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Mr. Mullin: Does the Solicitor-General agree that, far from reducing the burden on the Crown Prosecution Service, the Bill will increase it, because the CPS will have to make a judgment about each separate item? Alternatively, will not the CPS leave the responsibility to the police because, as he knows, the CPS is seriously overstretched?
7.45 pm
The Solicitor-General: Such complaints are made by people who do not have sufficient first-hand experience of the system. One of the problems of the present system is that far too much material--indeed, virtually the bulk of the prosecution material as defined by the broad test of the Keane case--is revealed by the police, first to the prosecution and then by the prosecution to the defence, irrespective of what the defence case is. That must be stopped. We must introduce into our law a test that is focused on the revelation and dissemination to the prosecution and the defence of material that is necessary in the interests of justice. At the moment, virtually
everything that the police find must be copied and disgorged through the system to the prosecution and the defence.
Amendment No. 30 proposes a test of relevance, which includes everything that might have a bearing on the case. That is very different from whether it has a bearing on the defence, and that is what the accused relies upon in court. The affect of the current test is that the police often have to photocopy and deliver large volumes of material to the accused, much of which is unnecessary and completely irrelevant to the defence. It places upon the police, as the hon. Member for Cardiff, South and Penarth said, a completely disproportionate burden.
A test as wide ranging as "relevance" does nothing to narrow the issues in dispute in the case. One of the objectives achieved by the legislation is not only to reduce the volume and nature of the material that goes down the pipeline from the prosecution to the defence, but to put in place a system that will enable the issues in the case to be identified before the trial begins. Our present system is sorely defective, in that it does not achieve that. All too often, we go into cases not knowing what the issues are, and we sometimes sit for weeks before the issues emerge. That must not be allowed to continue.
Amendment No. 72 would replace the word "undermine" with the phrase "cast serious doubt on". I do not accept that the word "undermine" is unduly weighty. It is designed to ensure that the prosecutor discloses at the first stage material that, generally speaking, has an adverse effect on the strength of the prosecution case. I urge those who say that that is an unduly narrow test to hold on because the machine does not stop there. The next stage is for the defence to put its case and then secondary prosecution disclosure takes place.
The second reason why I invite the House to reject amendment No. 72 is that it would not materially benefit the accused. It may create difficulties of its own by requiring the prosecutor to consider whether material casts doubt on the prosecution or serious doubt. There would be word pinching about whether it was a doubt or, as the amendment requires, a "serious doubt".
Amendments Nos. 32 and 72--a similar amendment was tabled in Committee--would introduce an objective test. They would give rise to the risk of judicial review of many thousands of cases in the magistrates court where, under our new regime, for the first time, there would be disclosure. There would be a risk of judicial review along the lines that existed for a period on the grounds of abuse of process based on delay. We do not want to return to that.
Mr. Michael:
I am concerned at what the Solicitor-General is saying. First, the meaning that he places on the word "undermine" is far too slack. It means material that would do far more than merely have an adverse effect on the prosecution case, and therefore it is an onerous test. The test that we suggest involves material that would cast "serious doubt". I am not satisfied with his explanation. That would lead us to press amendment No. 72 to a vote. I invite him to explain why more legal challenges would be likely on our suggested wording than on his word, "undermine". Surely that word opens up far more avenues for argument than does our suggested formulation.
The Solicitor-General:
The elimination of the words "in the prosecutor's opinion" and the substitution of that
Mr. Michael:
With respect, I was talking about amendment No. 72. It was on that narrow point that I was asking for a response.
The Solicitor-General:
The original White Paper, on which we consulted widely, had the word "undermine" in it. There was no dissent from that. When the Bill was introduced in the other place, the former Lord Chief Justice, Lord Taylor, gave it his blessing. We have considered time and time again the representations that we have had not only from the Opposition but from the Criminal Bar Association, the Bar Council and the Law Society and concluded that the present test is the correct one.
Amendments Nos. 31, 33 and 34 are not necessary. The code of practice provides that material that is relevant to the investigation must be recorded and retained by the investigator and revealed to the prosecutor, who will receive a schedule of sensitive material and a schedule of non-sensitive material. The description of each item on the schedule should make clear the nature of the item and contain sufficient detail to enable the prosecutor to form a judgment on whether it should be disclosed. Furthermore, clause 4 provides that the prosecutor must give the accused the schedule of non-sensitive material at the time of primary prosecution disclosure.
Similarly, amendment No. 34, which widens the definition of prosecution material in clause 7, is unnecessary because clause 8 provides that if the accused has reason to believe that the prosecutor has material that has not been disclosed and that might reasonably be expected to assist his defence, which he has disclosed, he may apply to the court for an order requiring the prosecutor to disclose such material. It is perfectly open for the defence in those circumstances to apply to the court for disclosure of the material that the prosecutor has not himself inspected but which is referred to on the schedule. That should allay the fear of the hon. Member for Sunderland, South that the defence will not be put in a position to put forward its best defence. We are confident that this regime, considered in full, will achieve the essential objective of doing justice in all cases. I therefore invite the House to reject the amendment.
Mr. Mullin:
I want to address one point made by the Solicitor-General. He said that he suspected that the fears were on the part of people who were stuck in the past and who do not have too much experience. I will own up to not having much experience of the conduct of criminal cases, although some of those in which I have had an interest were large and complex. My points about the extra burden that would be placed on the prosecutor were made not by me, but in a paper by the Criminal Bar Association. The signatures on the bottom are those of Mr. Roy Amlot, QC; Mr. John Nutting, QC; Mr. Stephen Kramer, QC; Mr. David Perry; and Mr. Jeremy Dein, on behalf of the Criminal Bar Association. Those gentlemen have quite a lot of experience of the criminal justice process. I cannot stress too strongly that it is their opinion, not mine.
I take a more robust view than my Front-Bench colleagues, but I recognise that their amendments are an improvement on what is in the Bill. So, with some reluctance, I withdraw my amendment in favour of those of my hon. Friends.
Amendment, by leave, withdrawn.
Amendment proposed: No. 72, in page 2, line 35, leave out 'undermine' and insert 'cast serious doubt on'.--[Mr. Michael.]
Question put, That the amendment be made:
The House divided: Ayes 143, Noes 200.
Tellers for the Ayes:
Tellers for the Noes:
Question accordingly negatived.
AYES
Adams, Mrs Irene
Ainger, Nick
Allen, Graham
Anderson, Donald (Swansea E)
Anderson, Ms Janet (Ros'dale)
Ashton, Joe
Austin-Walker, John
Banks, Tony (Newham NW)
Barnes, Harry
Bayley, Hugh
Bell, Stuart
Benn, Rt Hon Tony
Bennett, Andrew F
Benton, Joe
Bermingham, Gerald
Berry, Roger
Betts, Clive
Burden, Richard
Byers, Stephen
Callaghan, Jim
Campbell, Mrs Anne (C'bridge)
Campbell, Menzies (Fife NE)
Campbell, Ronnie (Blyth V)
Canavan, Dennis
Carlile, Alexander (Montgomery)
Chisholm, Malcolm
Clark, Dr David (South Shields)
Clwyd, Mrs Ann
Coffey, Ms Ann
Connarty, Michael
Corston, Jean
Cunningham, Jim (Covy SE)
Davies, Bryan (Oldham C'tral)
Davies, Chris (L'Boro & S'worth)
Davies, Ron (Caerphilly)
Denham, John
Dewar, Donald
Dixon, Don
Eagle, Ms Angela
Eastham, Ken
Etherington, Bill
Evans, John (St Helens N)
Fatchett, Derek
Field, Frank (Birkenhead)
Foster, Rt Hon Derek
Foster, Don (Bath)
Fraser, John
Fyfe, Maria
Gapes, Mike
George, Bruce
Gerrard, Neil
Godsiff, Roger
Golding, Mrs Llin
Griffiths, Win (Bridgend)
Grocott, Bruce
Hain, Peter
Harvey, Nick
Henderson, Doug
Heppell, John
Hill, Keith (Streatham)
Hinchliffe, David
Hoey, Kate
Hughes, Kevin (Doncaster N)
Hughes, Robert (Aberdeen N)
Hughes, Simon (Southwark)
Hutton, John
Illsley, Eric
Ingram, Adam
Jackson, Helen (Shef'ld, H)
Jamieson, David
Jenkins, Brian (SE Staff)
Johnston, Sir Russell
Jones, Barry (Alyn and D'side)
Jones, Ieuan Wyn (Ynys Mon)
Jones, Lynne (B'ham S O)
Keen, Alan
Kennedy, Charles (Ross,C&S)
Khabra, Piara S
Kilfoyle, Peter
Liddell, Mrs Helen
Livingstone, Ken
Llwyd, Elfyn
Loyden, Eddie
McAllion, John
McAvoy, Thomas
McCartney, Ian
Macdonald, Calum
McKelvey, William
Maclennan, Robert
Madden, Max
Mahon, Alice
Marshall, David (Shettleston)
Marshall, Jim (Leicester, S)
Maxton, John
Michael, Alun
Michie, Mrs Ray (Argyll & Bute)
Moonie, Dr Lewis
Morgan, Rhodri
Morris, Estelle (B'ham Yardley)
Mowlam, Marjorie
Mudie, George
Mullin, Chris
Murphy, Paul
O'Brien, William (Normanton)
O'Hara, Edward
Olner, Bill
Orme, Rt Hon Stanley
Pearson, Ian
Pike, Peter L
Pope, Greg
Prentice, Gordon (Pendle)
Prescott, Rt Hon John
Reid, Dr John
Rogers, Allan
Rooker, Jeff
Ross, Ernie (Dundee W)
Rowlands, Ted
Simpson, Alan
Skinner, Dennis
Smith, Llew (Blaenau Gwent)
Spellar, John
Squire, Rachel (Dunfermline W)
Stevenson, George
Strang, Dr. Gavin
Straw, Jack
Taylor, Mrs Ann (Dewsbury)
Taylor, Matthew (Truro)
Tipping, Paddy
Touhig, Don
Trickett, Jon
Turner, Dennis
Tyler, Paul
Vaz, Keith
Walker, Rt Hon Sir Harold
Wallace, James
Wardell, Gareth (Gower)
Welsh, Andrew
Williams, Rt Hon Alan (Sw'n W)
Williams, Alan W (Carmarthen)
Wilson, Brian
Winnick, David
Wise, Audrey
Worthington, Tony
Mr. Eric Clarke and
Mr. Robert Ainsworth.
NOES
Ainsworth, Peter (East Surrey)
Alexander, Richard
Alison, Rt Hon Michael (Selby)
Allason, Rupert (Torbay)
Amess, David
Arnold, Jacques (Gravesham)
Arnold, Sir Thomas (Hazel Grv)
Atkinson, Peter (Hexham)
Baker, Nicholas (North Dorset)
Banks, Matthew (Southport)
Bates, Michael
Batiste, Spencer
Beggs, Roy
Bellingham, Henry
Beresford, Sir Paul
Biffen, Rt Hon John
Bonsor, Sir Nicholas
Boswell, Tim
Bottomley, Peter (Eltham)
Bowis, John
Brandreth, Gyles
Brazier, Julian
Browning, Mrs Angela
Bruce, Ian (South Dorset)
Burt, Alistair
Butterfill, John
Carlisle, Sir Kenneth (Lincoln)
Carrington, Matthew
Carttiss, Michael
Cash, William
Channon, Rt Hon Paul
Clappison, James
Clark, Dr Michael (Rochford)
Clifton-Brown, Geoffrey
Coe, Sebastian
Congdon, David
Conway, Derek
Coombs, Anthony (Wyre For'st)
Cope, Rt Hon Sir John
Couchman, James
Cran, James
Curry, David (Skipton & Ripon)
Davies, Quentin (Stamford)
Deva, Nirj Joseph
Devlin, Tim
Douglas-Hamilton, Lord James
Dover, Den
Duncan, Alan
Duncan Smith, Iain
Dykes, Hugh
Evans, Jonathan (Brecon)
Evans, Nigel (Ribble Valley)
Evennett, David
Faber, David
Fabricant, Michael
Fenner, Dame Peggy
Field, Barry (Isle of Wight)
Fishburn, Dudley
Forman, Nigel
Forsythe, Clifford (S Antrim)
Forth, Eric
Fox, Rt Hon Sir Marcus (Shipley)
French, Douglas
Fry, Sir Peter
Gale, Roger
Gardiner, Sir George
Garnier, Edward
Gill, Christopher
Gillan, Cheryl
Goodlad, Rt Hon Alastair
Goodson-Wickes, Dr Charles
Gorst, Sir John
Greenway, Harry (Ealing N)
Greenway, John (Ryedale)
Griffiths, Peter (Portsmouth, N)
Grylls, Sir Michael
Hamilton, Rt Hon Sir Archibald
Hamilton, Neil (Tatton)
Hanley, Rt Hon Jeremy
Hannam, Sir John
Hargreaves, Andrew
Haselhurst, Sir Alan
Hawkins, Nick
Hawksley, Warren
Heald, Oliver
Hendry, Charles
Hill, James (Southampton Test)
Horam, John
Howell, Rt Hon David (G'dford)
Howell, Sir Ralph (N Norfolk)
Hughes, Robert G (Harrow W)
Hunt, Rt Hon David (Wirral W)
Hunt, Sir John (Ravensbourne)
Hunter, Andrew
Jackson, Robert (Wantage)
Jenkin, Bernard
Jessel, Toby
Jones, Gwilym (Cardiff N)
Kellett-Bowman, Dame Elaine
Key, Robert
Kirkhope, Timothy
Knapman, Roger
Knight, Rt Hon Greg (Derby N)
Knox, Sir David
Kynoch, George (Kincardine)
Lang, Rt Hon Ian
Lawrence, Sir Ivan
Legg, Barry
Leigh, Edward
Lester, Sir James (Broxtowe)
Lidington, David
Lilley, Rt Hon Peter
MacGregor, Rt Hon John
MacKay, Andrew
Maclean, Rt Hon David
McLoughlin, Patrick
Madel, Sir David
Maginnis, Ken
Maitland, Lady Olga
Malone, Gerald
Mans, Keith
Marland, Paul
Marshall, John (Hendon S)
Merchant, Piers
Mitchell, Andrew (Gedling)
Mitchell, Sir David (NW Hants)
Molyneaux, Rt Hon Sir James
Monro, Rt Hon Sir Hector
Neubert, Sir Michael
Newton, Rt Hon Tony
Nicholls, Patrick
Nicholson, David (Taunton)
Norris, Steve
Oppenheim, Phillip
Ottaway, Richard
Page, Richard
Paice, James
Patnick, Sir Irvine
Patten, Rt Hon John
Pattie, Rt Hon Sir Geoffrey
Pawsey, James
Peacock, Mrs Elizabeth
Pickles, Eric
Porter, David (Waveney)
Powell, William (Corby)
Rathbone, Tim
Riddick, Graham
Rifkind, Rt Hon Malcolm
Robathan, Andrew
Roberts, Rt Hon Sir Wyn
Robertson, Raymond (Ab'd'n S)
Robinson, Mark (Somerton)
Ross, William (E Londonderry)
Rowe, Andrew (Mid Kent)
Sackville, Tom
Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)
Shephard, Rt Hon Gillian
Shepherd, Sir Colin (Hereford)
Shersby, Sir Michael
Sims, Roger
Skeet, Sir Trevor
Smith, Tim (Beaconsfield)
Speed, Sir Keith
Spencer, Sir Derek
Spicer, Sir James (W Dorset)
Spicer, Sir Michael (S Worcs)
Spink, Dr Robert
Sproat, Iain
Squire, Robin (Hornchurch)
Stanley, Rt Hon Sir John
Stephen, Michael
Stern, Michael
Stewart, Allan
Streeter, Gary
Sweeney, Walter
Sykes, John
Tapsell, Sir Peter
Taylor, John M (Solihull)
Thomason, Roy
Thompson, Patrick (Norwich N)
Townsend, Cyril D (Bexl'yh'th)
Tracey, Richard
Trotter, Neville
Twinn, Dr Ian
Vaughan, Sir Gerard
Viggers, Peter
Wardle, Charles (Bexhill)
Waterson, Nigel
Watts, John
Wells, Bowen
Whittingdale, John
Widdecombe, Ann
Willetts, David
Wilshire, David
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macc'f'ld)
Wolfson, Mark
Wood, Timothy
Young, Rt Hon Sir George
Dr. Liam Fox and
Mr. Simon Burns.
Amendment made: No. 10, in page 5, line 15, leave out 'to the prosecutor'.--[Mr. Maclean.]
Amendment made: No. 11, in page 5, line 45, leave out 'to the prosecutor'.--[Mr. Maclean.]
Amendment made: No. 12, in page 6, line 46, leave out 'to the prosecutor'.--[Mr. Maclean.]
Amendments made: No. 13, in page 7, line 37, leave out 'that section' and insert 'section 5'.
No. 14, in page 7, line 40, leave out 'that section' and insert 'section 5'.
No. 15, in page 7, line 43, leave out 'that section' and insert 'section 5'.
No. 16, in page 8, line 2, leave out 'that section' and insert 'section 5'.--[Mr. Maclean.]
Amendment made: No. 18, in page 15, line 1, at end insert--
'(aa) that where a criminal investigation is conducted all reasonable steps are taken for the purposes of the investigation and, in particular, all reasonable lines of inquiry are pursued;'.--[Mr. Maclean.]
Amendment made: No. 35, in page 27, line 24, leave out from '(repeals)' to end of line 25 and insert
'the entries relating to the following (which concern committal, transfer and other matters) shall be omitted--
(a) sections 13(3) and 49(2) of the Criminal Justice Act 1925;
(b) section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(c) section 7 of the Criminal Justice Act 1967 and in section 36(1) of that Act the definition of "committal proceedings";
(d) in paragraph 1 of Schedule 2 to the Criminal Appeal Act 1968 the words from "section 13(3)" to "but";
(e) in section 46(1) of the Criminal Justice Act 1972 the words "Section 102 of the Magistrates' Courts Act 1980 and", "which respectively allow", "committal proceedings and in other", "and section 106 of the said Act of 1980", "which punish the making of", "102 or" and ", as the case may be", and section 46(2) of that Act;
(f) in section 32(1)(b) of the Powers of Criminal Courts Act 1973 the words "tried or";
(g) in Schedule 1 to the Interpretation Act 1978, paragraph (a) of the definition of "Committed for trial";
(h) in section 97(1) of the Magistrates' Courts Act 1980 the words from "at an inquiry" to "be) or", sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of "committal proceedings", and paragraph 2 of Schedule 5 to that Act;
(i) in section 2(2)(g) of the Criminal Attempts Act 1981 the words "or committed for trial";
(j) in section 1(2) of the Criminal Justice Act 1982 the words "trial or";
(k) paragraphs 10 and 11 of Schedule 2 to the Criminal Justice Act 1987;
(l) in section 20(4)(a) of the Legal Aid Act 1988 the words "trial or", and section 20(4)(bb) and (5) of that Act;
(m) in section 1(4) of the War Crimes Act 1991 the words "England, Wales or", and Part I of the Schedule to that Act.'--[Mr. Maclean.]
Amendment made: No. 36, in page 28, line 23, after 'proceedings' insert 'and related matters'.--[Mr. Maclean.]
Amendments made: No. 1, in page 40, line 32, leave out 'sections'.
No. 2, in page 40, line 33, at end insert--
'"Issue of witness summons on application'.
No. 3, in page 40, line 34, leave out
'Summons to witness to attend Crown Court'
and insert
'Issue of witness summons on application to Crown Court'.
No. 4, in page 41, line 5, after 'issued' insert 'under this section'.
No. 5, in page 41, line 6, leave out
'by a party to the case'.
No. 6, in page 41, line 26, at end insert--
'(aa) may, in such cases as the rules may specify, require an application to be made by a party to the case;'.
No. 7, in page 41, line 37, after 'hearing' insert
'of the application for the witness summons'.
No. 8, in page 42, line 13, after 'summons' insert
'which is issued under section 2 above and'.
No. 9, in page 43, line 45, at end insert--
Issue of witness summons of Crown Court's own motion
2D. For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to--
(a) attend before the court at the time and place stated in the summons, and
(b) give evidence, or produce any document or thing specified in the summons.
Application to make summons ineffective
2E.--(1) If a witness summons issued under section 2D above is directed to a person who--
(a) applies to the Crown Court, and
(b) satisfies the court that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence,
the court may direct that the summons shall be of no effect.
(2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.
(3) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.
(4) Crown Court rules may, in such cases as the rules may specify, require that where--
(a) a person applying under this section can produce a particular document or thing, but
(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,
he must arrange for the document or thing to be available at the hearing of the application.
Amendment made: No. 19, in page 48, line 29, leave out 'section' and insert
'sections 43, 45, (Abolition of witness orders), (Witness summons: securing attendance of witness), (Use of written statements and depositions at trial) and'.--[Mr. Maclean.]
1.--(1) Sub-paragraph (2) applies if--
(a) a written statement has been admitted in evidence in proceedings before a magistrates' court inquiring into an offence as examining justices,
(b) in those proceedings a person has been committed for trial,
(c) for the purposes of section 5A of the Magistrates' Courts Act 1980 the statement complied with section 5B of that Act prior to the committal for trial,
(d) the statement purports to be signed by a justice of the peace, and
(e) sub-paragraph (3) does not prevent sub-paragraph (2) applying.
(2) Where this sub-paragraph applies the statement may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) does not apply if--
(a) it is proved that the statement was not signed by the justice by whom it purports to have been signed,
(b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or
(c) a party to the proceedings objects to sub-paragraph (2) applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
2.--(1) Sub-paragraph (2) applies if--
(a) in pursuance of section 97A of the Magistrates' Courts Act 1980 (summons or warrant to have evidence taken as a deposition etc.) a person has had his evidence taken as a deposition for the purposes of proceedings before a magistrates' court inquiring into an offence as examining justices,
(b) the deposition has been admitted in evidence in those proceedings,
(c) in those proceedings a person has been committed for trial,
(d) for the purposes of section 5A of the Magistrates' Courts Act 1980 the deposition complied with section 5C of that Act prior to the committal for trial,
(e) the deposition purports to be signed by the justice before whom it purports to have been taken, and
(f) sub-paragraph (3) does not prevent sub-paragraph (2) applying.
(2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) does not apply if--
(a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed,
(b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or
(c) a party to the proceedings objects to sub-paragraph (2) applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
3.--(1) A justice who signs a certificate authenticating one or more relevant statements or depositions shall be treated for the purposes of paragraphs 1 and 2 as signing the statement or deposition or (as the case may be) each of them.
(2) For this purpose--
(a) a relevant statement is a written statement made by a person for the purposes of proceedings before a magistrates' court inquiring into an offence as examining justices;
(b) a relevant deposition is a deposition made in pursuance of section 97A of the Magistrates' Courts Act 1980 for the purposes of such proceedings.
4. Without prejudice to section 84 of the Supreme Court Act 1981 (rules of court) the power to make rules under that section includes power to make provision--
(a) requiring an objection under paragraph 1(3)(c) or 2(3)(c) to be made within a period prescribed in the rules;
(b) allowing the court of trial at its discretion to permit such an objection to be made outside any such period.
5. In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial) in paragraph 1 for the words from "section 13(3)" to "before the original trial" there shall be substituted "paragraphs 1 and 2 of Schedule (Statements and depositions) to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial".
6.--(1) Section 13(3) of the Criminal Justice Act 1925 (which relates to depositions taken before examining justices and is superseded by paragraph 2 above) shall be omitted.
(2) Section 7 of the Criminal Justice Act 1967 (which is superseded by paragraph 3 above) shall be omitted.
7. This Schedule shall have effect in accordance with provision made by the Secretary of State by order.'--[Mr. Maclean.] Brought up, read the First and Second time, and added to the Bill.
Amendments made: No. 38, in page 49, line 30, at end insert--
'(dd) statements complying with section 5D below.'
No. 39, in page 49, line 31, leave out from beginning to end of line 5 on page 50 and insert--
'(e) documents falling within section 5E below.'
No. 40, in page 50, line 48, at end insert--
'(6) In this section "document" means anything in which information of any description is recorded.'
No. 41, in page 51, line 15, at end insert--
'(4) So much of any deposition as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any deposition as is not read aloud.
(5) Any document or other object referred to as an exhibit and identified in a deposition admitted in evidence by virtue of this section shall be treated as if it had been produced as an exhibit and identified in court by the person whose evidence is taken as the deposition.
(6) In this section "document" means anything in which information of any description is recorded.'
No. 42, in page 51, line 15, at end insert--
'Statements
5D.--(1) For the purposes of section 5A above a statement complies with this section if the conditions falling within subsections (2) to (4) below are met.
(2) The condition falling within this subsection is that, before the committal proceedings begin, the prosecutor notifies the magistrates' court and each of the other parties to the proceedings that he believes--
(a) that the statement might by virtue of section 23 or 24 of the Criminal Justice Act 1988 (statements in certain documents) be admissible as evidence if the case came to trial, and
(b) that the statement would not be admissible as evidence otherwise than by virtue of section 23 or 24 of that Act if the case came to trial.
(3) The condition falling within this subsection is that--
(a) the prosecutor's belief is based on information available to him at the time he makes the notification,
(b) he has reasonable grounds for his belief, and
(c) he gives the reasons for his belief when he makes the notification.
(4) The condition falling within this subsection is that when the court or a party is notified as mentioned in subsection (2) above a copy of the statement is given, by or on behalf of the prosecutor, to the court or the party concerned.
(5) So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.'
No. 43, in page 51, line 15, at end insert--
'Other documents
5E.--(1) The following documents fall within this section--
(a) any document which by virtue of any enactment is evidence in proceedings before a magistrates' court inquiring into an offence as examining justices;
(b) any document which by virtue of any enactment is admissible, or may be used, or is to be admitted or received, in or as evidence in such proceedings;
(c) any document which by virtue of any enactment may be considered in such proceedings;
(d) any document whose production constitutes proof in such proceedings by virtue of any enactment;
(e) any document by the production of which evidence may be given in such proceedings by virtue of any enactment.
(2) In subsection (1) above--
(a) references to evidence include references to prima facie evidence;
(b) references to any enactment include references to any provision of this Act.
(3) So much of any document as is admitted in evidence by virtue of this section shall, unless the court commits the accused for trial by virtue of section 6(2) below or the court otherwise directs, be read aloud at the hearing; and where the court so directs an account shall be given orally of so much of any document as is not read aloud.
(4) In this section "document" means anything in which information of any description is recorded.'
No. 44, in page 51, line 15, at end insert--
'Proof by production of copy
5F.--(1) Where a statement, deposition or document is admissible in evidence by virtue of section 5B, 5C, 5D or 5E above it may be proved by the production of--
(a) the statement, deposition or document, or
(b) a copy of it or the material part of it.
(2) Subsection (1)(b) above applies whether or not the statement, deposition or document is still in existence.
(3) It is immaterial for the purposes of this section how many removes there are between a copy and the original.
(4) In this section "copy", in relation to a statement, deposition or document, means anything onto which information recorded in the statement, deposition or document has been copied, by whatever means and whether directly or indirectly.'
No. 45, in page 51, line 41, leave out from beginning to end of line 42.
No. 46, in page 52, line 22, leave out first 'the' and insert 'a'.
No. 47, in page 52, line 33, leave out 'Isles' and insert 'Islands'.
No. 48, in page 52, line 36, leave out from beginning to end of line 38.
No. 49, in page 52, line 53, at end insert--
'(6A) Where--
(a) a summons is issued under subsection (2) above or a warrant is issued under subsection (3) or (6) above, and
(b) the summons or warrant is issued with a view to securing that a person has his evidence taken as a deposition,
the time appointed in the summons or specified in the warrant shall be such as to enable the evidence to be taken as a deposition before a magistrates' court begins to inquire into the offence concerned as examining justices.'
No. 50, in page 53, line 39, after 'for' insert
'"tendered" there shall be substituted "admitted" and for'.
No. 51, in page 53, line 40, leave out from 'Schedule 3' to end of line 41 and insert
'the following shall be substituted for paragraph 2(a) (representative may make statement on behalf of corporation before examining justices)--
"(a) make before examining justices such representations as could be made by an accused who is not a corporation;".'
No. 52, in page 53, line 43, at end insert--
14A. Sections 6 and 7 of the Criminal Law Amendment Act 1867 (statements taken under section 105 of the Magistrates' Courts Act 1980) shall be omitted.'
No. 53, in page 54, line 37, leave out paragraph 22 and insert--
'22.--(1) Section 46 of the Criminal Justice Act 1972 (written statements made outside England and Wales) shall be amended as follows.
(2) In subsection (1) the following words shall be omitted--
(a) "Section 102 of the Magistrates' Courts Act 1980 and";
(b) "which respectively allow";
(c) "committal proceedings and in other";
(d) "and section 106 of the said Act of 1980";
(e) "which punish the making of";
(f) "102 or";
(g) ", as the case may be".
(3) The following subsections shall be inserted after subsection (1)--
"(1A) The following provisions, namely--
(a) so much of section 5A of the Magistrates' Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them,
(b) section 5B of that Act, and
(c) section 106 of that Act,
shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales.
(1B) The following provisions, namely--
(a) so much of section 5A of the Magistrates' Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and
(b) section 5B of that Act,
shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom.
(1C) Where written statements are made outside the United Kingdom--
(a) section 5B of the Magistrates' Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A);
(b) paragraph 1 of Schedule (Statements and depositions) to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply."
(4) Subsection (2) shall be omitted.'
No. 54, in page 55, line 13, at end insert--
'23A. The following shall be inserted at the end of section 71 of the Police and Criminal Evidence Act 1984 (microfilm copies)--
"Where the proceedings concerned are proceedings before a magistrates' court inquiring into an offence as examining justices this section shall have effect with the omission of the words "authenticated in such manner as the court may approve."'
No. 55, in page 55, line 33, leave out lines 33 to 37 and insert--
' "(5) This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices."'
No. 56, in page 55, line 40, leave out lines 40 to 43 and insert--
' "(5) This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices."'
No. 57, in page 55, line 43, at end insert--
'28A. The following shall be inserted at the end of section 26 of the Criminal Justice Act 1988 (statements in certain documents)--
"This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices."
28B. The following shall be inserted at the end of section 27 of the Criminal Justice Act 1988 (proof of statements contained in documents)--
"This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices."'--[Mr. Maclean.]
Amendment made: No. 17, in page 61, line 9, at end insert--
'(aa) on or after the appointed day the accused is committed for trial for the offence,'.--[Mr. Maclean.]
Amendments made: No. 70, in page 62, line 22, at end insert--
'5A. In section (Time limits: transitional) (1) for "the bill of indictment is preferred" substitute "the indictment is presented".'
No. 20, in page 64, line 35, leave out from beginning to end of line 43 and insert--
'(8) This section applies where a notice of transfer is given under Article 3 of the 1988 Order or Article 4 of the 1995 Order (as the case may be) on or after the appointed day".
17A. In section (War crimes: abolition of transfer procedure) for subsections (1) and (2) substitute--
"(1) Part II of the Schedule to the War Crimes Act 1991 and section 1(4) of that Act so far as relating thereto (transfer procedure in Northern Ireland in cases of war crimes) shall cease to have effect.
(2) In Article 29(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (free legal aid in Crown Court) sub-paragraph (d) (which relates to a notice of transfer under Part II of the Schedule to the War Crimes Act 1991) shall cease to have effect." '.
No. 21, in page 67, line 7, leave out
'Summons to witness to attend Crown Court'
and insert
'Issue of witness summons on application to Crown Court'.
No. 22, in page 67, line 22, after 'issued' insert 'under this section'.
No. 23, in page 67, line 22, leave out
'by a party to the case'.
No. 24, in page 67, line 42, at end insert--
'(aa) may, in such cases as the rules may specify, require an application to be made by a party to the case;'.
No. 25, in page 67, line 52, after 'hearing' insert
'of the application for the witness summons'.
No. 26, in page 68, line 21, after 'summons' insert
'which is issued under section 51A and'.
No. 27, in page 69, line 39, at end insert--
'Issue of witness summons of Crown Court's own motion
51DA. For the purpose of any criminal proceedings before it, the Crown Court may of its own motion issue a summons (a witness summons) directed to a person and requiring him to--
(a) attend before the court at the time and place stated in the summons; and
(b) give evidence or produce any document or thing specified in the summons.
Application to make summons ineffective
51DB.--(1) If a witness summons issued under section 51DA is directed to a person who--
(a) applies to the Crown Court, and
the court may direct that the summons shall be of no effect.
(2) The Crown Court may refuse to make a direction under this section if any requirement relating to the application under this section is not fulfilled.
(3) An application under this section must be made in accordance with Crown Court rules; and different provision may be made for different cases or descriptions of case.
(4) Crown Court rules may, in such cases as the rules may specify, require that where--
(a) a person applying under this section can produce a particular document or thing, but
(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,
he must arrange for the document or thing to be available at the hearing of the application.'
No. 28, in page 70, line 46, at end insert--
'26A. In section 64(1) for "section 9 of the Criminal Justice Act 1967" substitute "section 1 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968" and for "subsection (3)(a)" substitute "subsection (4)(a)".'
No. 29, in page 75, line 38, leave out from beginning to end of line 44 and insert--
| Chapter or Number |
| Short title |
| Extent of repeal |
| 1981 NI 18 |
| The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. |
| In Article 29(2), sub-paragraph (d) and the word "or" immediately before it. |
| 1991 c.13 |
| The War Crimes Act 1991. |
| Section 1(4), so far as relating to Part II of the Schedule. |
| Section 3(3). |
| Part II of the Schedule.' |
| --[Mr. Maclean.] |
Schedule 4
Amendments made: No. 58, in page 77, line 10, column 3, leave out from beginning to end of line 12 and insert--
'In Schedule 11, the entries mentioned in note 1 below.'
No. 59, in page 77, line 12, at end insert--
'1. The entries in Schedule 11 to the 1994 Act are those relating to the following--
(a) sections 13(3) and 49(2) of the Criminal Justice Act 1925;
(b) section 1 of the Criminal Procedure (Attendance of Witnesses) Act 1965;
(c) section 7 of the Criminal Justice Act 1967 and in section 36(1) of that Act the definition of "committal proceedings";
(d) in paragraph 1 of Schedule 2 to the Criminal Appeal Act 1968 the words from "section 13(3)" to "but";
(e) in section 46(1) of the Criminal Justice Act 1972 the words "Section 102 of the Magistrates' Courts Act 1980 and", "which respectively allow", "committal proceedings and in other", "and section 106 of the said Act of 1980", "which punish the making of", "102 or" and ", as the case may be", and section 46(2) of that Act;
(g) in Schedule 1 to the Interpretation Act 1978, paragraph (a) of the definition of "Committed for trial";
(h) in section 97(1) of the Magistrates' Courts Act 1980 the words from "at an inquiry" to "be) or", sections 102, 103, 105, 106 and 145(1)(e) of that Act, in section 150(1) of that Act the definition of "committal proceedings", and paragraph 2 of Schedule 5 to that Act;
(i) in section 2(2)(g) of the Criminal Attempts Act 1981 the words "or committed for trial";
(j) in section 1(2) of the Criminal Justice Act 1982 the words "trial or";
(k) paragraphs 10 and 11 of Schedule 2 to the Criminal Justice Act 1987;
(l) in section 20(4)(a) of the Legal Aid Act 1988 the words "trial or", and section 20(4)(bb) and (5) of that Act;
(m) in section 1(4) of the War Crimes Act 1991 the words "England, Wales or", and Part I of the Schedule to that Act.'
No. 60, in page 77, line 13, leave out 'These repeals' and insert
'2. The repeals under this paragraph (reinstatement of certain provisions)'.
No. 61, in page 77, line 13, at end insert--
| Chapter |
| Short title |
| Extent of repeal |
| 1988 c.34. |
| Legal Aid Act 1988. |
| Section 20(4)(bb). |
| 1991 c.13. |
| War Crimes Act 1991. |
| In section 1(4) the words "England, Wales or". |
| Section 3(2). |
| Part I of the Schedule.' |
| No. 62, in page 78, line 4, at end insert-- |
| Chapter |
| Short title |
| Extent of repeal |
| 1965 c.69. |
| Criminal Procedure (Attendance of Witnesses) Act 1965. |
| Section 1. |
| In section 3(1) the words "witness order or". |
| In section 4(1) the words "witness order or" and (where they next occur) "order or". |
| In the proviso to section 4(1) the words from "in the case" (where they first occur) to "witness summons". |
| In section 4(2) the words "a witness order or" and (where they next occur) "order or". |
| 1971 c.23. |
| Courts Act 1971. |
| In Schedule 8, paragraph 45(1). |
| 1980 c.43. |
| Magistrates' Courts Act 1980. |
| Section 145(1)(e). |
These repeals have effect in accordance with provision made by the Secretary of State by order under section (Abolition of witness orders) of this Act.'
No. 63, in page 79, line 13, at end insert--
| '1867 c. 35. |
| Criminal Law Amendment Act 1867. |
| Section 6. |
| Section 7. |
| 1972 c.71. |
| Criminal Justice Act 1972. |
| In section 46(1) the following words-- |
| "Section 102 of the Magistrates' Courts Act 1980 and"; |
| "which respectively allow"; |
| "committal proceedings and in other"; |
| "and section 106 of the said Act of 1980"; |
| "which punish the making of"; |
| "102 or"; |
| ", as the case may be". |
| Section 46(2).' |
No. 64, in page 79, column 3, leave out lines 14 and 15.
No. 65, in page 79, leave out line 25.
No. 66, in page 79, line 25, column 3, at end insert--
| 'In Schedule 7, paragraph 2.' |
No. 67, in page 79, line 30, column 3, at end insert--
| 'In Schedule 15, paragraph 68.' |
No. 68, in page 79, line 32, at end insert--
| Chapter |
| Short title |
| Extent of repeal |
| 1925 c.86. |
| Criminal Justice Act 1925. |
| Section 13(3). |
| 1965 c.69. |
| Criminal Procedure (Attendance of Witnesses) Act 1965. |
| In Part I of Schedule 2, the entry relating to the Criminal Justice Act 1925. |
| 1967 c.80. |
| Criminal Justice Act 1967. |
| Section 7. |
| 1980 c.43. |
| Magistrates' Courts Act 1980. |
| In Schedule 7, paragraph 63. |
These repeals have effect in accordance with provision made by the Secretary of State by order under Schedule (Statements and depositions) to this Act.'--[Mr. Maclean.]
Main Question put forthwith, pursuant to Standing Order No. 60 (Amendment on Second or Third Reading), and agreed to.
Bill accordingly read the Third Time, and passed.
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