Commons Response to Lords Amendments 114 to 119 and 121 to 131 — 20 Nov 2003 at 14:15

Clause 106, 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-

131C Page 60, line 37, leave out from beginning to "evidence" in line 2 on page 61 and insert- "References in this Chapter to evidence of a person's "bad character" are to evidence of, or of a disposition towards, misconduct on his part, other than"

131D Page 62, leave out lines 16 to 18

131E Page 62, line 26, leave out "(d),"

131F Page 63, line 19, at end insert:- "(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."

131G Page 64, line 40, leave out from "a" to end of line 41 and insert "reprehensible way"

131H Page 65, line 47, at end insert:- "(2) In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is admissible only if the court is satisfied that the interests of justice so require.

(3) Subsection (2) applies in addition to section 93."

131I Page 66, line 28, leave out "require a defendant" and insert ", and, where the party in question is the prosecution, must, contain provision requiring a party"

131J Page 66, line 29, leave out "co-defendant's bad character under section 93(1)(f)" and insert "defendant's bad character"

131K Page 66, line 33, leave out "co-defendant" and insert "defendant"

131L Page 66, line 35, leave out "co-defendant" and insert "defendant"

131M Page 66, line 39, leave out "defendant" and insert "party"

131N Page 67, line 26, leave out from "means" to end of line 29 and insert "the commission of an offence or other reprehensible behaviour"

131O Page 67, line 42, after "Chapter" insert "(except section 93(3))"

131P Page 67, line 45, at end insert-

"(a) under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,"

131Q Page 67, line 47, after "(c. 23)" insert "(restriction on evidence or questions about complainant's sexual history)" Clause 106, The Commons have made the following consequential Amendments to the Bill-

131R Page 171, line 30, leave out "95" and insert "96"

131S Page 217, line 8, leave out "95" and insert "96"

131T Page 217, line 9, leave out "(1)" and insert "(1C)"

rose to move, as an amendment to the Motion that the House do not insist on its Amendments Nos. 114 to 119 and 121 to 131 and do agree with the Commons in their Amendments Nos. 131C to 131T, leave out from "119" to end and insert ", 122 to 125 and 127 to 131, do agree with Commons amendments 131C to 131G and 131I to 131T, but do insist on its Amendments Nos. 121 and 126 and do disagree with Commons Amendment No. 131H".

On Question, Whether the said amendment (No. 131U) shall be agreed to?

Their Lordships divided: Contents, 166; Not-Contents, 115.

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