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

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Mr Secretary Blunkett

334

Page     174,     line     7     [Schedule     3],     leave out 'indictable-only offence' and insert 'offence triable only on indictment'.

   

Mr Secretary Blunkett

335

Page     174,     [Schedule     3],     leave out lines 26 to 28.

   

Mr Secretary Blunkett

336

Page     174,     [Schedule     3],     leave out lines 38 to 40.


   

Mr Secretary Blunkett

337

Page     175,     line     42     [Schedule     3],     at end insert—

    '(11A)   In the case of an adult charged with an offence—

      (a) if the offence satisfies paragraph (c) of subsection (2) above, the offence shall be dealt with under subsection (1) above and not under any other provision of this section or section 51A below;

      (b) subject to paragraph (a) above, if the offence is one in respect of which the court is required to, or would decide to, send the adult to the Crown Court under—

      (i) subsection (5) above; or

      (ii) subsection (6) of section 51A below,

      the offence shall be dealt with under that subsection and not under any other provision of this section or section 51A below.'.


   

Mr Secretary Blunkett

338

Page     176,     line     11     [Schedule     3],     leave out 'is homicide' and insert 'falls within subsection (11) below'.

   

Mr Secretary Blunkett

339

Page     176,     [Schedule     3],     leave out lines 36 and 37.

   

Mr Secretary Blunkett

340

Page     176,     [Schedule     3],     leave out lines 48 and 49.


   

Mr Secretary Blunkett

341

Page     177,     line     27     [Schedule     3],     at end insert—

    '(9A)   In the case of a child or young person charged with an offence—

      (a) if the offence satisfies any of the conditions in subsection (3) above, the offence shall be dealt with under subsection (2) above and not under any other provision of this section or section 51 above;

      (b) subject to paragraph (a) above, if the offence is one in respect of which the requirements of subsection (7) of section 51 above for sending the child or young person to the Crown Court are satisfied, the offence shall be dealt with under that subsection and not under any other provision of this section or section 51 above.'.

   

Mr Secretary Blunkett

342

Page     177,     line     30     [Schedule     3],     at end insert—

    '(11)   An offence falls within this subsection if—

      (a) it is an offence of homicide; or

      (b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—

      (i) the offence; and

      (ii) the person charged with it,

      if he were convicted of the offence.'.


   

Mr Secretary Blunkett

343

Page     178,     [Schedule     3],     leave out lines 10 and 11 and insert—

      '(c) as provided by section 52 below.'.


   

Mr Secretary Blunkett

344

Page     179,     line     17     [Schedule     3],     after 'recording' insert '(as defined in section 63(1) of the Youth Justice and Criminal Evidence Act 1999)'.

   

Mr Secretary Blunkett

345

Page     179,     line     19     [Schedule     3],     leave out from 'trial' to end of line 20 and insert 'referred to in subsection (1) above.'.

   

Mr Secretary Blunkett

346

Page     179,     [Schedule     3],     leave out lines 30 to 34 and insert—

    '(3)   In a case where a person is sent for trial under section 51 or 51A above for more than one offence, the court shall specify in that notice, for each offence—

      (a) the subsection under which the person is so sent; and

      (b) if applicable, the offence to which that offence appears to the court to be related.'.

   

Mr Secretary Blunkett

347

Page     179,     line     44     [Schedule     3],     leave out '51' and insert '50A'.


   

Mr Secretary Blunkett

348

Page     180,     line     5     [Schedule     3],     leave out 'indictable-only' and insert 'indictable'.

   

Mr Secretary Blunkett

349

Page     180,     line     7     [Schedule     3],     leave out 'indictable-only' and insert 'indictable'.

   

Mr Secretary Blunkett

350

Page     180,     line     10     [Schedule     3],     at end insert—

    '16A (1) After section 52 there is inserted—

          "52ARestrictions on reporting    (1)   Except as provided by this section, it shall not be lawful—

          (a) to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or

          (b) to include in a relevant programme for reception in the United Kingdom a report of any such proceedings,

        if (in either case) the report contains any matter other than that permitted by this section.

          (2)   Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings.

          (3)   Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

          (4)   Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after hearing the representations of the accused, that it is in the interests of justice to do so.

          (5)   An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below.

          (6)   It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below—

          (a) where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required;

          (b) where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried.

          (7)   The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above—

          (a) the identity of the court and the name of the justice or justices;

          (b) the name, age, home address and occupation of the accused;

          (c) in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information;

          (d) the offence or offences, or a summary of them, with which the accused is or are charged;

          (e) the names of counsel and solicitors engaged in the proceedings;

          (f) where the proceedings are adjourned, the date and place to which they are adjourned;

          (g) the arrangements as to bail;

          (h) whether a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service was granted to the accused or any of the accused.

          (8)   The addresses that may be published or included in a relevant programme under subsection (7) above are addresses—

          (a) at any relevant time; and

          (b) at the time of their publication or inclusion in a relevant programme.

          (9)   The following is relevant business information for the purposes of subsection (7) above—

          (a) any address used by the accused for carrying on a business on his own account;

          (b) the name of any business which he was carrying on on his own account at any relevant time;

          (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

          (d) the address of any such firm;

          (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

          (f) the address of the registered or principal office of any such company;

          (g) any working address of the accused in his capacity as a person engaged by any such company;

        and here "engaged" means engaged under a contract of service or a contract for services.

          (10)   Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

          (11)   In this section—

      "allocation or sending proceedings" means, in relation to an information charging an indictable offence—

          (a) any proceedings in the magistrates' court at which matters are considered under any of the following provisions—

          (i) sections 19 to 23 of the 1980 Act;

          (ii) section 51, 51A or 52 above;

          (b) any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; and

          (c) any proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered;

      "publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;"relevant programme" means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);"relevant time" means a time when events giving rise to the charges to which the proceedings relate occurred.    52BOffences in connection with reporting    (1)   If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence—

          (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

          (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

          (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper.

          (2)   A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

          (3)   Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

          (4)   Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

          (5)   Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section.".

    (2) In section 121 (short title, commencement and extent)—

            (a)   in subsection (6), after paragraph (b) there is inserted—

          "(bb) sections 52A and 52B;",

                (b)   in subsection (8), after "(5) above," there is inserted "sections 52A and 52B above,".'

 
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