Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued | House of Commons |
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Mr Paul Goggins 62 Schedule 7, page 38, leave out line 34 and insert
Mr Paul Goggins 63 Schedule 7, page 39, line 4, at end insert
Mr Paul Goggins 64 Schedule 7, page 40, line 32, at end insert
Mrs Cheryl Gillan 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 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
Mrs Cheryl Gillan 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
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
Mr Paul Goggins 67 Schedule 7, page 43, line 38, at end insert
Mr Paul Goggins 77 Schedule 8, page 45, line 45, column 2, at beginning insert
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 CLAUSESEvidence 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
(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
(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
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