| Amendments proposed to the Access to Justice Bill [Lords] - continued | House of Commons |
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Mr Edward Garnier 81 Clause 13, page 10, line 14, at end insert—'(4) The Commission shall have a duty to ensure that the provisions set out in this Act shall be implemented in such a way as to accord to any person or suspected of having committed a criminal offence the right given to him by Article 6 of the European Convention on Human Rights, to choose his own lawyer.'.
Mr Geoffrey Hoon 19 Clause 13, page 10, line 15, leave out subsection (2).
Mr Geoffrey Hoon 20 Clause 13, page 10, line 36, leave out subsection (4) and insert—'( ) The Commission shall fund services as part of the Criminal Defence Service in accordance with sections 14 and 15.'.
Mr Edward Garnier 82 Clause 13, page 10, line 46, at end insert—'(7) Before the provisions for the implementation of the Criminal Defence Service are introduced across England and Wales there shall be a period of twelve months during which pilot schemes for such a service shall be introduced covering five geographical areas of England and Wales, such areas being those considered by the Lord Chancellor to be most appropriate for testing the operation of the Service.'.
Mr Edward Garnier 83 Clause 13, page 10, line 46, at end insert—'(8) No steps shall be taken to implement the procedures set in in sections 13 to 23 unless the Lord Chancellor has laid before Parliament
Mr Edward Garnier 84 Clause 13, page 10, line 46, at end insert—'(9) No steps shall be taken to implement the procedures set out in sections 13 to 23 unless there is laid before Parliament a report by the Audit Commission containing—
Mr Edward Garnier 85 Clause 13, page 10, line 46, at end insert—'(10) At the end of a period of three years following the introduction of the Criminal Defence Service, the Audit Commission shall lay before Parliament an assessment of (a) the cost to the Exchequer and (b) the quality of the service and a comparison with (a) the cost to the Exchequer and (b) the quality of the services provided by legally-aided criminal practitioners in England and Wales during the same period.'.
Mr Geoffrey Hoon 21 Clause 14, page 11, line 5, leave out 'in such other circumstances as the Lord Chancellor may prescribe' and insert 'involved in criminal investigations in such other circumstances as may be prescribed;and for this purpose "criminal investigations" means investigations relating to offences or to individuals convicted of an offence.'.
Mr Geoffrey Hoon 22 Clause 14, page 11, line 18, after 'assistance,', insert—
Mr Geoffrey Hoon 23 Clause 14, page 11, line 20, leave out ', except itself providing advice or assistance'.
Mr Geoffrey Hoon 24 Clause 15, page 11, line 40, at end insert—
Mr Geoffrey Hoon 25 Clause 15, page 11, line 43, leave out ', except itself providing representation'.
Mr Geoffrey Hoon 26 Clause 15, page 12, line 25, at end insert—
Mr Edward Garnier 122 *Clause 15, page 12, line 33, at end insert 'save that an individual who has been provided with advice or assistance at a police station by a representative whom he has not expressly selected shall have the right to select another representative for representation.'.
Mr Geoffrey Hoon 27 Clause 15, page 12, line 35, at end add—'(10) Regulations may provide that in prescribed circumstances the Commission is not required to fund, or to continue to fund, representation for an individual by a particular representative (but such provision shall not prejudice any right of the individual to select another representative). (11) The circumstances which may be prescribed by regulations under subsection (8) or (10) include that a determination has been made by a prescribed body or person.'.
Mr Edward Garnier 123 *Clause 15, page 12, line 35, at end add—'( ) Regulations shall provide that where a person employed by the Commission provides advice, assistance or representation, he shall first inform the individual that he is an employee of the Commission and that the individual shall then be entitled to select an alternative representative who is not employed by the Commission.'.
Mr Geoffrey Hoon To move, That Clause 15 be divided into two Clauses, the first consisting of subsections (1) to (6) (Representation) and the second of subsections (7) to (11) (Selection of representative etc.).
Mr Geoffrey Hoon 28 Schedule 3, page 60, leave out lines 17 to 31.
Mr Geoffrey Hoon 29 Schedule 3, page 60, line 35, at end insert—'( ) Where a right of representation is granted for the purposes of criminal proceedings before a court it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental.'.
Mr Geoffrey Hoon 30 Schedule 3, page 60, line 42, leave out 'before a court may be withdrawn by the court' and insert 'may be withdrawn by the court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.'.
Mr Geoffrey Hoon 31 Clause 16, page 12, line 37, after 'Commission', insert ', and employees of any body established and maintained by the Commission,'.
Mr Geoffrey Hoon 32 Clause 17, page 13, line 19, leave out 'the Crown Court' and insert 'any court other than a magistrates' court'.
Mr Geoffrey Hoon 33 Clause 17, page 13, line 20, leave out 'trial judge' and insert 'court'.
Mr Geoffrey Hoon 34 Clause 17, page 13, leave out line 22 and insert 'any representation so funded for him (in proceedings in that or any other court).'
Mr Geoffrey Hoon 35 Clause 17, page 13, line 31, leave out from 'furnishing' to second 'to' in line 32 and insert 'of information and evidence to the court or the Commission for the purpose of enabling the court'.
Mr Geoffrey Hoon 36 Clause 17, page 13, line 34, at end insert—
Mr Geoffrey Hoon 15 Clause 22, page 16, line 6, at end insert 'and any authorised by the Commission to be taken.'.
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| ©Parliamentary copyright 1998 | Prepared 29 Apr 1999 |