House of Commons portcullis
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        

828

 

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

 


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 16 December 2005