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S.C.D.
Amendment Paper as at
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| (a) | may have committed a criminal offence; or |
| (b) | may, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings, |
which is not the subject of a complaint, unless it appears to the Director that the Ombudsman is already aware of the allegation.'.
Mr Eddie McGrady
69
Clause 5, page 3, line 39, after '(4A)', insert 'and (4AA)'.
Mr Eddie McGrady
70
Clause 5, page 3, line 42, leave out from 'insert', and insert ', (4A), or (4AA).'.
Mr Eddie McGrady
71
Clause 5, page 4, line 4, leave out from 'substitute' and insert ', (4), (4A), or (4AA).'.
Mr David Trimble
The Reverend Martin Smyth
33
Page 3, line 23, leave out Clause 5.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
57
Clause 6, page 4, line 15, after 'whether', insert 'or not'.
Mr Alistair Carmichael
4
Clause 6, page 4, line 21, leave out 'a term not exceeding five years' and insert 'life'.
Mr Andrew Hunter
The Reverend Ian Paisley
Mr Peter Robinson
Mr Jeffrey M. Donaldson
Mr Nigel Dodds
Mrs Iris Robinson
26
Page 4, line 5, leave out Clause 6.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
58
Clause 7, page 4, line 30, leave out 'international'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
59
Clause 7, page 5, line 17, at end insert 'or'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
60
Clause 7, page 5, line 18, leave out from 'organisation;' to end of line 19.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
61
Clause 7, page 5, line 33, leave out subsection (8).
Mr David Trimble
The Reverend Martin Smyth
38
Page 4, line 26, leave out Clause 7.
Mr David Trimble
The Reverend Martin Smyth
39
Clause 9, page 6, line 30, leave out from 'bail' to 'the' in line 31 and insert 'in proceedings in connection with an offence triable on indictment'.
Mr David Trimble
The Reverend Martin Smyth
40
Clause 9, page 6, line 32, leave out 'High' and insert 'Crown'.
Mr David Trimble
The Reverend Martin Smyth
41
Clause 9, page 6, line 40, at end insert 'No application for consideration of a decision under this section shall be made unless it is based upon information which was not available to the court when the decision was taken.'.
Mr David Trimble
The Reverend Martin Smyth
42
Clause 9, page 7, line 17, leave out 'High' and insert 'Crown'.
Mr David Trimble
The Reverend Martin Smyth
43
Clause 9, page 7, line 20, leave out 'High' and insert 'Crown'.
Mr David Trimble
The Reverend Martin Smyth
44
Clause 9, page 7, line 23, leave out 'punishable by imprisonment' and insert 'triable on indictment'.
Mr David Trimble
The Reverend Martin Smyth
45
Clause 9, page 7, line 24, leave out 'punishable' and insert 'triable'.
Mr David Trimble
The Reverend Martin Smyth
46
Clause 10, page 7, line 39, leave out subsection (4).
Mr John Spellar
8
Schedule 2, page 14, line 14, at end insert—
| '(5) | In Part 1 of Schedule 9 to the Terrorism Act 2000 (c. 11) (scheduled offences) after paragraph 22 insert— |
"Justice (Northern Ireland) Act 2004
| 22A | Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), subject to note 1 below."'. |
Mr John Spellar
9
Schedule 2, page 14, line 39, at end insert—
| '(5) | If, on an application made by a constable, a justice of the peace is satisfied that— |
(a) there are reasonable grounds for believing that a person who is liable to arrest under sub-paragraph (4) is to be found on premises specified in the application; and
(b) any of the conditions specified in sub-paragraph (6) is satisfied,
he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person.
| (6) | The conditions mentioned in sub-paragraph (5) are— |
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) that entry to the premises will not be granted unless a warrant is produced;
(c) that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
18
Clause 11, page 8, line 20, after 'court', insert 'and at the end insert—
| "in order to carry out an arrest under this paragraph, a constable may enter any premises where he has reasonable grounds for suspecting that person to to be.".'. |
Mr John Spellar
6
Clause 11, page 8, line 20, leave out 'and' and insert—
| '( ) | after paragraph (3) insert— |
"(3A) If, on an application made by a constable, a justice of the peace is satisfied that—
| (a) | there are reasonable grounds for believing that a person who is liable to arrest under paragraph (3) is to be found on the premises specified in the application; and |
| (b) | any of the conditions specified in paragraph (3B) is satisfied, |
he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person.
(3B) The conditions mentioned in paragraph (3A) are—
| (a) | that it is not practicable to communicate with any person entitled to grant entry to the premises; |
| (b) | that entry to the premises will not be granted unless a warrant is produced; |
| (c) | that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them."; and'. |
Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
27
Clause 12, page 8, line 42, leave out 'should' and insert 'may'.
Mr John Spellar
62
Clause 12, page 8, line 42, leave out 'England and Wales' and insert 'another part of the United Kingdom'.
Mr Alistair Carmichael
5
Clause 12, page 8, line 42, leave out 'in the interests of maintaining security or good order' and insert 'because of his serious misconduct or with his consent, for his own protection, or, in the interests of maintaining security'.
Mr John Spellar
63
Clause 12, page 9, line 1, leave out 'England and Wales' and insert 'that other part'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
19
Clause 12, page 9, line 4, at end insert 'where a prisoner is transferred under subsection 2A, the jurisdiction which imposed a custodial sentence will be responsible for determining the date of release of the prisoner except where this is delayed by reason of his misconduct.'.
Mr Dominic Grieve
Mr Desmond Swayne
Mr Hugo Swire
Mr Andrew Robathan
20
Clause 12, page 9, line 4, at end insert 'because of his serious misconduct or, with his consent, for his own protection.'.
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| ©Parliamentary copyright 2004 | Prepared 1 Apr 2004 |