Amendments proposed to the Criminal Justice Bill, As Amended - continued House of Commons

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Mr Secretary Blunkett

216

Page     303,     [Schedule     27],     leave out lines 22 to 24 and insert 'includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.


   

Mr Secretary Blunkett

217

Page     304,     line     12     [Schedule     27],     leave out from 'sworn' to end of line 14 and insert 'include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.

   

Mr Secretary Blunkett

218

Page     304,     line     22     [Schedule     27],     leave out from 'sworn' to end of line 24 and insert 'includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.

   

Mr Secretary Blunkett

219

Page     304,     line     36     [Schedule     27],     at end insert—

'Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

 48A The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.

48B (1) Article 6 (power to order preparatory hearing) is amended as follows.

(2) In paragraph (1) for "the jury are sworn" there is substituted "the time when the jury are sworn".

(3) After paragraph (2) there is inserted—

    "(2A)   The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b) the application of section 75 of the Terrorism Act 2000."

48C (1) Article 8 (the preparatory hearing) is amended as follows.

(2) In paragraph (4)(b) for "the jury" there is substituted "a jury".

(3) In paragraph (12) for "no jury shall be sworn" there is substituted "the preparatory hearing shall not be concluded".

48D (1) Article 9 (later stages of trial) (as originally enacted) is amended as follows.

(2) In paragraph (1) after "jury" there is inserted "or, in the case of a trial without a jury, the judge".

(3) In paragraph (2) for "deciding whether to give leave" there is substituted "doing anything under paragraph (1) or in deciding whether to do anything under it".

(4) In paragraph (3) for "Except as provided by this Article" there is substituted "Except as provided by this Article, in the case of a trial with a jury".

48E (1) Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996) is amended as follows.

(2) In paragraph (2) after "jury" there is inserted "or, in the case of a trial without a jury, the judge".

(3) In paragraph (3) for "deciding whether to give leave" there is substituted "doing anything under paragraph (2) or in deciding whether to do anything under it".

(4) In paragraph (4) for "Except as provided by this Article" there is substituted "Except as provided by this Article, in the case of a trial with a jury".

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

48F (1) Article 75 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (confessions of mentally handicapped persons) is amended as follows.

(2) In paragraph (1) after "indictment" there is inserted "with a jury".

(3) In paragraph (2) after "indictment" there is inserted "with a jury".

(4) After paragraph (2) there is inserted—

    "(2A)   In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.".'.


   

Mr Secretary Blunkett

220

Page     305,     [Schedule     27],     leave out lines 11 to 13 and insert 'includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.

   

Mr Secretary Blunkett

221

Page     305,     line     35     [Schedule     27],     leave out from 'sworn' to end of line 38 and insert 'include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.".'.

   

Mr Secretary Blunkett

222

Page     305,     line     38     [Schedule     27],     at end insert—

 '58A (1) Schedule 4 (modifications for Northern Ireland) is amended as follows.

(2) In paragraph 15 after the substituted version of section 39(2) there is inserted—

    "(2A)   But, for the purposes of this Part, a hearing of the kind mentioned in section 39(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing."

(3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—

(a)   for "when a jury is sworn" there is substituted "at the time when a jury is sworn", and

(b)   for "a jury is sworn" there is substituted "the time when a jury is sworn".

(4) After paragraph 15 there is inserted—

 "15A In section 39(4) for "(3)" substitute "(3)(b)".".'.


   

Mr Secretary Blunkett

140

Page     306,     line     28     [Schedule     27],     at end insert—

'Army Act 1955 (c. 18)

 66A In section 99(1) of the Army Act 1955 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Air Force Act 1955 (c. 19)

 66B In section 99(1) of the Air Force Act 1955 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Naval Discipline Act 1957 (c. 53)

 66C In section 64A(1) of the Naval Discipline Act 1957 (rules of evidence) after "courts-martial etc)" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".

Armed Forces Act 1976 (c. 52)

 66D In paragraph 11(1) of Schedule 3 to the Armed Forces Act 1976 (rules of evidence) after "paragraph 12 below" there is inserted "to Schedules 5 and 6 to the Criminal Justice Act 2003".'.


   

Mr Secretary Blunkett

355

Page     307,     line     2     [Schedule     27],     at end insert—

'Criminal Appeal Act 1968 (c. 19)

 67A       The Criminal Appeal Act 1968 is amended as follows.

 67B       In section 45(1) (construction of references to Court of Appeal) for "section 44A" there is substituted "sections 44A and 51".

 67C (1) Section 51 (interpretation) is amended as follows.

(2) In subsection (1) the definition of "the defendant" is omitted.

(3) After that subsection there is inserted—

    "(1A)   In Part 2 of this Act "the defendant"—

(a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal,

(b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and

(c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act;

and, subject to section 33(1A) of this Act, "prosecutor" shall be construed accordingly."'

   

Mr Secretary Blunkett

458

*Page     307,     line     3     [Schedule     27],     at end insert—

 '67B The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.'

   

Mr Secretary Blunkett

459

*Page     307,     line     4     [Schedule     27],     leave out 'of the Criminal Appeal (Northern Ireland) Act 1980'.

   

Mr Secretary Blunkett

460

*Page     307,     line     18     [Schedule     27],     at end insert—

'(5A) After subsection (1A) there is inserted—

    "(1B)   The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 64 of the Criminal Justice Act 2003."'

   

Mr Secretary Blunkett

461

*Page     307,     line     19     [Schedule     27],     at end insert—

 '68A (1) Section 28 (costs) is amended as follows.

(2) In subsection (2)(a) for "this Part" there is substituted "section 19(1)".

(3) After subsection (2) there is inserted—

    "(2AA)   The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor."

(3) In subsection (2A) after "(2)(a)" there is inserted "or (2AA)".

(4) In subsection (2G)—

(a)   after "(2)(a)" there is inserted "or (2AA)", and

(b)   for "subsection (2)" there is substituted "subsections (2) and (2AA)".

 68B For section 31(3) (definition of defendant and prosecutor) there is substituted—

    "(3)   In this Part of this Act "the defendant"—

(a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;

(b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;

(c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;

and, subject to subsection (1A) above, "prosecutor" shall be construed accordingly."'

 
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