CRIMINAL JUSTICE ACTS AMENDMENT BILL 2011

Transcription

1 IN THE KEYS CRIMINAL JUSTICE ACTS AMENDMENT BILL 2011 Explanatory Memorandum 1. This Bill is promoted by the Department of Home Affairs. 2. Clause 1 states the Bill s short title. 3. Clause 2 amends the Criminal Justice Act 1990 to do the following (a) change certain references to information in sections 24 and 25 to evidence or information ; (b) amend section 25(1) and (2) to permit disclosure under those subsections for an Attorney General s investigation under section 24; (c) amend section 25(4) to allow the Attorney General to disclose under that section evidence or information obtained by or for the Attorney General under the Police Powers and Procedures Act Clause 3 amends the Criminal Justice Act 1991 to do the following (a) replace the cross-heading to Chapter III of Part 1 with a new cross-heading and a section 19A with definitions for that Chapter; (b) change certain references to evidence in sections 20 to 22 and Schedule 2 to evidence or information ; (c) amend section 21(11) to repeal the definitions criminal proceedings and evidence, which are replaced by definitions under new section 19A; (d) replace section 22(1)(a) so that an application to a Deemster for a search warrant under that section about a person can be made if, in a country or territory outside the Island, criminal proceedings have been instituted or a criminal investigation is being carried out against that person.

2 ii Criminal Justice Acts Amendment Bill The Bill is not expected to increase Government expenditure or to reduce its income. 6. In the view of the Member moving the Bill its provisions are compatible with the Convention rights within the meaning of the Human Rights Act 2001.

3 Criminal Justice Acts Amendment Bill 2011 iii Arrangement of Sections Section 1. Short title 2. Amendment of Criminal Justice Act Amendment of Criminal Justice Act 1991

4 Criminal Justice Acts Amendment Bill A BILL to amend certain parts of sections 24 and 25 of the Criminal Justice Act 1990 and Chapter III, Part 1 of and Schedule 2 to the Criminal Justice Act BE IT ENACTED by the Queen s Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows: 1. The short title of this Act is the Criminal Justice Acts Amendment Act Short title The Criminal Justice Act 1990 is amended by (a) in section 24 (Attorney General s investigation powers), substituting evidence or information for information in subsections (2), (8), (9) and (17) (all mentions); and (b) in section 25 (disclosure of information) (i) substituting evidence or information for information in the heading and subsections (1) to (4) (all mentions); (ii) substituting the following from disclosed in subsection (1) disclosed for any of the following, but not otherwise (a) an investigation mentioned in section 24; Amendment of Criminal Justice Act 1990 [c.1]

5 2 Criminal Justice Acts Amendment Bill 2011 (b) a prosecution of which the Attorney General has the conduct; (c) a prosecution for an offence relating to income tax. ; (iii) inserting an investigation mentioned in section 24 or after for the purpose of in subsection (2); and 5 [c.9] (iv) inserting or the Police Powers and Procedures Act 1998 after section 24 in subsection (4). Amendment of Criminal Justice Act 1991 [c.25] 3. The Criminal Justice Act 1991 is amended by (a) substituting the following for the cross-heading Evidence in criminal proceedings - Exchange of evidence before section 20 Exchange of evidence or information 10 Definitions for Chapter III 19A. In this Chapter criminal proceedings includes criminal proceedings in which a civil order may be made; evidence or information includes evidence or information in any form and articles, and giving evidence or information includes answering a question or producing any evidence, information or article. ; (b) in section 20 (evidence for use in Island) (i) inserting or information after Evidence in the heading and subsection (6); (ii) inserting or information after evidence in subsections (1), (4)(a) and (8) (all mentions); and 25 (iii) in the definition evidence in subsection (5), substituting evidence or information for evidence ; (c) in section 21 (evidence for use outside Island) 30 (i) inserting or information after Evidence in the heading; (ii) inserting or information after evidence in subsections (1) to (3), (5) and (7) to (9) (all mentions); and

6 Criminal Justice Acts Amendment Bill (iii) repealing the definitions criminal proceedings and evidence in subsection (11); (d) in section 21A(1) (offence of disclosure), inserting or information after evidence ; 5 (e) in section 22 (search etc for material relevant to section 21) (i) substituting the following for subsection (1)(a) 10 (a) that, in a country or territory outside the Island, criminal proceeding have been instituted or a criminal investigation is being carried out against a person; ; and (ii) inserting or information after evidence in subsections (1) to (5) (all mentions); and 15 (f) inserting or information after evidence in the following provisions of Schedule 2 (proceedings before the High Bailiff under section 21) (i) paragraphs 2 and 4 (all mentions); (ii) paragraph 3, all mentions other than the second mention in paragraph 3(4); 20 (iii) the cross-heading Transmission of evidence before paragraph 4.

7 IN THE KEYS Criminal Justice Acts Amendment A BILL to amend certain parts of sections 24 and 25 of the Criminal Justice Act 1990 and Chapter III, Part 1 of and Schedule 2 to the Criminal Justice Act Approved by the Council of Ministers for introduction in the House of Keys. MR. EARNSHAW MARCH 2011 Printed (by Authority) by The Copy Shop Limited 48, Bucks Road, Douglas, Isle of Man No