| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Expert juries
Mr Oliver Letwin NC2 To move the following Clause:—'(1) A jury of experts shall be constituted by 12 members drawn from the following professional bodies—
(3) The Lord Chancellor shall maintain a list of eligible persons willing to serve as expert jurors. (4) The Lord Chancellor may pay to any expert juror such remuneration as he may determine.'.
Application by defendant for trial to be conducted without jury
Vera Baird
NC23 To move the following Clause:—'(1) This section applies where one or more defendants are to be tried on indictment for one or more offences. (2) The defendant, or any of the defendants, may apply to a judge of the Crown Court for the trial to be conducted without a jury. (3) The judge may make an order that the trial is to be conducted without a jury if satisfied that subsection (4) applies. (4) This subsection applies if the judge is satisfied there is a substantial risk that the defendant will not receive a fair trial if tried by a jury. (5) When deciding whether the subsection (4) applies the judge shall give consideration to the following—
(7) If two or more defendants are to be tried and any of them opposes an application under subsection (2) then subsection (4) will not apply.'.
Mr Oliver Letwin
1 Page 24, line 12, leave out Clause 36.
Mrs Claire Curtis-Thomas 141 Page 24, line 15 [Clause 36], at beginning insert 'Subject to subsection (2A)'.
Mrs Claire Curtis-Thomas 111 Page 24, line 16 [Clause 36], at end insert—'(2A) In a case of serious historical complex abuse, the defendant may apply to a judge of the Crown Court for the trial to be conducted with an expert jury. (2B) The Secretary of State shall by order define the qualifications or experience necessary for a person to serve on a jury in a case of serious historical complex abuse.'.
Mrs Claire Curtis-Thomas 142 Page 24, line 16 [Clause 36], at end insert—'(2A) A defendant who is charged with a sexual offence which was investigated as part of a complex historical abuse case may apply to a judge of the Crown Court for the trial to be conducted by an expert jury appointed in accordance with guidance issued by the Lord Chancellor as to the qualifications and experience necessary for a person to serve on such an expert jury.'.
Mrs Claire Curtis-Thomas 112 Page 24, line 17 [Clause 36], after '(2)', insert 'or (2A).'.
Mr Oliver Letwin
2 Page 25, line 10, leave out Clause 37.
Mrs Claire Curtis-Thomas 143 Page 25, line 13 [Clause 37], at end insert 'other than a sexual offence which was investigated as part of a complex historical abuse case.'.
Mrs Claire Curtis-Thomas 113 Page 25, line 13 [Clause 37], at end insert—'(1A) This section does not apply in a case of serious historical complex abuse.'.
Mr Oliver Letwin
3 Page 25, line 38, leave out Clause 38.
Vera Baird
128 Page 26, line 1 [Clause 38], leave out 'satisfied' and insert 'convinced'.
Mr Oliver Letwin 4 Page 26, line 19 [Clause 39], leave out 'under sections 36 to 38'.
Mr Oliver Letwin 5 Page 26, line 20 [Clause 39], leave out from 'applies' to end of line 24 and insert 'to any application under section (Applications by prosecution for complex and lengthy trial to be conducted before a jury of experts) above.'.
Mr Oliver Letwin 6 Page 26, line 43 [Clause 39], leave out 'sections 36, 37 or 38' and insert 'section (Applications by prosecution for complex and lengthy trial to be conducted before a jury of experts)'.
Mr Oliver Letwin 7 Page 27, line 18 [Clause 39], leave out 'sections 36, 37 or 38' and insert 'section (Applications by prosecution for complex and lengthy trial to be conducted before a jury of experts)'.
Mr Oliver Letwin 8 Page 27, line 28 [Clause 39], leave out '(or partly because)'.
Mr Oliver Letwin 9 Page 27, line 28 [Clause 39], leave out 'appears to have' and insert 'has'.
Mr Oliver Letwin 10 Page 27, line 35 [Clause 40], leave out from 'must' to end of line 36 and insert 'terminate the trial'.
Mr Oliver Letwin 11 Page 27, line 37 [Clause 40], leave out subsection (4).
Mr Oliver Letwin 12 Page 27, line 39 [Clause 40], leave out from '(4)' and insert '(3)'.
Mr Oliver Letwin 13 Page 27, line 41 [Clause 40], leave out from 'that' to end of line 44 and insert—
Mr Oliver Letwin 14 Page 28, line 3 [Clause 40], leave out subsection (7) and insert—'(7) Any new trial by judge alone must take place in front of a different judge.'.
Mr Oliver Letwin 15 Page 28, line 31 [Clause 42], leave out subsection (1).
Mr Oliver Letwin 16 Page 28, line 33 [Clause 42], leave out 'trial' and insert 're-trial'.
Mr Oliver Letwin 17 Page 28, line 34 [Clause 42], leave out 'be continued' and insert 'take place'.
Mrs Claire Curtis-Thomas 114 Page 39, line 31 [Clause 61], at end add 'or (anonymity of defendants in sexual offence cases)'.
Mr Oliver Letwin 18 Page 41, line 7 [Clause 63], leave out 'a qualifying offence' and insert 'murder or rape, contrary to section 1 of the Sexual Offences Act 1956'.
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