119: Schedule 20, page 208, line 37, at end insert—
"Part 3A
Abolition of common law libel offences etc
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)
62A (1) In section 1 of the Criminal Libel Act 1819 (power of court to make order for seizure of copies of libel)—
(a) after "In every case" insert "in Northern Ireland";
(b) omit from ", or any seditious libel" to "means".
(2) This paragraph does not extend to Scotland.
Libel Act 1843 (c. 96)
62B In section 7 of the Libel Act 1843 (evidence to rebut prima facie case of publication by agent)—
(a) after "Whensoever" insert "in Northern Ireland";
(b) before "libel" insert "blasphemous".
Newspaper Libel and Registration Act 1881 (c. 60)
62C In section 4 of the Newspaper Libel and Registration Act 1881 (inquiry by court of summary jurisdiction as to libel being for public benefit etc)—
(a) after "jurisdiction" insert "in Northern Ireland";
(b) before "libel" (in first place it occurs) insert "blasphemous";
(c) omit from "as to the publication" to "malice, and".
Law of Libel Amendment Act 1888 (c. 64)
62D In section 8 of the Law of Libel Amendment Act 1888 (order of Judge required for prosecution of newspaper proprietor etc)—
(a) after "commenced" insert "in Northern Ireland";
(b) before "libel" insert "blasphemous"."
119A: Schedule 20, page 212, line 42, leave out sub-paragraph (2) and insert—
"(2) In section 34 (disqualification for certain offences), after subsection (4A) insert—
"(4AA) For the purposes of subsection (4)(b), a disqualification is to be disregarded if the period of disqualification would have been less than 56 days but for an extension period added pursuant to—
(a) section 35A or 35B,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.""
119B: Schedule 20, page 214, line 14, leave out sub-paragraph (6) and insert—
"(6) In section 35 (disqualification for repeated offences)—
(a) in subsection (2), in the words following paragraph (b), after "offender is" insert ", subject to subsection (2A),", and
(b) after subsection (2) insert—
"(2A) A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—
(a) section 35A or 35B,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.""
119C: Schedule 20, page 214, line 16, leave out sub-paragraph (7) and insert—
"(7) In section 37 (effect of order of disqualification)—
(a) in subsection (1A)(a), after "56 days" insert "(disregarding any extension period)",
(b) in subsection (1A), after "period of disqualification" insert "(including any extension period)", and
(c) after subsection (1A) insert—
"(1B) In subsection (1A) "extension period" means an extension period added pursuant to—
(a) section 35A or 35B,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.""
119D: Schedule 20, page 214, line 21, leave out sub-paragraph (8) and insert—
"(8) In section 42 (removal of disqualification)—
(a) in subsection (3)—
(i) for "the date of the order by which the disqualification was imposed" substitute "the relevant date",
(ii) in paragraph (a), after "four years" insert "(disregarding any extension period)", and
(iii) in paragraph (b), for "period of disqualification, if it is" substitute "period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)",
(b) after subsection (3) insert—
"(3A) In subsection (3) "the relevant date" means—
(a) the date of the order imposing the disqualification in question, or
(b) if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.", and
(c) after subsection (3A) (as inserted by paragraph (b)), insert—
"(3B) "Extension period" means an extension period added pursuant to—
(a) section 35A or 35B,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.""
119E: Schedule 20, page 214, line 39, leave out sub-paragraph (9) and insert—
"(9) In section 47 (supplementary provisions as to disqualification and endorsements)—
(a) in subsection (2) (as substituted by paragraph 44(2) of Schedule 3 to the Road Safety Act 2006 (c. 49)), after "or more" insert "(disregarding any extension period)", and
(b) after subsection (2), insert—
"(2ZA) In subsection (2) "extension period" means an extension period added pursuant to—
(a) section 35A or 35B,
(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or
(c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.""
119F: Schedule 20, page 215, line 6, after "40A" insert "or Article 91A of the Criminal Justice (Northern Ireland) Order 2008"
119G: Schedule 20, page 216, line 27, after "40A" insert "or Article 91A of the Criminal Justice (Northern Ireland) Order 2008"
119H: Schedule 20, page 216, line 28, leave out sub-paragraph (7) and insert—
"(7) In Article 42 (effect of order of disqualification)—
(a) in paragraph (2)(a), after "56 days" insert "(disregarding any extension period)",
(b) in paragraph (2), after "period of disqualification" insert "(including any extension period)", and
(c) after paragraph (2) insert—
"(2A) In paragraph (2) "extension period" means an extension period added pursuant to—
(a) Article 40A,
(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or
(c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).""
119J: Schedule 20, page 216, line 33, leave out sub-paragraph (8) and insert—
"(8) In Article 47 (removal of disqualification)—
(a) in paragraph (3)—
(i) for "the date of the order by which the disqualification was imposed" substitute "the relevant date",
(ii) in sub-paragraph (a), after "4 years" insert "(disregarding any extension period)", and
(iii) in sub-paragraph (b), for "period of disqualification, if it is" substitute "period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)",
(b) after paragraph (3) insert—
"(3A) In paragraph (3) "the relevant date" means—
(a) the date of the order imposing the disqualification in question, or
(b) if the period of the disqualification is extended by an extension period, the date in sub-paragraph (a) postponed by a period equal to that extension period.", and
(c) after paragraph (3A) (as inserted by paragraph (b)), insert—
"(3B) "Extension period" means an extension period added pursuant to—
(a) Article 40A,
(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or
(c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).""
119K: Schedule 20, page 217, line 2, at end insert—
"(9) In Article 52 (supplementary provisions as to disqualification and endorsements)—
(a) in paragraph (2), after "or more" insert "(disregarding any extension period)", and
(b) after paragraph (2), insert—
"(2ZA) In paragraph (2) "extension period" means an extension period added pursuant to—
(a) Article 40A,
(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or
(c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).""
119L: Schedule 20, page 217, line 9, at end insert—
"( ) Article 8A of the Criminal Justice (Northern Ireland) Order 1980;"
Amendments 119 to 119L agreed.
Amendment 120 not moved.
Amendment 121
Moved by
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Thursday, 29 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c1308-11 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-04-21 13:38:29 +0100
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