 House of Commons |
Publications on the internet Index of Amendments |
| '43 | In Schedule 21 to that Act (Determination of minimum term in relation to mandatory life sentence) after sub-paragraph 10(e) insert— |
| "(ea) | a connection to a forced marriage or attempted forced marriage, |
| (eb) | a connection to an offence aggravated by the victim's perceived conduct as defined under section 145A,".'. |
Paul Goggins
113
Schedule 8, page 45, line 3, at end insert—
| 'Criminal Procedure (Insanity) Act 1964 (c.84) | Section 7. |
| In section 8— |
| (a) the proviso to subsection (3); |
| (b) in subsection (4), the words from ",except" to "courts-martial,". |
| Schedule 2.'. |
Paul Goggins
114
Schedule 8, page 45, line 5, at end insert—
| 'Courts-Martial (Appeals) Act 1968 (c.20) | In Schedule 3, paragraph 3(b).'. |
Paul Goggins
115
Schedule 8, page 45, line 7, at end insert—
| 'In Schedule 1, paragraph 4(2).'. |
Paul Goggins
116
Schedule 8, page 45, line 32, at end insert—
| 'Armed Forces Act 1996 (c.46) | Section 8. |
| Schedule 2.'. |
Paul Goggins
117
Schedule 8, page 45, line 35, at end insert—
| 'Crime (Sentences) Act 1997 (c.43) | In section 47— |
| (a) in subsection (1), paragraph (d) and the word "or" preceding it; |
| (b) in subsection (2), paragraph (c) and the word "and" preceding it.'. |
Mr Paul Goggins
77
Schedule 8, page 45, line 45, column 2, at beginning insert—
| 'Section 69.'.
|
Paul Goggins
118
Schedule 8, page 45, line 46, at end insert—
| 'Sexual Offences Act 2003 (c. 42) | Section 135(4)(c).'. |
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—
| '(a) | sections (Procedure for determining fitness to plead: England and Wales) and (Procedure for determining fitness to be tried: Northern Ireland); |
| (b) | section 17 and Schedule 2; |
| ( ) | section (Courts-martial etc) and Schedule (Unfitness to stand trial and insanity: courts-martial etc);'. |
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—
| 'Section (Surcharge payable on conviction) applies only in relation to offences committed on or after the commencement of that section.'. |
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 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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