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
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
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
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
8
Page 27, line 28 [Clause 39], leave out '(or partly because)'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
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
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
10
Page 27, line 35 [Clause 40], leave out from 'must' to end of line 36 and insert 'terminate the trial'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
11
Page 27, line 37 [Clause 40], leave out subsection (4).
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
12
Page 27, line 39 [Clause 40], leave out from '(4)' and insert '(3)'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
13
Page 27, line 41 [Clause 40], leave out from 'that' to end of line 44 and insert—
'if the retrial were to take place with a jury there is a real and present danger that jury tampering would again occur and that either,
| (a) (i) | the danger of jury tampering is such that it would be necessary to provide police protection for the members of the jury hearing the trial and |
| (ii) | the level and duration of that protection would be likely to place an excessive burden upon the life of a typical juror, or |
(b) notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering the likelihood that it would take place was so high to make it necessary in the interests of justice for the trial to be conducted without a jury.'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
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
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
15
Page 28, line 31 [Clause 42], leave out subsection (1).
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
16
Page 28, line 33 [Clause 42], leave out 'trial' and insert 're-trial'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
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—
"42A Reporting restrictions
(1) Sections 41 and 42 of the Criminal Procedure and Investigations Act 1996 (c.25) are to apply in relation to—
| (a) | a hearing of the kind mentioned in section 39(2)(b), and |
| (b) | any appeal or application for leave to appeal relating to such a hearing, |
as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications.
(2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted—
| "(a) | a hearing of the kind mentioned in section 39(2)(b) of the Criminal Justice Act 2003; |
| (b) | any appeal or application for leave to appeal relating to such a hearing." |
(3) Section 41(3) of that Act is to have effect as if—
| (a) | for "(2)" there were substituted "(2)(a) or an application to that judge for leave to appeal to the Court of Appeal", and |
| (b) | after "matter" in the second place where it occurs there were inserted "or application". |
(4) Section 41 of that Act is to have effect as if after subsection (3) there were inserted—
"(3A) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
| (a) | an appeal to that Court, or |
| (b) | an application to that Court for leave to appeal. |
(3B) The House of Lords may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
| (a) | an appeal to that House, or |
| (b) | an application to that House for leave to appeal." |
(5) Section 41(4) 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".
(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—
"(2) Without limiting subsection (1), rules of court may in particular make provision—
| (a) | for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done; |
| (b) | in relation to hearings of the kind mentioned in section 39(2)(b) and appeals under section 41." |
(13) In section (Rules of court)(3)—
| (a) | after "section" insert "or section 39(2)(b)", and |
| (b) | after "enactment" insert "(including any provision of Northern Ireland legislation)".'. |
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 10
Restrictions 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—
| (a) | applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and |
| (b) | does not otherwise affect the earlier publication. |
(5) After notice of an application has been given under section 68(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—
| (a) | of its own motion, or |
| (b) | on the application of the Director of Public Prosecutions. |
(6) Before such notice has been given, an order under this section—
| (a) | may be made only on the application of the Director of Public Prosecutions, and |
| (b) | may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers. |
(7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.
(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—
| (a) | when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or |
| (b) | if he is tried pursuant to such an order, at the conclusion of the trial. |
(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication or any power, under an enactment or otherwise, to impose such a prohibition or restriction.
(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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