| Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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As Amendments to Mr Secretary Blunkett's proposed New Clause (NC52) (Absconding by persons released on bail):
Simon Hughes (a) Line 7, leave out from 'custody' to end of line 9.
Simon Hughes (b) Leave out lines 21 to 24.
Supplementary amendments to the Bail Act 1976
Mr Secretary Blunkett NC53 To move the following Clause:—'(1) In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to bail of defendant accused or convicted of imprisonable offence) the existing text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that sub-paragraph (as so re-numbered) there is inserted—
(a) where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(b) where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(c) where the defendant falls within paragraph 6B, the court is satisfied as mentioned in paragraph 6A of this Part of this Schedule." (2) In paragraph 9 of that Part (matters to be taken into account in making decisions under paragraph 2 or 2A of that Part) for "2 or 2A" there is substituted "2(1), or in deciding whether it is satisfied as mentioned in paragraph 2A(1), 6(1) or 6A,".'
Mr Secretary Blunkett 443 Page 8, line 11 [Clause 11], leave out subsection (3).
Mr Secretary Blunkett 444 Page 8, line 19 [Clause 11], leave out '2' and insert '2(1)'.
Mr Secretary Blunkett 445 Page 8, line 36 [Clause 12], leave out subsection (1) and insert—'(1) For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail where he was on bail at date of offence) there is substituted— "2A (1) If the defendant falls within this paragraph he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not); but this does not require the court, if so satisfied, to grant bail (disregarding other considerations).
(a) he is aged 18 or over, and
(b) it appears to the court that he was on bail in criminal proceedings on the date of the offence."'
Mr Secretary Blunkett 446 Page 8, line 41 [Clause 12], after 'defendant' insert—
'(a) is under the age of 18, and
(b) it appears to the court that he'.
Mr Secretary Blunkett 447 Page 8, line 43 [Clause 12], leave out '2' and insert '2(1)'.
Mr Secretary Blunkett 448 Page 11, line 22 [Clause 16], at end insert 'Part 1 of'.
Mr Secretary Blunkett 232 Page 11, line 41 [Clause 16], after 'treatment' insert '(or both)'.
Mr Secretary Blunkett 449 Page 12, line 10 [Clause 16], leave out paragraph (a).
Simon Hughes 171 Page 12, line 20 [Clause 16], leave out 'not' and insert 'only'.
Simon Hughes 172 Page 12, line 20 [Clause 16], leave out 'unless' and insert 'if'.
Mr Secretary Blunkett 450 Page 12, line 22 [Clause 16], after 'bail' insert '(whether subject to conditions or not)'.
Mr Secretary Blunkett 451 Page 13 [Clause 16], leave out lines 25 to 27.
Mr Secretary Blunkett 72 Page 18, line 26 [Clause 28], after 'evidence', insert 'or an abuse of process'.
Mr Secretary Blunkett 73 Page 19 [Clause 28], leave out lines 1 to 3.
Mr Secretary Blunkett 74 Page 19, line 9 [Clause 28], after 'prosecutor', insert 'either—
Mr Secretary Blunkett 75 Page 19, line 10 [Clause 28], at end insert ', or
Mr Secretary Blunkett 76 Page 19, line 14 [Clause 28], at end insert—'(3A) Instead of an updated defence statement, the accused may give a written statement stating that he has no changes to make to the defence statement which was given under section 5 or 6.'
Mr Secretary Blunkett 77 Page 19, line 16 [Clause 28], after 'give', insert 'either'.
Mr Secretary Blunkett 78 Page 19, line 16 [Clause 28], after 'statement', insert 'or a statement of the kind mentioned in subsection (3A)'.
Mr Secretary Blunkett 79 Page 19, line 26 [Clause 29], leave out 'give or call any evidence at' and insert 'call any persons (other than himself) as witnesses at his'.
Mr Oliver Letwin 60 Page 19, line 26 [Clause 29], leave out 'give or'.
Mr Charles Kennedy 28 Page 19, line 26, [Clause 29], leave out from 'and' to end of line 35 and insert—'(2A) Names and addresses of defence witnesses may only be disclosed under section (1) with the express and prior consent of the witness concerned.'.
Mr Secretary Blunkett 80 Page 19, line 28 [Clause 29], after 'each', insert 'such'.
Mr Secretary Blunkett 81 Page 19, line 29 [Clause 29], leave out '(other than the accused himself)'.
Mr Secretary Blunkett 82 Page 19, line 32 [Clause 29], at end insert 'such'.
Mr Secretary Blunkett 83 Page 19, line 41 [Clause 29], after 'person', insert '(other than himself)'.
Mr Charles Kennedy 27 Page 19, line 21, leave out Clause 29.
Mr Oliver Letwin 53 Page 20, line 6, leave out Clause 30.
Mr Secretary Blunkett 84 Page 20, line 23 [Clause 31], leave out subsection (1) and insert—'(1) Where an accused's solicitor purports to give on behalf of the accused—
that statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.'.
Mr Secretary Blunkett 85 Page 21, line 7 [Clause 31], at end insert—
Mr Secretary Blunkett 86 Page 22, line 30 [Clause 34], after 'give', insert 'either'.
Mr Secretary Blunkett 87 Page 22, line 30 [Clause 34], at end insert 'or a statement of the kind mentioned in subsection (3A) of that section'.
Mr Secretary Blunkett 88 Page 22, line 32 [Clause 34], after 'statement', insert 'or a statement of the kind mentioned in section 6B(3A)'.
Mr Secretary Blunkett 89 Page 23, line 3 [Clause 34], leave out 'giving'.
Mr Secretary Blunkett 90 Page 23, line 15 [Clause 34], after 'witness', insert '(other than himself)'.
Mr Secretary Blunkett 91 Page 23, line 21 [Clause 34], at end insert—'(5A) Where—
comment by another party under subsection (5)(a) may be made only with the leave of the court.'.
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