Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued | House of Commons |
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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
(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
(4) The matters are
(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
(8) The relevant local probation board is
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
(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
(5) The matters are
(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
(9) The duties in subsections (7) and (8) apply only while the restriction order is in force. (10) The relevant local probation board is
Victims of persons subject to hospital direction and limitation direction
Mr Paul Goggins NC25 To move the following Clause:'(1) This section applies if
(2) The local probation board for the area in which the hospital direction is given 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
(3) The matters are
(4) The information is
(5) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3)(a), the relevant local probation board must forward those representations to the persons responsible for determining the matter. (6) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4)(a), the relevant local probation board must take all reasonable steps
(7) The duties in subsections (5) and (6) apply only while the limitation direction is in force. (8) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3)(b) or (c), the relevant local probation board must forward those representations to the persons responsible for determining the matter. (9) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4)(b), the relevant local probation board must take all reasonable steps
(10) The relevant local probation board is
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