Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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Mr Secretary Blunkett 386 Page 49, line 17 [Clause 76], leave out from beginning to 'must' and insert'(1) In relation to a person charged in accordance with section 75(3)
(1A) Where such a person is, after being charged
Mr Secretary Blunkett 387 Page 49, line 19 [Clause 76], leave out from first 'and' to 'not' in line 20 and insert 'section 46 of the 1984 Act does'.
Mr Secretary Blunkett 388 Page 49, line 21 [Clause 76], after '(1)' insert 'or (1A)'.
Mr Secretary Blunkett 389 Page 49, line 28 [Clause 76], after 'is' insert 'to appear before the Crown Court as mentioned in subsection (1) or, where subsection (1A) applies, is'.
Mr Secretary Blunkett 390 Page 49, line 29 [Clause 76], at beginning insert 'Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (1A),'.
Mr Secretary Blunkett 391 Page 49, line 30 [Clause 76], leave out ', with such conditions as it sees fit,'.
Mr Secretary Blunkett 392 Page 49, line 31 [Clause 76], leave out 'before the Crown Court'.
Mr Secretary Blunkett 393 Page 49, line 32 [Clause 76], after '68(2)' insert 'before the Court of Appeal at the hearing of that application'.
Mr Secretary Blunkett 394 Page 49, line 35 [Clause 76], leave out subsection (4).
Mr Secretary Blunkett 395 Page 49, line 37 [Clause 76], leave out from 'may' to 'revoke' in line 39.
Mr Secretary Blunkett 396 Page 49, line 41 [Clause 76], leave out subsection (6) and insert'(6A) In subsection (6B) the "relevant period", in relation to a person granted bail or remanded in custody under subsection (3), means
(6B) If at the end of the relevant period no notice of an application under section 64(1) or (2) in relation to the person has been given under section 68(1), the person
Mr Secretary Blunkett 397 Page 50, line 5 [Clause 76], leave out '(6)(b)' and insert '(6A)(a)'.
Mr Secretary Blunkett 398 Page 50, line 5 [Clause 76], after '(6)(b)' insert 'until a specified date'.
Mr Secretary Blunkett 399 Page 50, line 8 [Clause 76], leave out subsection (8).
Mr Secretary Blunkett 400 Page 50, line 13 [Clause 77], leave out '(5)(b)' and insert '(5)'.
Mr Secretary Blunkett 401 Page 50, line 15 [Clause 77], leave out '(5)(b)' and insert '(5)'.
Mr Secretary Blunkett 402 Page 50, line 19 [Clause 77], at end insert
Mr Secretary Blunkett 403 Page 50, line 28 [Clause 77], at end insert ', and section 81(5) of the Supreme Court Act 1981 (c.54) does not apply.'.
Mr Secretary Blunkett 404 Page 50, line 29 [Clause 77], leave out from '(6)' to 'the' in line 30.
Mr Secretary Blunkett 405 Page 50, line 34 [Clause 77], leave out ', with such conditions as it sees fit,'.
Mr Secretary Blunkett 406 Page 50, line 36 [Clause 77], leave out subsection (8).
Mr Secretary Blunkett 407 Page 50, line 38 [Clause 77], leave out 'from time to time'.
Mr Secretary Blunkett 408 Page 50, line 41 [Clause 77], leave out from '(7)(a)' to end of line 42.
Mr Secretary Blunkett 409 Page 51, line 10 [Clause 78], leave out 'with such conditions as it sees fit,'.
Mr Secretary Blunkett 410 Page 51, line 26 [Clause 78], at end insert'(3A) Section 4 of the Bail Act 1976 (c.63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.'.
Mr Secretary Blunkett 411 Page 51, line 30 [Clause 78], leave out from beginning to 'or'.
Mr Secretary Blunkett 412 Page 51, line 32 [Clause 78], leave out subsection (5).
Mr Secretary Blunkett 413 Page 52, line 12 [Clause 81], at end insert'"the 1979 Act" means the Customs and Excise Management Act 1979 (c.2),"the 1984 Act" means the Police and Criminal Evidence Act 1984 (c.60),'.
Mr Secretary Blunkett 414 Page 52, line 14 [Clause 81], at end insert
Mr Secretary Blunkett 415 Page 52, line 16 [Clause 81], leave out ', subject to section 71(6),'.
Mr Secretary Blunkett 416 Page 52, line 16 [Clause 81], after 'force' insert 'or a customs and excise officer'.
Mr Secretary Blunkett 417 Page 52 [Clause 81], leave out line 19.
Mr Secretary Blunkett 418 Page 52 [Clause 81], leave out line 22.
Mr Secretary Blunkett 419 Page 52 [Clause 81], leave out line 24.
Mr Secretary Blunkett 420 Page 52, line 31 [Clause 81], at end insert'(3) References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as
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
(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
(6) Before such notice has been given, an order under this section
(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
(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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