| Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued | House of Commons |
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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—
Paul Goggins 99 Schedule 7, page 44, line 2, at end insert—
Mrs Ann Cryer 124 Schedule 7, page 44, line 14, at end insert—
Paul Goggins 113 Schedule 8, page 45, line 3, at end insert—
Paul Goggins 114 Schedule 8, page 45, line 5, at end insert—
Paul Goggins 115 Schedule 8, page 45, line 7, at end insert—
Paul Goggins 116 Schedule 8, page 45, line 32, at end insert—
Paul Goggins 117 Schedule 8, page 45, line 35, at end insert—
Mr Paul Goggins 77 Schedule 8, page 45, line 45, column 2, at beginning insert—
Paul Goggins 118 Schedule 8, page 45, line 46, at end insert—
Paul Goggins 119 Schedule 9, page 47, line 4, after 'Court', insert 'or a court-martial'.
Paul Goggins 120 Schedule 9, page 47, line 7, after 'Appeal', insert 'or the Courts-Martial Appeal Court'.
Paul Goggins 121 Schedule 9, page 47, line 10, leave out paragraphs (a) and (b) and insert—
Paul Goggins 122 Schedule 9, page 47, line 12, leave out '10 to 13' and insert '10A to 13, 32A'.
Mr Paul Goggins 68 Schedule 9, page 47, line 12, leave out 'and 39' and insert ', 39 and 39A'.
Paul Goggins 100 Schedule 9, page 47, line 17, at end insert—
Paul Goggins 94 Clause 37, page 20, line 14, after 'section', insert '(Surcharge payable on conviction)(5),'.
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 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).'.
Paul Goggins 105 Clause 38, page 20, line 32, after 'Schedule', insert '(Unfitness to stand trial and insanity: courts-martial etc),'.
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).'.
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