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Mr. Bercow: On a point of order, Madam Deputy Speaker.

Madam Deputy Speaker: Order. I must put the Question now, but I will come back to the hon. Gentleman afterwards.

It being two hours after the commencement of proceedings on the programme motion, Madam Deputy Speaker, pursuant to Orders [4 February, 5 March, 2 April and this day], put forthwith the Question already proposed from the Chair.

Question accordingly agreed to.

Clause read a Second time and added to the Bill.

Madam Deputy Speaker then proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.

Clause 11

Grant and Conditions of Bail


Amendments made: No. 443, in page 8, line 11, leave out subsection (3).
No. 444, in page 8, line 19, leave out '2' and insert '2(1)'.—[Mr. Heppell.]

Clause 12

Offences Committed on Bail


Amendments made: No. 445, in page 8, line 36, 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).

(2) The defendant falls within this paragraph if—

(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."'
No. 446, in page 8, line 41, after 'defendant' insert—

'(a) is under the age of 18, and

(b) it appears to the court that he'.
No. 447, in page 8, line 43, leave out '2' and insert '2(1)'.—[Mr. Heppell.]

Clause 16

Drug Users: Restriction on Bail


Amendments made: No. 448, in page 11, line 22, at end insert 'Part 1 of'.
No. 232, in page 11, line 41, after 'treatment' insert '(or both)'.
No. 449, in page 12, line 10, leave out paragraph (a).
No. 450, in page 12, line 22, after 'bail' insert—

'(whether subject to conditions or not)'.

19 May 2003 : Column 725


No. 451, in page 13, leave out lines 25 to 27.—[Mr. Heppell.]

Clause 28

Defence Disclosure


Amendments made: No. 72, in page 18, line 26, after 'evidence', insert—

'or an abuse of process'.
No. 73, in page 19, leave out lines 1 to 3.
No. 74, in page 19, line 9, after 'prosecutor', insert 'either—

(a)'.
No. 75, in page 19, line 10, at end insert

', or

(b) a statement of the kind mentioned in subsection (3A)'.
No. 76, in page 19, line 14, 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.'
No. 77, in page 19, line 16, after 'give', insert 'either'.
No. 78, in page 19, line 16, after 'statement', insert—

'or a statement of the kind mentioned in subsection (3A)'.—[Mr. Heppell.]

Clause 29

Notification of Intention to Call Defence Witnesses


Amendments made: No. 79, in page 19, line 26, leave out

'give or call any evidence at'
and insert—

'call any persons (other than himself) as witnesses at his'.
No. 80, in page 19, line 28, after 'each', insert 'such'.
No. 81, in page 19, line 29 leave out

'(other than the accused himself)'.
No. 82, in page 19, line 32, at end insert 'such'.
No. 83, in page 19, line 41, after 'person', insert '(other than himself)'.—[Mr. Heppell.]

Clause 31

Further Provisions About Defence Disclosure


Amendments made: No. 84, in page 20, line 23, leave out subsection (1) and insert—

'(1) Where an accused's solicitor purports to give on behalf of the accused—

(a) a defence statement under section 5, 6 or 6B, or

(b) a statement of the kind mentioned in section 6B(3A),

that statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.'.
No. 85, in page 21, line 7, at end insert—
'(c) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(3A), to the initial defence statement.'.
[Mr. Heppell.]

19 May 2003 : Column 726

Clause 34

Faults in Defence Disclosure


Amendments made: No. 93, in page 23, line 47, at end insert—

'(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(3A), to the initial defence statement;'.—
No. 86, in page 22, line 30, after 'give', insert 'either'.
No. 87, in page 22, line 30, at end insert—
'or a statement of the kind mentioned in subsection (3A) of that section'.
No. 88, in page 22, line 32, after 'statement', insert—
'or a statement of the kind mentioned in section 6B(3A)'.
No. 89, in page 23, line 3, leave out 'giving'.
No. 90, in page 23, line 15 after 'witness', insert '(other than himself)'.
No. 91, in page 23, line 21, at end insert—
'(5A) Where—
(a) this section applies by virtue of subsection (2)(f)(ii) (including that provision as it applies by virtue of subsection (3)(b)), and
(b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
comment by another party under subsection (5)(a) may be made only with the leave of the court.'.
No. 92, in page 23, line 36, 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—
(a) by reference to the state of affairs at the time when that statement was given, and
(b) as if the defence statement was given at the same time as that statement.'.
No. 93, page 23, line 47, at end insert—
'(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(3A), to the initial defence statement.'.[Mr. Heppell.]

Schedule 27

Further Minor and Consequential Amendments


Amendment made: No. 103, in page 302, line 22, at end insert—
'33A (1) Section 77 (orders and regulations) is amended as follows.
(2) In subsection (5)—
(a) after "No", there is inserted "regulations or" and
(b) after "section" there is inserted "6A or".
(3) In subsection (6)(b) after "regulations" there is inserted "(other than regulations under section 6A)".'

Mr. Bercow: On a point of order, Madam Deputy Speaker. You kindly said that you would revert to me when you had gone through the proper course of action.

19 May 2003 : Column 727

In view of the fact that there were no fewer than 46 Government new clauses and amendments in the category that has just been discussed, which fell into two subdivisions, and that the Solicitor-General, despite her considerable eloquence and succinctness, had the opportunity to speak on only four of them, are you, Madam Deputy Speaker, able to advise me and other Members whether, in the history of our programming arrangements, there is any precedent for the violence to parliamentary opportunity that has been done today?


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