| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Mr Secretary Blunkett 136 *Page 59, line 29 [Clause 97], at end insert—'"offence" includes a service offence;'.
Mr Secretary Blunkett 96 Page 59, line 34 [Clause 97], at end insert—'"written charge" has the same meaning as in section 24 and also includes an information.'.
Mr Secretary Blunkett 137 *Page 59, line 34 [Clause 97], at end insert—'"service offence" means an offence under the Army Act 1955 (3&4Eliz.2 c.18), the Air Force Act 1955 (3&4Eliz.2 c.19) or the Naval Discipline Act 1957 (c.53);'.
Mr Secretary Blunkett 138 *Page 59, line 38 [Clause 97], at end insert—'(3) Nothing in this Chapter affects the exclusion of evidence—
Mr Secretary Blunkett 101 Page 191, line 17 [Schedule 5], at end insert—
Mr Secretary Blunkett 102 Page 192, line 9 [Schedule 5], after 'advocate', insert 'in proceedings before a court-martial'.
Simon Hughes 146 *Page 60, line 6 [Clause 99], leave out 'admissible' and insert 'not to be admitted'.
Simon Hughes 147 *Page 60, line 6 [Clause 99], leave out 'if, but only if' and insert 'unless'.
Simon Hughes 148 *Page 60, line 9 [Clause 99], at end insert 'or'.
Simon Hughes 149 *Page 60, line 10 [Clause 99], leave out from 'admissible' to end of line 13 and insert ', and the court is satisfied that, despite the difficulties there may be in challenging the statement, it would not be contrary to the interests of justice for it to be admitted.'.
Simon Hughes 150 *Page 60, line 15 [Clause 99], leave out '(d)' and insert '(a) or (b)'.
Simon Hughes 151 *Page 60, line 31 [Clause 99], at end insert 'and the court shall in no event admit such a statement if it is of the opinion that, if the statement were admitted, any conviction of the defendant would as a result be based wholly or substantially on statements not made in oral evidence in the proceedings'.
Mrs Claire Curtis-Thomas 117 Page 60, line 31 [Clause 99], at end insert—'(2A) A statement not made in oral evidence shall not be admissible in a case of serious historical complex abuse if such statements comprise all of the evidence presented in court to substantiate the charge.'.
Mrs Claire Curtis-Thomas 144 *Page 60, line 31 [Clause 99], at end insert—'(2A) Statements not made in oral evidence shall not be admissible where a defendant is charged with a sexual offence which was investigated as part of a complex historical abuse case if such statements are the only evidence presented to substantiate that charge.'.
Mrs Claire Curtis-Thomas 145 *Page 61, line 11 [Clause 101], after 'satisfaction), insert 'and, in the case of proceedings for a sexual offence which was investigated as part of a complex historical abuse case, a video recording of the statement being made has been provided in accordance with any code of practice for the investigation of such cases.'.
Mrs Claire Curtis-Thomas 118 Page 61, line 11 [Clause 101], after 'satisfaction', insert—
Simon Hughes 152 *Page 61, line 26 [Clause 101], leave out 'or of financial loss'.
Simon Hughes 153 *Page 64, line 25 [Clause 103], at end insert—
'Recent complaint
Simon Hughes 154 *Page 64, line 29, leave out Clause 104.
Simon Hughes 155 *Page 65, line 14 [Clause 105], leave out subsections (4) to (8).
Mr Oliver Letwin 121 Page 65, line 42, leave out Clause 106.
Simon Hughes 156 *Page 65, line 44 [Clause 106], leave out from 'deceased)"' to end and insert 'only a statement by a person to whom the original statement was made is capable of admission in criminal proceedings as evidence of a matter stated in the original statement (so that a statement by B, but not A, may be admitted as evidence of the fact that C shot the deceased).'.
Simon Hughes 157 *Page 66, line 1 [Clause 106], after 'statement', insert 'not made in oral evidence in the proceedings'.
Simon Hughes 158 *Page 66, line 7 [Clause 106], leave out subsection (3).
Simon Hughes 159 *Page 66, line 15 [Clause 107], leave out '104 or'.
Simon Hughes 160 *Page 66, line 23 [Clause 108], leave out ', 104'.
Mr Oliver Letwin 63 Page 67, line 29 [Clause 110], leave out from 'time' to 'that'.
Mr Oliver Letwin 64 Page 67, line 36 [Clause 110], at end insert—'(1A) No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings.'.
Mr Oliver Letwin 65 Page 68, line 4 [Clause 110], leave out from beginning to 'that'.
Mr Oliver Letwin 66 Page 68, line 12 [Clause 110], at end insert—'(3A) No direction by the court to a jury to acquit a defendant should be made unless the prosecution case has been closed or the case against the defendant is based wholly on a statement not made in oral evidence in the proceedings.'.
Simon Hughes 161 *Page 68, line 23 [Clause 111], at end insert '(and, where the statement is tendered by the defence, of the impact of its exclusion on the fairness of the trial)'.
Simon Hughes 162 *Page 71, line 6 [Clause 116], leave out from 'unavailable)' to end of line 10.
Mr Secretary Blunkett 97 Page 72, line 33 [Clause 119], leave out 'a defect of speech or hearing' and insert 'any disability, disorder or other impairment'.
Mr Secretary Blunkett 98 Page 72, line 34 [Clause 119], after 'signs', insert 'or by way of any device'.
Mr Secretary Blunkett 139 *Page 193, line 2 [Schedule 6], at end insert—
Simon Hughes 163 *Page 194, line 17 [Schedule 6], leave out from 'unavailable)' to end of line 21.
Simon Hughes 164 *Page 194, line 29 [Schedule 6], leave out from 'unavailable)' to end of line 33.
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