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

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Mr Paul Goggins

83

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

       'section [Victims of mentally disordered persons: Northern Ireland].'.

   

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."'.


Procedure for determining fitness to be tried: Northern Ireland

   

Mr Paul Goggins

NC21

To move the following Clause:—

    '(1)   The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) is amended as follows.

    (2)   In Article 49 (finding of unfitness to be tried), in paragraph (4) (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 paragraph (4A) of that Article, for "A jury" substitute "The court".

    (4)   In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for "jury" substitute "court".

    (5)   For paragraph (5) of that Article substitute—

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


Victims of persons sentenced to imprisonment or detention

   

Mr Paul Goggins

NC23

To move the following Clause:—

    '(1)   This section applies if—

      (a) a court convicts a person ("the offender") of a sexual or violent offence, and

      (b) a relevant sentence is imposed on him in respect of the offence.

    (2)   But section [Victims of persons subject to hospital direction and limitation direction] applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.

    (3)   The local probation board for the area in which the sentence is imposed must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—

      (a) to make representations about the matters specified in subsection (4);

      (b) to receive the information specified in subsection (5).

    (4)   The matters are—

      (a) whether the offender should be subject to any licence conditions or supervision requirements in the event of his release;

      (b) if so, what licence conditions or supervision requirements.

    (5)   The information is information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.

    (6)   If a person whose wishes have been ascertained under subsection (3) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (4), the relevant local probation board must forward those representations to the persons responsible for determining the matter.

    (7)   If a local probation board has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), the relevant local probation board must take all reasonable steps—

      (a) to inform the person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release,

      (b) if he is, to provide the person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family, and

      (c) to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case.

    (8)   The relevant local probation board is—

      (a) in a case where the offender is to be supervised on release by an officer of a local probation board, that local probation board;

      (b) in any other case, the local probation board for the area in which the prison or other place in which the offender is detained is situated.'.


Victims of persons subject to hospital order with restriction order

   

Mr Paul Goggins

NC24

To move the following Clause:—

    '(1)   This section applies if the conditions in subsections (2) and (3) are met.

    (2)   The first condition is that one of these applies in respect of a person ("the patient") charged with a sexual or violent offence—

      (a) the patient is convicted of the offence;

      (b) a verdict is returned that the patient is not guilty of the offence by reason of insanity;

      (c) a finding is made—

      (i) under section 4 of the Criminal Procedure (Insanity) Act 1964 (c.84) that the patient is under a disability, and

      (ii) under section 4A of that Act that he did the act or made the omission charged against him as the offence.

    (3)   The second condition is that a hospital order with a restriction order is made in respect of the patient by a court dealing with him for the offence.

    (4)   The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—

      (a) to make representations about the matters specified in subsection (5);

      (b) to receive the information specified in subsection (6).

    (5)   The matters are—

      (a) whether the patient should be subject to any conditions in the event of his discharge from hospital;

      (b) if so, what conditions.

    (6)   The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.

    (7)   If a person whose wishes have been ascertained under subsection (4) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (5), the relevant local probation board must forward those representations to the persons responsible for determining the matter.

    (8)   If a local probation board has ascertained under subsection (4) that a person wishes to receive the information specified in subsection (6), the relevant local probation board must take all reasonable steps—

      (a) to inform the person whether or not the patient is to be subject to any conditions in the event of his discharge,

      (b) if he is, to provide the person with details of any conditions which relate to contact with the victim or his family,

      (c) if the restriction order in respect of the patient is to cease to have effect, to notify the person of the date on which it is to cease to have effect, and

      (d) to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case.

    (9)   The duties in subsections (7) and (8) apply only while the restriction order is in force.

    (10)   The relevant local probation board is—

      (a) if the patient is to be discharged subject to a condition that he reside in a particular area, the local probation board for the area;

      (b) in any other case, the local probation board for the area in which the hospital in which the patient is detained is situated.'.



 
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