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S.C.B.
Amendment Paper as at
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(a) | specifying that the trial is to be conducted with a smaller jury consisting of eight jurors all of whom have indicated their willingness to serve on a potentially complex and long case, |
(b) | appointing up to two special advisers to assist the jury in understanding any arrangements, transactions or records of a financial or commercial nature or which relate to property and which relate to the trial, or |
(c) | specifying that the trial is to be conducted without a jury.'. |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
237
Clause 37, page 24, line 29, leave out 'must' and insert 'may'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
Mr James Clappison
238
Clause 37, page 24, line 32, leave out 'the complexity of the trial or'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
239
Clause 37, page 24, line 32, leave out 'or the length of the trial'.
Mr James Clappison
272
Clause 37, page 24, line 32, leave out from second 'trial' to end of line 38 and insert 'is likely to be such that
(a) | it may place an excessive burden upon the life of a typical juror; and |
(b) | after reasonable efforts have been made, no jury can be found for which it would not be an excessive burden.'. |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
240
Clause 37, page 24, line 32, leave out '(or both)'.
Simon Hughes
Mr David Heath
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
206
Clause 37, page 24, line 34, leave out paragraph (a).
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
241
Clause 37, page 24, line 35, leave out 'in the interests of justice'.
Mr James Clappison
273
Clause 37, page 24, line 39, leave out from first 'that' to 'will' and insert 'the length of the trial'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
243
Clause 37, page 24, line 43, leave out 'or commercial'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
244
Clause 37, page 24, line 43, leave out 'or which relate to property'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
245
Clause 37, page 24, line 44, leave out 'nature or'.
Simon Hughes
Mr David Heath
207
Clause 37, page 25, line 1, leave out subsection (6) and insert'(6) Such an order may not be made unless
(a) | all steps which might reasonsably be taken to reduce the complexity or length of the trial have been taken, |
(b) | the judge is satisfied that after such steps have been taken conditions (1) and (2) above continue to be met, and |
(c) | the judge is satisfied that such an order will not compromise the defendant's right to a fair trial.'. |
Mr James Clappison
274
Clause 37, page 25, line 3, leave out 'complexity or'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
246
Clause 37, page 25, line 4, leave out subsection (7).
Simon Hughes
Mr David Heath
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
208
Clause 37, page 25, line 5, at end insert 'or the defence'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
254
Clause 37, page 25, line 6, at end add'(8) the length of the proposed trial shall not be considered by the judge unless
(a) | the Prosecution and Defence have jointly advised that the trial is likely to be longer than 12 months, and |
(b) | the Judge takes the same view, and |
(c) | the Judge is satisfied that it is not reasonably practicable to impound a Jury.'. |
Simon Hughes
Mr David Heath
204
Page 24, line 22, leave out Clause 37.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
256
Clause 38, page 25, line 12, leave out 'satisfied' and insert 'sure.'.
Simon Hughes
Mr David Heath
209
Clause 38, page 25, line 14, leave out 'either or both of' and insert 'both'.
Simon Hughes
Mr David Heath
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
210
Clause 38, page 25, line 16, leave out 'must' and insert 'may'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
247
Clause 38, page 25, line 18, leave out 'real and present danger' and insert 'there is evidence to satisfy the judge on the balance of probabilities'.
Simon Hughes
Mr David Heath
211
Clause 38, page 25, line 18, leave out 'danger' and insert 'evidence'.
Simon Hughes
Mr David Heath
212
Clause 38, page 25, line 18, after second 'that', insert 'serious'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
248
Clause 38, page 25, line 25, leave out subsection (6).
Simon Hughes
Mr David Heath
213
Clause 38, page 25, line 27, leave out from 'the' to end of line 29 and insert 'judge is satisfied that there is sufficient evidence indicating that jury tampering will take place.'.
Simon Hughes
Mr David Heath
214
Clause 38, page 25, line 29, at end insert'(7) Such an order may not be made unless
(a) | all steps which might reasonably be taken to prevent jury tampering have been taken, |
(b) | the judge is satisfied that after such steps have been taken conditions (1), (2) and (3) above continue to be met, |
(c) | the judge is satisfied that such an order will not compromise the defendant's right to a fair trial.'. |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
257
Clause 40, page 26, line 42, leave out from first 'because' to 'taken' in line 43 and insert 'he is sure that jury tampering has'.
Simon Hughes
Mr David Heath
290
Clause 40, page 26, line 42, leave out from first 'because' to 'taken' in line 43 and insert 'there is clear and present evidence that jury tampering has'.
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