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Jury research
Mr Chris Mullin
NC21
To move the following Clause:—
'After section 9 of the Contempt of Court Act 1981, there is inserted—
"9A Jury research
(1) Notwithstanding sections 8 and 9 of this Act, the Lord Chancellor may after consulting with the Lord Chief Justice and such other persons as he thinks fit—
| (a) | license research into jury deliberations on such conditions as he thinks fit; and |
| (b) | publish any report (howsoever described), made in the course of or arising out of any research licensed under this section. |
(2) Where any person is authorised by licence of the Lord Chancellor issued under subsection (1) of this section and for the time being in force, any actions taken in accordance with the conditions of the licence shall not, by virtue of section 8(1) or 9(1), be a contempt of court.".'.
Anonymity for defendants
Mr Chris Mullin
NC22
To move the following Clause:—
'(1) The Sexual Offences (Amendment) Act 1992 is amended as set out in subsections (2) to (7).
(2) After subsection 1(2) there is inserted—
| | "(2A). Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person alleged to have committed the offence shall be included in any publication except— |
| (a) | as authorised by a direction given under section 3; or |
| (b) | after he has been convicted of the offence." |
(3) In subsection 1(3)(b), after "subsection (2)" there is inserted "or (2A)".
(4) In subsection 1(3A), for "subsection (1) or (2)" there is substituted "subsection (1), (2) or (2A)".
(5) After subsection 3(1), there is inserted—
| "(1A) | If a person accused of a relevant offence applies to the judge before the commencement of, or at, a trial for that offence, for a direction under this subsection, the court shall direct that section 1 shall not, by virtue of the accusation alleging the offence in question, apply to him. |
| (1B) | In subsection (1A) a 'relevant offence' is an offence to which this Act applies." |
(6) In subsection 5(2), for "the person against whom the offence mentioned in section 1 is alleged to have been committed" there is substituted "the relevant person mentioned in section 1 to whom the published matter related".
(7) In subsection 6(3), before subparagraph (a), there is inserted—
| "(aa) | an allegation is reported at a police station or to a constable".'. |
Complex historical abuse cases
Mrs Claire Curtis-Thomas
NC24
To move the following Clause:—
'(1) For the purposes of this Act a complex historical abuse case is a case in which it is alleged that a person has committed a series of sexual offences:
| (a) | over a period of more than six months; |
| (b) | against more than one person, all of whom were, at the time any sexual offence is alleged to have been committed against them, minors; and |
| (c) | none of which were reported to the police within six months of the date on which the last offence in the series is alleged to have occurred. |
(2) The Secretary of State shall issue and from time to time revise a code of practice for the investigation of complex historical abuse cases.
(3) Any code of practice issued under subsection (2) shall, in particular, provide for—
| (a) | the video recording of any interview conducted with any person in connection with the investigation of a complex historical abuse case; |
| (b) | the regulation of procedures which involve attempts to make contact by any method with persons who may have been the victim of a sexual offence but who have not made any allegation against the person being investigated; |
| (c) | the disclosure to the person being investigated of— |
| (i) | a complete record of any person contacted or interviewed in the course of the investigation and the outcome in each case (whether or not it is intended to call any person as a prosecution witness); and |
| (ii) | any other information of which the person invstigating the case becomes aware and which may reasonably be regarded as supporting any case for defence. |
(4) If in any proceedings—
| (a) | a defendant is charged with a sexual offence which was investigated as part of a complex historical abuse case; and |
| (b) | the identity of any alleged victim is the subject to reporting restrictions; |
then the court shall impose the same reporting restrictions on the identity of the defendant.'.
Joint liability for harming children
Dr Desmond Turner
Vera Baird
NC25
To move the following Clause:—
'(1) When a child aged under sixteen is killed, suffers serious injury or suffers injury from which it later dies, whilst it is with two or more people, at least one of whom has responsibility for it, and the death or injury must have been caused by one or more than one of those people, all of those people shall be guilty of an offence of failing to protect the child and shall be liable on conviction to imprisonment for a term not exceeding fourteen years.
(2) It is a defence to such a charge if a defendant shows that he did all that it was reasonably practical to do, in the circumstances, at the time of the death or injury, to prevent the death or serious injury.
(3) In a trial for such an offence, any decision whether or not there is a case for any defendant to answer shall not be taken by the judge before the end of the defence case.'.
RESOLUTION OF THE HOUSE [1ST APRIL 2003]
That, pursuant to the Programme Order of 4th December relating to the Criminal Justice Bill (as amended by the Orders of 4th February and 5th March):
(1) Proceedings on consideration shall be taken on each of the three days allowed by the Order as shown in the second column of the following Table, and shall be taken in the order so shown.
(2) Proceedings on the first day shall be brought to a conclusion six and a half hours after the commencement of proceedings on that day or at the conclusion of the proceedings set down for that day, whichever is the earlier.
(3) The proceedings shown in the second column of the Table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column.
(4) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six and a half hours after the commencement of proceedings on the Bill on the third day.
TABLE
| Day | Proceedings | Time for conclusion of proceedings |
| First day | Clauses 1 to 6, Clause 8, Schedule 1, New Clauses relating to Part 3, Clauses 18 to 22, New Clauses relating to Part 4, Clause 23, Schedule 2, Clauses 24 to 26, New Clauses relating to Part 8, Clauses 44 to 49 | Two and a half hours after the commencement of the proceedings on a motion relating to this resolution |
| Clauses 99 to 120, Schedule 6, Clauses 121 to 126 | Three and a half hours after the commencement of those proceedings |
| New Clauses relating to Part 11, Clauses 82 to 98, Schedule 5 | Six and a half hours after the commencement of such proceedings |
| Second day | New Clauses relating to Part I, Clause 7, Clauses 9 and 10, New Clauses relating to Part 2, Clauses 11 to 17, New Clauses relating to Part 5, Clauses 27 to 34, New Clauses relating to Part 6, Clause 35, Schedule 3, New Clauses relating to Part 7, Clauses 36 to 43, New Clauses relating to Part 9, Clauses 50 to 62, New Clauses relating to Part 10, Clause 63, Schedule 4, Clauses 64 to 81 | Six and a half hours after the commencement of proceedings on the Bill |
| Third day | New Clauses relating to Part 12, Clauses 127 to 163, Schedule 7, Clause 164, Schedule 8, Clauses 165 to 171, Schedule 9, Clauses 172 to 176, Schedule 10, Clauses 177 to 201, Schedule 11, Clauses 202 to 206, Schedule 12, Clauses 207 to 211, Schedules 13 and 14, Clause 212, Schedule 15, Clauses 213 to 221, Schedule 16, Clauses 222 to 246, Schedule 17, Clause 247, Schedule 18, Clause 248, Schedules 19 and 20, Clauses 249 to 251, Schedule 21, Clause 252, Schedule 22, Clauses 253 and 254, Schedule 23, Clauses 255 to 258, Schedule 24, Clauses 259 to 265, Schedule 25, Clauses 266 to 268, Schedule 26, Clauses 269 to 273, Schedule 27, Clause 274, Schedule 28, Clause 275, Schedule 29, Clauses 276 to 280, remaining New Clauses, New Schedules, any remaining proceedings on the Bill | Five and a half hours after the commencement of proceedings on the Bill |
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