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| | ‘(1) | A person convicted of an offence at the Crown Court may appeal to the Court of |
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| | (a) | against his conviction, on any ground; |
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| | (b) | against sentence passed on conviction, unless the sentence is fixed by |
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| | (3) | For the purposes of subsection (2) (b) an order under Article 5 (1) or (3) of the |
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| | Life Sentences (Northern Ireland) Order 2001 (S.I., 2001 / 2564 (N.I. 2)) (tariffs |
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| | etc., in life sentence cases) is a sentence passed on conviction (but not a sentence |
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| | (4) | No leave is required for an appeal to be brought under this section. |
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| | (5) | There is no appeal from the Court of Appeal exercising jurisdiction under this |
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| | Review of appeals commissioners by Court of Appeal |
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| To move the following Clause:— |
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| | ‘(1) | The exercise of functions under this Act by the appeals commissioners may be |
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| | questioned in legal proceedings only before the Court of Appeal. |
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| | (2) | The Court of Appeal is the appropriate tribunal for the purposes of section 7 of |
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| | the Human Rights Act 1998 (c. 42) in relation to proceedings all or part of which |
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| | call into question the exercise of any of the functions under this Act of the appeals |
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| | (3) | There is no appeal from the Court of Appeal exercising jurisdiction under this |
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| | Trial in the Crown Court (No.2) |
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| To move the following Clause:— |
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| | ‘(1) | A person who holds a certificate of eligibility shall be tried for the offences |
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| | certified in that certificate in the Crown Court. |
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| | (2) | Nothing in this Act shall affect the powers of the Crown Court with regard to the |
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| | conduct of its proceedings and in particular its power to compel the attendance of |
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| | (3) | Notwithstanding the Interception of Communications Act 1985, intercepted |
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| | communications shall be admissible in proceedings concerning a person who |
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| | holds a cerfificate of eligibility and subject to the overriding control of the court |
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| | may only be adduced by the prosecution. |
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| | (4) | Intercepted communications shall not be subject to any form of discovery by the |
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| | Trial in the crown court (No. 3) |
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| To move the following Clause:— |
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| | ‘(1) | A person who holds a certificate of eligibility shall be tried for a certified offence |
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| | (2) | There is a legal obligation on a defendant to appear before the Court. |
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| | (3) | Failure by the defendant to appear before the Court shall constitute a criminal |
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| | (4) | The Court may impose such trial conditions on the defendant as it deems |
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| | Duty of Secretary of State to specify certain organisations |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall specify, for the purposes of this Act, any |
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| | organisation which he believes— |
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| | (a) | has not established or is not maintaining a complete and unequivocal |
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| | (b) | has not completed decommissioning to the satisfaction of the |
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| | Commission referred to in section 7(1) of the Northern Ireland Arms |
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| | Decommissioning Act 1997; or |
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| | (c) | has not ended its involvement in— |
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| | (i) | attacks on the security forces, murders, sectarian attacks, riots, or |
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| | other criminal offences (including organised crime); |
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| | (ii) | training, targeting, intelligence gathering, acquisition or |
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| | development of arms or weapons or other preparations for |
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| | (iii) | punishment beatings or attacks or exiling, |
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| | | to the satisfaction of the Monitoring Commission referred to in section |
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| | 1(1) of the Northern Ireland (Monitoring Commission etc.) Act 2003.’. |
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| | Entitlement to certificate and licence: further provisions |
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| To move the following Clause:— |
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| | ‘(1) | If a person who is on licence under section 9 is convicted of an offence which (or |
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| | the conduct constituting which) might have been specified in a certificate of |
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| | eligibility, but which was not specified in such a certificate, the Secretary of State |
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| | shall revoke the person’s licence. |
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| | (2) | Where a person has been granted a certificate of eligibility in which certain |
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| | conduct, or certain offences, are specified, and is on licence, no further certificate |
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| | may be granted to that person in respect of any other offences.’. |
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| | Registration by victim that prosecution should not be brought |
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| To move the following Clause:— |
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| | ‘(1) | A victim may register with the certification commissioner that he does not wish |
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| | for a prosecution to be brought in respect of an offence to which this Act applies |
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| | against any person who gives a full and truthful confession to his involvement in |
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| | (2) | A victim may further register his wish that the confession be given by any such |
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| | (3) | The certification commissioner shall make public any wishes submitted under |
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| | subsections (1) and (2) in such manner as he sees fit. |
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| | (4) | Where a victim has registered his wishes under subsection (1), any person who |
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| | holds a certificate of eligibility and who has, in the opinion of the certification |
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| | commissioner, given a full and truthful confession to that offence may not be |
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| | prosecuted before the Special Tribunal; provided that— |
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| | (a) | where a wish has been registered under subsection (2), the confession has |
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| | been read by any such person in the victim’s presence; |
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| | (b) | the commissioner is satisfied that the wishes of the victim were freely |
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| | given and without coercion; and |
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| | (c) | the confession is read in public by the person.’. |
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| | Consultation by commissioner |
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| To move the following Clause:— |
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| | ‘In this Act, before the commissioner concludes that a confession is full and |
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| | truthful, he must consult regarding it with— |
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| | (a) | the Secretary of State; |
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| | (b) | the Director of Public Prosecutions; |
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| | (d) | the Police Ombudsman; |
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| | (e) | the victim who has registered his wishes under this section; |
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| | (f) | any other victim, where identifiable and practicable; and |
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| | (g) | the public in such manner as the commissioner sees fit.’. |
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| Title, leave out from beginning to ‘before’ in line 2 and insert ‘To provide an amnesty for those |
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| who have committed certain offences’. |
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| | Bill reported, without amendment |
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