the provision of this Act to which it corresponds."

On Question, amendment agreed to.

Clause 27 [Transitional and transitory provisions]:

Baroness Scotland of Asthal moved Amendment No. 123: Page 14, line 37, leave out subsections (1) to (9) and insert— Schedule (Transitional and transitory provisions) (transitional and transitory provisions) has effect.

On Question, amendment agreed to.

Clause 30 [Extent]

Baroness Scotland of Asthal moved Amendment No. 123A: Page 16, line 2, leave out subsections (1) and (2) and insert— () Subject to the following provisions of this section, Parts 1 to 3 extend to England and Wales only. () The following provisions extend also to Northern Ireland—

() The following provisions extend to Northern Ireland only— () Section (Evidence and procedure.' courts-martial), so far as relating to proceedings before courts-martial constituted under a particular Act mentioned in subsection (2) of that section, has the same extent as that Act. () An amendment, repeal or revocation in Schedule 1, 2, 4 or 5 has the same extent as the provision to which it relates. This subsection does not apply to the amendment in paragraph 12A of Schedule 4 (which accordingly extends to England and Wales only).

On Question, amendment agreed to.

In the Title:

Baroness Scotland of Asthal moved Amendment Nos. 124 to 128: Line 1, leave out "and Line 2, after "1997" insert "and the Protection from Harassment (Northern Ireland) Order 1997 Line 4, after "indictment;" insert "to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; Line 4, after "indictment;" insert "to amend section 58 of the Criminal Justice Act 2003; Line 4, after "indictment;" insert "to amend Part 12 of the Criminal Justice Act 2003 in relation to intermittent custody

On Question, amendments agreed to.

Title, as amended, agreed to.