sc811512.826-829

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B. Standing Committee Proceedings: 15th December 2005
826

Northern Ireland (Offences) Bill, continued

‘(1)
A person convicted of an offence at the Crown Court may appeal to the Court of

Appeal.

(2)
He may appeal—

(a)
against his conviction, on any ground;

(b)
against sentence passed on conviction, unless the sentence is fixed by

law.

(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

Lorely Burt

Mark Durkan

Dr Alasdair McDonnell

Not called  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

Not called  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

S.C.B. Standing Committee Proceedings: 15th December 2005
827

Northern Ireland (Offences) Bill, continued

holds a cerfificate 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.’.

Trial in the crown court (No. 3)

Mr Laurence Robertson

Mr Henry Bellingham

Mr Ben Wallace

Mr Tobias Ellwood

Mr Jeremy Hunt

Not called  nc18

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)
There is a legal obligation on a defendant to appear before the Court.

(3)
Failure by the defendant to appear before the Court shall constitute a criminal

offence.

(4)
The Court may impose such trial conditions on the defendant as it deems

necessary.’.

Duty of Secretary of State to specify certain organisations

Mark Durkan

Dr Alasdair McDonnell

Not called  nc19

To move the following Clause:—

‘The Secretary of State shall specify, for the purposes of this Act, any

organisation which he believes—

(a)
has not established or is not maintaining a complete and unequivocal

ceasefire;

(b)
has not completed decommissioning to the satisfaction of the

Commission referred to in section 7(1) of the Northern Ireland Arms

Decommissioning Act 1997; or

(c)
has not ended its involvement in—

(i)
attacks on the security forces, murders, sectarian attacks, riots, or

other criminal offences (including organised crime);

(ii)
training, targeting, intelligence gathering, acquisition or

development of arms or weapons or other preparations for

terrorist campaigns; or

(iii)
punishment beatings or attacks or exiling,

S.C.B. Standing Committee Proceedings: 15th December 2005
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Northern Ireland (Offences) Bill, continued


to the satisfaction of the Monitoring Commission referred to in section

1(1) of the Northern Ireland (Monitoring Commission etc.) Act 2003.’.

Entitlement to certificate and licence: further provisions

Mr Peter Robinson

Mr Jeffrey M. Donaldson

Sammy Wilson

Not called  nc20

To move the following Clause:—

‘(1)
If a person who is on licence under section 9 is convicted of an offence which (or

the conduct constituting which) might have been specified in a certificate of

eligibility, but which was not specified in such a certificate, the Secretary of State

shall revoke the person’s licence.

(2)
Where a person has been granted a certificate of eligibility in which certain

conduct, or certain offences, are specified, and is on licence, no further certificate

may be granted to that person in respect of any other offences.’.

Registration by victim that prosecution should not be brought

Mark Durkan

Dr Alasdair McDonnell

Not called  nc21

To move the following Clause:—

‘(1)
A victim may register with the certification commissioner that he does not wish

for a prosecution to be brought in respect of an offence to which this Act applies

against any person who gives a full and truthful confession to his involvement in

the offence.’.

(2)
A victim may further register his wish that the confession be given by any such

person in his presence.

(3)
The certification commissioner shall make public any wishes submitted under

subsections (1) and (2) in such manner as he sees fit.

(4)
Where a victim has registered his wishes under subsection (1), any person who

holds a certificate of eligibility and who has, in the opinion of the certification

commissioner, given a full and truthful confession to that offence may not be

prosecuted before the Special Tribunal; provided that—

(a)
where a wish has been registered under subsection (2), the confession has

been read by any such person in the victim’s presence;

(b)
the commissioner is satisfied that the wishes of the victim were freely

given and without coercion; and

(c)
the confession is read in public by the person.’.

S.C.B. Standing Committee Proceedings: 15th December 2005
829

Northern Ireland (Offences) Bill, continued

Consultation by commissioner

Mark Durkan

Dr Alasdair McDonnell

Not called  nc22

To move the following Clause:—

‘In this Act, before the commissioner concludes that a confession is full and

truthful, he must consult regarding it with—

(a)
the Secretary of State;

(b)
the Director of Public Prosecutions;

(c)
the Chief Constable;

(d)
the Police Ombudsman;

(e)
the victim who has registered his wishes under this section;

(f)
any other victim, where identifiable and practicable; and

(g)
the public in such manner as the commissioner sees fit.’.

Lady Hermon

Not selected  228

Title, leave out from beginning to ‘before’ in line 2 and insert ‘To provide an amnesty for those

who have committed certain offences’.

Bill reported, without amendment