Amendments proposed to the Criminal Justice Bill, As Amended - continued | House of Commons |
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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))
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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 |
(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48D | (1) | Article 9 (later stages of trial) (as originally enacted) is amended as follows.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 |
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 |
(3) | In paragraph 15 in paragraph (b) of the substituted version of section 39(3) |
(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 |
(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; |
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 |
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 |
(4) | In subsection (2A) after "(2)(a)" there is inserted "or (2AA)". |
(5) | In subsection (2G) |
68B | For section 31(3) (definition of defendant and prosecutor) there is substituted |
(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; |
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