Amendment Paper as at
Tuesday 25th July 2000
CONSIDERATION OF BILL
New Amendments handed in are marked thus *
CRIMINAL JUSTICE (MODE OF TRIAL) (No. 2) BILL
NEW CLAUSES
Disclosure
Mr Humfrey Malins
Sir Nicholas Lyell
NC1
To move the following Clause:—
'. Any person charged with an offence which carries imprisonment shall be entitled, prior to trial, to receive full disclosure of the prosecution case.'.
Sentences
Mr Humfrey Malins
NC2
To move the following Clause:—
'. In respect of any offence where the Magistrates Court can pass a maximum sentence of 6 months imprisonment whereas the Crown Court can pass a sentence of 12 months or more, the Magistrates Court shall be entitled to pass a sentence of imprisonment for up to 12 months.'.
Committal for sentence
Mr David Kidney
NC3
To move the following Clause:—
'. The following shall be inserted after subsection (1) of section 38 of the Magistrates' Courts Act 1980 (committal for sentence on summary trial of offence triable either way)—
"(1A) Provided that where the court has previously decided under section 20 above that an offence ought to be tried summarily it shall not then use its powers under this section in respect of the same offence.".'.
Mr Edward Garnier
Mr Nick Hawkins
Mr Peter Luff
Sir Nicholas Lyell
Mr Simon Hughes
Jackie Ballard
16
Page 1, line 8 [Clause 1], at beginning insert—
'( ) If the accused applies to be tried on indictment, the court shall order such a trial.
( ) If no such application is received,'.
Mr Charles Kennedy
Mr A. J. Beith
Mr Simon Hughes
Jackie Ballard
Mr John Burnett
Bob Russell
1
Page 1, line 9 [Clause 1], at end insert 'and on application of the accused, shall order that he be tried on indictment.'.
Mr Humfrey Malins
5
Page 1, line 12 [Clause 1], at end insert—
'(aa) any written representations from the victim;'.
Sir Nicholas Lyell
15
Page 1, line 13 [Clause 1], leave out paragraph (b) and insert—
'(b) all the circumstances of the offence and of the accused including his antecedents if any; and'.
Mr Humfrey Malins
6
Page 1, line 13 [Clause 1], leave out '(but not of the accused)' and insert 'and of the accused'.
Mr Humfrey Malins
7
Page 1, line 14 [Clause 1], leave out 'appears' and insert 'appear'.
Mr Humfrey Malins
9
Page 1, line 17 [Clause 1], leave out 'paragraph (b)' and insert 'paragraphs (a), (b) and (d)'.
Mr Humfrey Malins
8
Page 1, line 19 [Clause 1], at end insert 'and
(d) the antecedents of the accused.'.
Mr Edward Garnier
Mr Nick Hawkins
Mr Peter Luff
Sir Nicholas Lyell
Mr Simon Hughes
Jackie Ballard
19
Page 1, line 19 [Clause 1], at end insert '; and
(d) whether in all circumstances of the case a denial of jury trial would impinge upon the rights not only of the accused but also of the community at large to have the matter considered and adjudicated by a jury.'.
Mr Douglas Hogg
22
*Page 1, line 20 [Clause 1], at end insert '; and
(d) the impact that a conviction may have upon the reputation or the livelihood of the accused.'.
Mr Douglas Hogg
23
*Page 1, line 26 [Clause 1], at end insert '; and
(c) shall if so required by the accused adjourn so that the accused shall have a period of not less than 48 hours before making such representations.'.
Mr Humfrey Malins
10
Page 1, line 27 [Clause 1], after 'shall', insert 'forthwith'.
Mr Douglas Hogg
24
*Page 2, line 1 [Clause 1], leave out 'the' and insert 'if required, written'.
Mr Humfrey Malins
11
Page 2, line 1 [Clause 1], at end insert 'which shall be full, in writing, and entered in the court register.'.
Mr Edward Garnier
Mr Nick Hawkins
Mr Peter Luff
Sir Nicholas Lyell
17
Page 2, line 3 [Clause 1], leave out from 'summarily' to 'the' and insert 'and the accused does not apply to be tried on indictment, then.'.
Mr Simon Hughes
Jackie Ballard
21
Page 2, line 3 [Clause 1], leave out from 'summarily' to 'the' in line 4 and insert 'and if the accused has not applied to be tried on indictment'.
Mr Edward Garnier
Mr Nick Hawkins
Mr Peter Luff
Sir Nicholas Lyell
Mr Simon Hughes
Jackie Ballard
20
Page 2, line 5 [Clause 1], at end insert 'and the accused shall have the same rights to legal aid and assistance by Solicitor and Counsel; and have the same rights to advance disclosure of evidence and unused material as he would have if the offence had been ordered to be tried on indictment.'.
Mr Humfrey Malins
12
Page 2, line 5 [Clause 1], at end insert—
'( ) The court shall not, in the event of a conviction, be permitted to commit the accused to the Crown Court for sentence.'.
Mr Edward Garnier
Mr Nick Hawkins
Mr Peter Luff
Sir Nicholas Lyell
Mr Simon Hughes
Jackie Ballard
18
Page 2 [Clause 1], leave out lines 6 to 17.
Mr Humfrey Malins
13
Page 2, line 9 [Clause 1], after 'may', insert 'within 7 days'.
Mr Humfrey Malins
3
Page 2, line 17 [Clause 1], at end insert—
'( ) If the appeal is refused, the accused shall be supplied within 7 days with full disclosure of the Crown case, and his trial shall begin within 42 days of such refusal.'.
Mr Humfrey Malins
4
Page 2, line 17 [Clause 1], at end insert—
'( ) No adjournment of the trial part heard shall be for more than 14 days.'.
Mr Humfrey Malins
14
Page 2, line 17 [Clause 1], at end insert—
'( ) The appeal shall be heard within 14 days of being lodged by a Judge sitting alone, and the accused may appear in person or be represented.'.
Mr Douglas Hogg
25
*Page 2, line 38 [Clause 1], leave out '£5,000' and insert '£100'.
Mr Douglas Hogg
28
*Page 3, line 3 [Clause 1], at end insert 'but if required by the accused the court shall adjourn so that the accused shall have a period of not less than 48 hours before making such representations.'.
Mr Douglas Hogg
26
*Page 3, line 7 [Clause 1], at end insert—
'( ) The accused may appeal to the Crown Court against a decision of the Magistrates' Court that the value involved in relation to the offence exceeds the relevant sum.'.
Mr Douglas Hogg
27
*Page 3, line 12 [Clause 1], leave out 'not' and insert ', unless the accused shall have appealed against a finding made under subsection (4) and that appeal shall have been dismissed or not proceeded with,'.
Mr Douglas Hogg
29
*Page 3, line 44 [Clause 4], at end add 'and only those Members of Parliament who represent English or Welsh constituencies may vote on Third Reading or on any subsequent proceedings thereon.'.
