Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Mr Secretary Blunkett 205 Page 27, line 2 [Clause 39], leave out '39(1)' and insert '39'.
Mr Secretary Blunkett 206 Page 27, line 11 [Clause 39], leave out '39(1)' and insert '39'.
Mr Secretary Blunkett 207 Page 27, line 16 [Clause 39], leave out '39(1)' and insert '39'.
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 Secretary Blunkett 208 Page 27, line 31 [Clause 40], leave out 'give notice to' and insert 'inform'.
Mr Secretary Blunkett 209 Page 27, line 32 [Clause 40], leave out 'include in that notice' and insert 'inform the parties of'.
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'.
Mr Secretary Blunkett 210 Page 30, line 27 [Clause 43], at end insert'(9A) In section 42(4) after "enactment" insert "(including any provision of Northern Ireland legislation)".'.
Mr Secretary Blunkett 211 Page 30, line 32 [Clause 43], at end insert'(11) After section 42 insert
(1) Sections 41 and 42 of the Criminal Procedure and Investigations Act 1996 (c.25) are to apply in relation to
(2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted
(6) Section 41(5) of that Act is to have effect as if for "(3) the judge" there were substituted "(3), (3A) or (3B), the judge, the Court of Appeal or the House of Lords"." (12) For section (Rules of court)(2) substitute
Mrs Claire Curtis-Thomas 114 Page 39, line 31 [Clause 61], at end add 'or (anonymity of defendants in sexual offence cases)'.
NEW CLAUSES RELATING TO PART 10Restrictions on publication in the interests of justice
Mr Secretary Blunkett NC42 To move the following Clause:'(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect. (2) In subsection (1) "retrial" means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 65. (3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so. (4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order
(8) Any order made under this section before notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect. (9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time
(11) In this section "programme service" has the same meaning as in the Broadcasting Act 1990 (c.42),"publication" includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,"relevant programme" means a programme included in a programme service.'.
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