 House of Commons |
Publications on the internet Index of Amendments |
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S.C.B.
Amendment Paper as at
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| '(i) | every Local Education Authority any part of whose area falls within the relevant area, and |
| (j) | the leisure department of every local authority whose area falls within the relevant area.' |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
999
Clause 262, page 145, line 32, leave out 'or removing'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
979
Clause 262, page 145, leave out lines 32 and 33.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
980
Clause 263, page 146, leave out lines 9 and 10.
Simon Hughes
Mr David Heath
936
Clause 264, page 146, line 29, leave out 'an offence specified in Schedule 11' and insert 'a serious violent offence'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
1001
Clause 264, page 146, line 33, leave out '12 months' and insert '3 years'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
981
Clause 264, page 146, leave out lines 34 and 35.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
1000
Clause 264, page 146, line 35, leave out '12 months' and insert '3 years'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
982
Clause 264, page 146, leave out lines 42 and 43.
Hilary Benn
700
Clause 264, page 147, line 14, leave out from 'include' to end of line 15 and insert 'a service court, as defined by section 252(1)'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
984
Schedule 3, page 160, leave out lines 25 to 30.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
983
Schedule 3, page 160, line 19, leave out 'Great Britain' and insert 'the United Kingdom'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
977
Schedule 3, page 161, leave out lines 3 to 9.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
978
Schedule 3, page 164, leave out lines 3 to 8.
Hilary Benn
940
Clause 49, page 31, line 37, leave out from 'termination' to end of line 41 and insert 'or stay of proceedings for the offence, or one or more of the offences, included in the indictment'.
Hilary Benn
941
Clause 49, page 31, line 43, leave out 'against a defendant'.
Hilary Benn
942
Clause 49, page 31, line 44, leave out 'a fresh trial of the defendant' and insert 'fresh proceedings'.
Mr Dominic Grieve
Mr Humpfrey Malines
Mr Mark Francois
985
Clause 50, page 32, line 6, leave out from 'evidence' to end of line 7.
Hilary Benn
943
Clause 50, page 32, line 10, leave out '51(3)' and insert '51'.
Hilary Benn
944
Clause 50, page 32, line 18, leave out '52(2) and (4)' and insert '52'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
986
Clause 50, page 32, line 25, after 'jury', insert 'or a juror'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
987
Clause 51, page 33, line 4, after 'adjournment', insert 'which shall be for a maximum of one day'.
Hilary Benn
945
Clause 51, page 33, line 4, at end insert—'(4A) Where the ruling relates to two or more offences—
| (a) | any one or more of those offences may be the subject of the appeal, and |
| (b) | if the prosecution informs the court in accordance with subsection (3) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.'. |
Hilary Benn
946
Clause 51, page 33, line 6, after 'effect' insert 'in relation to the offence or offences which are the subject of the appeal'.
Hilary Benn
947
Clause 51, page 33, line 8, leave out 'Where' and insert 'If and to the extent that'.
Hilary Benn
948
Clause 52, page 33, line 23, leave out subsection (4) and insert—'(4) Where a ruling relates to two or more offences—
| (a) | any one or more of those offences may be the subject of the appeal, and |
| (b) | if the prosecution informs the court in accordance with subsection (2) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal. |
(5) The prosecution may not inform the court in accordance with subsection (2) that it intends to appeal unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to the offence should be acquitted of the offence if either of the conditions mentioned in subsection (6) is fulfilled.
(6) Those conditions are—
| (a) | that leave to appeal to the Court of Appeal is not obtained, and |
| (b) | that the appeal is abandoned before it is determined by the Court of Appeal.'. |
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
988
Clause 52, page 33, line 26, leave out paragraph (a).
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
989
Clause 53, page 33, line 37, leave out 'may' and insert 'must'.
Mr Dominic Grieve
Mr Humfrey Malins
Mr Mark Francois
990
Clause 53, page 33, line 39, leave out 'may' and insert 'must'.
Hilary Benn
949
Clause 54, page 34, line 7, leave out subsections (2) and (3) and insert—'(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.'.
Hilary Benn
950
Clause 55, page 34, line 19, leave out 'the termination of the hearing of'.
Hilary Benn
951
Clause 55, page 34, line 21, leave out subsections (2) and (3) and insert—'(2) Where the Court of Appeal confirms a ruling, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to the offence be acquitted of the offence.
(3) Where the Court of Appeal reverses or varies a ruling, it must, in respect of the offence or each offence which is the subject of the appeal, do any of the following—
| (a) | order that proceedings for the offence may be resumed in the Crown Court, |
| (b) | order that fresh proceedings may be instituted in the Crown Court for the offence, |
| (c) | order that the defendant in relation to the offence be acquitted of the offence.'. |
Hilary Benn
952
Clause 55, page 34, line 31, at end insert 'in respect of an offence'.
Hilary Benn
953
Clause 59, page 35, line 33, at end insert 'or'.
Hilary Benn
954
Clause 60, page 37, line 44, after 'of', insert—
| '(i) | before the relevant date,'. |
Hilary Benn
955
Clause 60, page 37, line 45, at end insert 'or
| (ii) | on or after the relevant date, the Director of Public Prosecutions for Northern Ireland. |
(11) In subsection (10) "the relevant date" means the date on which section 22(1) of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.'.
Hilary Benn
956
Clause 61, page 38, line 7, at end insert—'(1A) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.
(1B) In relation to an appeal under this Part in respect of a ruling which relates only to one offence, any reference in this Part to the offence which is the subject of the appeal is a reference to that offence.
(1C) Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).'.
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| ©Parliamentary copyright 2003 | Prepared 25 Feb 2003 |