| Amendments proposed to the Northern Ireland (offences) Bill - continued | House of Commons |
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Mr Laurence Robertson 153 Clause 25, page 13, line 41, leave out subsection (7).
NEW CLAUSESTermination of inquiries
Mr Peter Robinson NC1 To move the following Clause:—
Certificates for offences committed in the course of efforts to combat terrorism in Northern Ireland
Mr Peter Robinson NC2 To move the following Clause:—'(1) Where an application is made to the certification commissioner for a certificate of eligibility, the commissioner must issue a certificate if—
(2) The commissioner may preserve the anonymity of any person who makes an application under this section, if he sees fit.'.
Victims' rights and entitlements—eligibility certificates
Mr Peter Robinson NC3 To move the following Clause:—
Victims' rights and entitlements—special tribunals
Mr Peter Robinson NC4 To move the following Clause:—'(1) Before the Special Tribunal established under section 8 sentences an applicant who pleads guilty or is found guilty of an offence, it shall give an opportunity for a victim, or the family of a victim, to make representations to it. (2) In passing sentence, the Special Tribunal shall take into account any representations made to it under subsection (1).'.
Civil proceedings unaffected
Mr Peter Robinson NC5 To move the following Clause:—
Victims' applications
Mr Peter Robinson NC6 To move the following Clause:—'(1) Six months after the coming into force of this Act, a victim, or the family of a victim, may apply to the Special Tribunal to try a person who meets the conditions set out in section 3(2) but who has not made an application for a certificate of eligibility. (2) If an application is made under subsection (1), the Special Tribunal shall proceed to try the case as though the offender held a certificate of eligibility, in accordance with the provisions of section 8(3). (3) A person found guilty of an offence by the Special Tribunal under the provisions of this section shall, if and when apprehended, serve the sentence set by the Special Tribunal.'.
Time limits for acceptance of applications for certificates of eligibility
Mr Peter Robinson NC7 To move the following Clause:—'(1) No applications for certificates of eligibility will be accepted after six months following the coming into force of this Act from those believed to have committed offences. (2) No applications for certificates of eligibility will be accepted from victims or victims' families after twelve months following the coming into force of this Act.'.
Reporting of applications for certificates
Lembit Öpik NC8 To move the following Clause:—
Disqualification from district policing partnership
Lembit Öpik NC9 To move the following Clause:—'(1) Paragraph 8 of Schedule 3 of the Police (Northern Ireland) Act 2000 is amended as follows. (2) In sub-paragraph (4) after "licence" insert "under the Northern Ireland (Sentences) Act 1998". (3) After sub-paragraph (4)(a) insert—
Reporting of proceedings
Lembit Öpik NC10 To move the following Clause:—
Expiry
Lembit Öpik NC11 To move the following Clause:—
Suspension of section 3
Mr Laurence Robertson NC12 To move the following Clause:—
Trial in the Crown Court
Lembit Öpik NC13 To move the following Clause:—'(1) A person who holds a certificate of eligibility shall be tried for a certified offence in the Crown Court. (2) The Crown Court may, not under this section, try any offence that is not a certified offence. (3) There is an obligation on a defendant to appear before the Crown Court.'.
Review by Court of Appeal
Lembit Öpik NC14 To move the following Clause:—'(1) The exercise of functions under this Act by—
(2) The Court of Appeal is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 (c. 42) in relation to proceedings all or part of which call into question the exercise of any of the functions under this Act of—
Appeal to Court of Appeal
Lembit Öpik NC15 To move the following Clause:—'(1) A person convicted of an offence at the Crown Court may appeal to the Court of Appeal. (2) He may appeal—
(3) For the purposes of subsection (2) (b) an order under Article 5 (1) or (3) of the Life Sentences (Northern Ireland) Order 2001 (S.I., 2001 / 2564 (N.I. 2)) (tariffs etc., in life sentence cases) is a sentence passed on conviction (but not a sentence fixed by law). (4) No leave is required for an appeal to be brought under this section. (5) There is no appeal from the Court of Appeal exercising jurisdiction under this section.'.
Review of appeals commissioners by Court of Appeal
Lembit Öpik NC16 To move the following Clause:—'(1) The exercise of functions under this Act by the appeals commissioners may be questioned in legal proceedings only before the Court of Appeal. (2) The Court of Appeal is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 (c. 42) in relation to proceedings all or part of which call into question the exercise of any of the functions under this Act of the appeals commissioners. (3) There is no appeal from the Court of Appeal exercising jurisdiction under this section.'.
Trial in the Crown Court (No.2)
Lady Hermon NC17 To move the following Clause:—'(1) A person who holds a certificate of eligibility shall be tried for the offences certified in that certificate in the Crown Court. (2) Nothing in this Act shall affect the powers of the Crown Court with regard to the conduct of its proceedings and in particular its power to compel the attendance of the accused. (3) Notwithstanding the Interception of Communications Act 1985, intercepted communications shall be admissible in proceedings concerning a person who holds a certificate of eligibility and subject to the overriding control of the court may only be adduced by the prosecution. (4) Intercepted communications shall not be subject to any form of discovery by the accused.'.
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