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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Criminal Justice and Courts Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [11 March 2014]. |
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| Schedule 4, page 73, line 25, at end insert— |
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| | ‘(1A) | Where the Secretary of State enters into a contract with another person under |
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| | paragraph 1(1), and that person is not a public authority for the purposes of |
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| | section 3 of the Freedom of Information Act 2000, that person shall be designated |
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| | by the Secretary of State as a public authority for the purposes of that section in |
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| | relation to that contract.’. |
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| Schedule 4, page 73, line 25, at end insert— |
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| | ‘Special Educational Needs |
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| | 1A (1) | All secure colleges, whether directly managed or contracted out, must make |
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| | provision to meet the special educational needs of persons detained there.’. |
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| Schedule 4, page 74, line 17, at end insert— |
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| | 4A (2) | All staff employed as teachers, counsellors or nurses at a secure unit must hold |
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| | qualifications as one of the following— |
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| | (b) | accredited member of the British Association of Counsellors and |
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| | (c) | registered nurse (children).’. |
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| Schedule 4, page 75, line 14, at end insert— |
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| | ‘(e) | to assess and promote their best interests.’. |
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| Schedule 4, page 75, line 26, leave out from ‘where’ to end of line 27 and insert ‘a |
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| young person poses an imminent threat of injury to himself or others, and only when all |
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| other means of control have been exhausted.’. |
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| Schedule 4, page 80, line 15, leave out ‘51 weeks’ and insert ‘12 months’. |
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| | Member’s explanatory statement
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| | The offence of wrongful disclosure of information under paragraph 25 of Schedule 4 is triable |
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| | either on indictment or summarily. When section 154 of the Criminal Justice Act 2003 comes into |
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| | force, the maximum term of imprisonment on summary conviction should change from 6 months to |
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| | 12 months (not 51 weeks, which is appropriate for summary-only offences). |
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| Schedule 4, page 81, line 29, leave out ‘In section 15(3)(d) (funding of Local |
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| Safeguarding Children Boards)’ and insert ‘In section 15(3) (funding of Local |
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| Safeguarding Children Boards)— |
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| | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | Member’s explanatory statement
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| | This amendment provides that, where the principal of a secure college is a Board partner of the |
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| | authority that established a Local Safeguarding Children Board, the Secretary of State is only a |
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| | person who may make payments towards expenditure incurred by the Board if the college is |
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| | directly managed, rather than contracted-out. |
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| Schedule 4, page 81, line 30, at end insert— |
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| | ‘32A | In section 33(3) (funding of Local Safeguarding Children Boards in Wales)— |
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| | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | (b) | in paragraph (d), after “or prison” insert “or the principal of a |
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| | contracted-out secure college”.’. |
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| Schedule 4, page 81, line 33, after ‘references’ insert ‘to a directly managed secure |
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| Schedule 4, page 81, line 34, leave out ‘such a’ and insert ‘a contracted-out,’. |
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| Schedule 4, page 81, line 35, leave out ‘1’ and insert ‘27’. |
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| Clause 24, page 23, line 12, leave out ‘single’ and insert ‘two’. |
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| Clause 24, page 23, line 23, leave out subsection (4) and insert— |
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| | ‘( ) | In subsection (3), for “The” substitute “Where a relevant prosecutor issues a |
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| | written charge and a requisition, the”.’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 49 provide that prosecutors must serve a copy of a single justice |
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| | procedure notice on a designated officer for a magistrates’ court (the person responsible for |
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| | administering the process) and not a specific court. This is to facilitate cases started in this way |
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| | being dealt with in any magistrates’ court. |
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| Clause 24, page 23, line 28, at end insert— |
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| | ‘“(3ZA) | Where a relevant prosecutor issues a written charge and a single justice procedure |
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| | notice, the written charge and notice must be served on the person concerned, and |
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| | a copy of both must be served on the designated officer specified in the notice.’. |
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| Clause 24, page 23, line 29, leave out first ‘the’ and insert ‘a’. |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendments 48 and 49. |
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| Clause 24, page 24, line 5, after ‘issue’ insert ‘written charges,’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 52 make clear that an order authorising a prosecutor to issue |
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| | requisitions and single justice procedure notices, or just single justice procedure notices, will also |
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| | authorise the issue of written charges. |
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| Clause 24, page 24, line 7, after ‘only’ insert ‘written charges and’. |
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| Clause 24, page 24, line 15, at end insert— |
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| | ‘(11) | No offences shall be triable under this procedure unless specified in regulations |
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| | made by the Secretary of State and of which a draft has been laid before, and |
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| | approved by each House of Parliament.’. |
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| Clause 26, page 25, leave out lines 27 to 32. |
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| Clause 26, page 25, line 27, leave out ‘for the magistrates’ court’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 54, 54A, 55, 56 and 60 make clear that a single justice |
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| | procedure notice will identify a designated officer for a magistrates’ court (the person responsible |
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| | for administering the process), rather than a specific magistrates’ court, and that any magistrates’ |
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| | court may deal with a case started in this way. |
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| Clause 26, page 25, line 38, at end insert— |
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| | ‘(c) | a submission from the DVLA to inform the court of any penalty points |
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| | endorsed on the defendant’s driver record.’. |
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| Clause 26, page 26, line 2, leave out ‘for the magistrates’ court’. |
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| Clause 26, page 26, leave out lines 5 and 6. |
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| Clause 26, page 26, line 7, leave out from ‘parties’ to end. |
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| Clause 26, page 26, leave out lines 15 to 17 and insert— |
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| | ‘( ) | Any magistrates’ court may try a written charge in accordance with subsections |
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| | (3) to (8), whether or not its designated officer is specified in the single justice |
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| Clause 26, page 26, line 18, at end insert— |
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| | ‘(12) | Prior to a paper procedure the court must publish the cases to which it will apply |
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| | and when it will take place, and |
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| | (13) | Following a paper procedure the court must publish the outcome.’. |
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| Clause 26, page 26, line 27, leave out ‘for the magistrates’ court’. |
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| Clause 26, page 26, line 33, leave out from ‘court’ to ‘must’ in line 34 and insert |
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| ‘dealing with the matter’. |
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| Clause 26, page 27, line 24, leave out from ‘be)’ to end of line 28. |
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| | Member’s explanatory statement
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| | This amendment removes a provision treating a magistrates’ court issuing a summons under new |
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| | sections 16B and 16C and the court specified in the summons as being in the same local justice |
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| Clause 26, page 27, line 31, leave out from ‘before’ to ‘and’ in line 33 and insert ‘a |
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| magistrates’ court for the purpose specified in the earlier summons;’. |
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| | Member’s explanatory statement
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| | New section 16D(2) of the Magistrates’ Courts Act 1980, inserted by clause 26, provides that, |
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| | following the issue of a summons under new section 16B or 16C, a justice of the peace may issue |
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| | a further summons. This amendment provides that the further summons may require the person |
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| | concerned to appear before any magistrates’ court. |
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| Clause 26, page 28, line 5, at end insert— |
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| | ‘( ) | This section does not apply if the trial of the written charge has been adjourned |
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| | under section 16B(3)(a) or 16C(3)(a).’. |
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| | Member’s explanatory statement
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| | This amendment provides that, if proceedings are moved from the procedure under section 16A of |
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| | the Magistrates’ Courts Act 1980 to the usual procedure in a traditional magistrates’ court, the |
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| | new statutory declaration procedure in section 16E of that Act will no longer be available. Instead, |
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| | the statutory declaration procedure in section 14 of that Act will be available. |
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| Clause 26, page 28, line 11, at end insert ‘or that the accused did not understand the |
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| documents specified in 16(a)(2).’. |
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| Clause 26, page 28, line 14, leave out ‘for the magistrates’ court’. |
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| Clause 27, page 29, leave out line 39. |
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| Clause 45, page 48, line 21, leave out ‘and 20F’ and insert ‘to 20G’. |
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| | Member’s explanatory statement
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| | This is consequential on amendments 66, 74 and 75. |
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| Clause 45, page 49, leave out lines 4 to 9. |
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| | Member’s explanatory statement
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| | This amendment and amendments 74 and 75 replace subsections (5) and (6) of new section 20E of |
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| | the Juries Act 1974 and subsections (7) and (8) of new section 20F of that Act with provision to the |
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| | same effect in a new section 20G. |
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| Clause 45, page 49, line 24, at end insert— |
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| | ‘(A1) | It is not an offence under section 20D for a person to disclose information to a |
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| | person listed in subsection (A2) if— |
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| | (a) | the disclosure is made after the jury in the proceedings mentioned in |
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| | section 20D(1) has been discharged, and |
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| | (b) | the person making the disclosure reasonably believes that— |
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| | (i) | an offence or contempt of court has been, or may have been, |
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| | committed by or in relation to a juror in connection with those |
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| | (ii) | conduct of a juror in connection with those proceedings may |
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| | provide grounds for an appeal against conviction or sentence. |
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| | (a) | a member of a police force; |
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| | (b) | a judge of the Court of Appeal; |
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| | (c) | the registrar of criminal appeals; |
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| | (d) | a judge of the court where the proceedings mentioned in section 20D(1) |
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| | (e) | a member of staff of that court who would reasonably be expected to |
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| | disclose the information only to a person mentioned in paragraphs (b) to |
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| | (A3) | It is not an offence under section 20D for a member of a police force to disclose |
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| | information for the purposes of obtaining assistance in deciding whether to |
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| | submit the information to a judge of the Court of Appeal or the registrar of |
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| | criminal appeals, provided that the disclosure does not involve publishing the |
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| | Member’s explanatory statement
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| | This amendment and amendment 70 replace subsection (3) of new section 20F of the Juries Act |
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| | 1974 with provision which additionally allows disclosure of information to a member of a police |
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| | force in specified circumstances. The amendment also provides that disclosure is only permitted |
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| | after the jury has been discharged. |
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| Clause 45, page 49, line 35, leave out second ‘to’ and insert ‘for the purposes of |
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| | Member’s explanatory statement
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| | This amendment and amendment 69 amend new section 20F(2) of the Juries Act 1974 to ensure |
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| | that the judge or registrar does not have to contact the defendant or legal representative |
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| | personally when making a disclosure to enable them to consider whether a juror’s conduct may |
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| | provide grounds for appeal. |
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| Clause 45, page 49, line 39, leave out ‘for the purposes of considering’ and insert |
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| Clause 45, page 49, line 42, leave out from beginning to end of line 3 on page 50. |
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| Clause 45, page 50, line 5, after ‘(1)’ insert ‘or (2)’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 72 amend new section 20F(4) of the Juries Act 1974 to allow |
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| | disclosure of jury deliberations where someone reasonably believes that a disclosure under section |
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| | 20F(2) has been made. The disclosure must be for the purpose of considering whether a juror’s |
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| | conduct provides grounds for appeal. |
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| Clause 45, page 50, line 6, at end insert ‘or consideration in question’. |
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| Clause 45, page 50, line 17, at end insert— |
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| | ‘(5A) | It is not an offence under section 20D for a person to disclose information in the |
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| | course of taking reasonable steps to prepare for proceedings described in |
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| | subsection (5)(a) to (c).’. |
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