| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Mr Secretary Blunkett 92 Page 23, line 36 [Clause 34], at end insert—'(9A) Where the accused has given a statement of the kind mentioned in section 6B(3A), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—
Mr Secretary Blunkett 93 Page 23, line 47 [Clause 34], at end insert—
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 7Rules of court
Mr Secretary Blunkett NC29 To move the following Clause:—'(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part. (2) Without limiting subsection (1), rules of court may in particular make provision 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. (3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.'.
Applications by prosecution for complex and lengthy trial to be conducted before a jury of experts
Mr Oliver Letwin NC1 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 prosecution or the defendant may apply to a judge of the Crown Court for the trial to be conducted before a jury of experts. (3) If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled he must make an order that the trial be conducted before a jury of experts, but if he is not so satisfied he must refuse the application. (4) The first condition is that the complexity of the trial and its length—
(5) The second condition is that the complexity and length will be attributable—
(6) In deciding whether or not he is satisfied that both of those two conditions are fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial (or both). (7) But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution or the defendant.'.
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—
(2) The Lord Chancellor may by order amend the list of professional bodies from which expert jurors are drawn. (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—
(6) Before making any submissions under subsection (5)(b) the prosecution shall take into consideration the wishes and interests of any witnesses. (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 Secretary Blunkett 203 Page 26, line 38 [Clause 39], leave out '39(1)' and insert '39'.
Mr Secretary Blunkett 204 Page 26, line 41 [Clause 39], leave out '39(1)' and insert '39'.
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)'.
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