Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued House of Commons

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Mr Hilton Dawson

71

Schedule     7,     page     38,     line     3,     at end insert—

       'In section 50 of the Children and Young Persons Act 1933 (Age of criminal responsibility) as amended by the Children and Young Persons Act 1963 for the word "ten" substitute "thirteen".'.

   

Mr Paul Goggins

62

Schedule     7,     page     38,     leave out line 34 and insert—

      'In section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (appeal against finding of unfitness to be tried), in subsection (1), for "the jury has returned" substitute "there has been".

      In section 19(1A)(a) of that Act'.

   

Mr Paul Goggins

63

Schedule     7,     page     39,     line     4,     at end insert—

     'In section 81 of that Act (power of Crown Court to grant bail), in subsection (1A), for "or 15" substitute ", 15 or 16A".'.

   

Mr Paul Goggins

64

Schedule     7,     page     40,     line     32,     at end insert—

      'In section 10 of that Act (which makes equivalent provision for Northern Ireland), in subsection (7), for the words "a jury in Northern Ireland has returned" substitute "in Northern Ireland there has been".'.

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Vera Baird

26

Schedule     7,     page     41,     leave out lines 14 to 16 and insert—

    '"(4A)   A court considering whether to make an occupation order shall also consider whether to exercise the power conferred by subsection (2)(b) and, whenever violence has been used or threatened, or where there is a risk of significant harm to the applicant or any relevant child, must use the power conferred by subsection (2)(b) to make a non-molestation order.".'.

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

17

Schedule     7,     page     41,     line     14,     leave out from 'shall' to end of line 16 and insert 'use the power conferred by subsection (2)(b) to make a non-molestation order, whenever violence has been used or threatened, or where there is a risk of significant harm to the applicant or any relevant child'.

   

Mr Paul Goggins

65

Schedule     7,     page     41,     line     33,     at end insert—

    '( ) In subsection (4), for "it were an order of the court" substitute "the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking".'.

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

16

Schedule     7,     page     42,     line     16,     at end insert—

    '(4)   In paragraph (b) of the definition of "relative" in section 63(1) of Part 4 of the Family Law Act 1996, insert "cousins".'.

   

Mr Paul Goggins

75

*Schedule     7,     page     43,     line     7,     at end insert—

     '35A The Criminal Justice and Court Services Act 2000 (c. 43) is amended as follows.

      35B Section 69 (duties in connection with victims of certain offences) (which is superseded by section [Victims of persons sentenced to imprisonment or detention]) is repealed.'.

   

Mr Paul Goggins

76

*Schedule     7,     page     43,     line     8,     leave out from '4' to '(offences'.

   

Mr Paul Goggins

66

Schedule     7,     page     43,     line     32,     at end insert—

    '( ) In paragraph 172, for "63" substitute "63A".'.

   

Mr Paul Goggins

67

Schedule     7,     page     43,     line     38,     at end insert—

     '39A In section 50 of that Act (application of Part 7 to Northern Ireland), in subsection (13), for paragraphs (a) to (c) substitute—

          "(a) for "section 4A of the Criminal Procedure (Insanity) Act 1964" substitute "Article 49A of the Mental Health (Northern Ireland) Order 1986", and

          (b) for "that section" substitute "that Article"."'.


   

Mr Paul Goggins

77

*Schedule     8,     page     45,     line     45,     column 2, at beginning insert—

'Section 69.'.


   

Mr Paul Goggins

68

Schedule     9,     page     47,     line     12,     leave out 'and 39' and insert ', 39 and 39A'.


   

Mr Paul Goggins

81

*Clause     38,     page     20,     line     18,     at end insert—

    '(1A)   Section [Recovery of criminal injuries compensation from offenders] also extends to Scotland.'.

   

Mr Paul Goggins

58

Clause     38,     page     20,     line     28,     at end insert—

'section (Procedure for determining fitness to be tried: Northern Ireland).'.   

Mr Paul Goggins

59

Clause     38,     page     20,     leave out lines 34 and 35.


   

Mr Paul Goggins

60

Clause     39,     page     20,     line     38,     leave out subsection (2).


NEW CLAUSES

Evidence and procedure: England and Wales

   

Mr Paul Goggins

NC18

To move the following Clause:—

    '(1)   Subsections (2) to (4) apply where a person ("the defendant") is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death ("the section 5 offence").

    (2)   Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 (c.33) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty—

      (a) of murder or manslaughter, or

      (b) of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,

    even if there would otherwise be no case for him to answer in relation to that offence.

    (3)   The charge of murder or manslaughter is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (c.37) (unless the section 5 offence is dismissed).

    (4)   At the defendant's trial the question whether there is a case for the defendant to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).

    (5)   An offence under section 5 is an offence of homicide for the purposes of the following enactments—

sections 24 and 25 of the Magistrates' Courts Act 1980 (c.43) (mode of trial of child or young person for indictable offence);section 51A of the Crime and Disorder Act 1998 (c.37) (sending cases to the Crown Court: children and young persons);section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (power and duty to remit young offenders to youth courts for sentence).'.


Evidence and procedure: Northern Ireland

   

Mr Paul Goggins

NC19

To move the following Clause:—

    '(1)   Subsections (2) to (4) apply where a person ("the defendant") is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death ("the section 5 offence").

    (2)   Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I.1988/1987(N.I.20)) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty—

      (a) of murder or manslaughter, or

      (b) of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,

    even if there would otherwise be no case for him to answer in relation to that offence.

    (3)   Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I.1981/1675 (N.I.26)) whether to commit the defendant for trial for the offence of murder or manslaughter, if there is sufficient evidence to put him upon trial for the section 5 offence there is deemed to be sufficient evidence to put him upon trial for the offence of murder or manslaughter.

    (4)   At the defendant's trial the question whether there is a case to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).

    (5)   An offence under section 5 is an offence of homicide for the purposes of the following provisions—

Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.1998/1504(N.I.9)) (mode of trial of child for indictable offence);Article 32 of that Order (power and duty to remit children to youth courts for sentence).'.


Procedure for determining fitness to plead: England and Wales

   

Mr Paul Goggins

NC20

To move the following Clause:—

    '(1)   The Criminal Procedure (Insanity) Act 1964 (c.84) is amended as follows.

    (2)   In section 4 (finding of unfitness to plead), in subsection (5) (question of fitness to be determined by a jury), for the words from "by a jury" to the end substitute "by the court without a jury".

    (3)   In subsection (6) of that section, for "A jury" substitute "The court".

    (4)   In subsection (1) of section 4A (finding that the accused did the act or omission charged against him), for "jury" substitute "court".

    (5)   For subsection (5) of that section substitute—

          "(5)   Where the question of disability was determined after arraignment of the accused, the determination under subsection(2) is to be made by the jury by whom he was being tried."'.



 
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Prepared 18 Jun 2004