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| Schedule 23, page 237, line 18, column 2, at beginning insert— |
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| Schedule 23, page 237, column 2, leave out lines 18 to 20. |
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| Schedule 23, page 237, line 36, at end insert— |
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| ‘Public Order Act 1986 (c. 64) |
| | | | | | | | | | | (a) | in subsection (1), the words “in England and |
| | | | | | | | | | | | | | | | | | | | (a) | in subsection (2)(a), the words “in the case of |
| | | | | an order made in proceedings in England and |
| | | | | | | | | | (b) | subsections (2)(b) and (4). |
| | | | | In section 29L(1) and (2), the words “in England and |
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| Schedule 23, page 237, line 37, column 2, at end insert— |
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| | ‘In Schedule 2, in paragraph 1(d), the words “in |
| | | | | relation to a photograph or pseudo-photograph |
| | | | | showing a child under 16”.’. |
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| Schedule 23, page 238, line 15, column 2, at end insert— |
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| | ‘In section 54(2), the words “and the Central Police |
| | | | | Training and Development Authority”.’. |
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| Schedule 23, page 238, leave out line 31. |
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| Schedule 23, page 239, line 20, column 2, leave out ‘paragraph 73’ and insert |
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| Schedule 23, page 239, line 20, at end add— |
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| | | | | | Police and Justice Act 2006 (c.48) |
| | | | | | In Schedule 13, paragraphs 4 to 6 |
| | | | | together with the cross heading |
| | | | | immediately preceding them.’. |
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| Clause 127, page 84, line 15, after ‘follows’ insert ‘and to any other provision of |
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| Clause 127, page 84, line 15, at end insert— |
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| | ‘(1A) | Subsection (1) does not apply to Part 4, the following provisions of which extend |
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| | to England and Wales only— |
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| | (a) | paragraphs 1 to 5, 8 and 9 of Schedule 7 and sections 30 to 34, so far as |
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| | relating to complaints about matters falling within any of paragraphs 1 to |
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| | (b) | paragraphs 1 to 4 of Schedule 8 and sections 35 and 36, so far as relating |
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| | to deaths falling within any of those paragraphs; |
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| | (c) | section 37(3)(a) to (f); |
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| | (d) | sections 37(apart from subsection (3)(a) to (h)) and 38, so far as relating |
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| | to requests by the Secretary of State which specify matters which— |
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| | (i) | relate to events which have (or may have) occurred as mentioned |
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| | in any of paragraphs (a) to (f) of section 37(3); or |
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| | (ii) | the Secretary of State considers are (or may be) linked to such |
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| | (e) | sections 39 to 41, so far as relating to investigations of complaints, deaths |
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| | or requests mentioned in paragraph (a), (b) or (d) above; |
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| | (f) | sections 43 and 47, so far as relating to complaints mentioned in |
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| | paragraph (a) above or investigations of deaths or requests mentioned in |
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| | paragraph (b) or (d) above.’. |
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| Clause 127, page 84, line 18, leave out paragraph (a) and insert— |
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| | ‘(a) | sections 29, 37(3)(g) and (h), 42, 44 to 46, 48 (subject to subsection (5)), |
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| | 49 to 52 and Schedule 10; |
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| | (aa) | paragraphs 6 and 7 of Schedule 7 and sections 30 to 34, so far as relating |
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| | to complaints about matters falling within either of those paragraphs; |
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| | (ab) | paragraphs 4 to 6 of Schedule 8 and sections 35 and 36, so far as relating |
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| | to deaths falling within any of those paragraphs; |
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| | (ac) | sections 37 (apart from subsection (3)(a) to (h)) and 38, so far as relating |
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| | to requests by the Secretary of State which specify matters which— |
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| | (i) | relate to events which have (or may have) occurred as mentioned |
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| | in paragraph (g) or (h) of section 37(3); or |
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| | (ii) | the Secretary of State considers are (or may be) linked to such |
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| | (ad) | sections 39 to 41, so far as relating to investigations of complaints, deaths |
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| | or requests mentioned in paragraph (aa), (ab) or (ac) above; |
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| | (ae) | sections 43 and 47, so far as relating to complaints mentioned in |
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| | paragraph (aa) above or investigations of deaths or requests mentioned in |
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| | paragraph (ab) or (ac) above.’. |
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| Clause 127, page 84, line 35, leave out paragraph (c). |
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| Clause 127, page 84, line 36, at end insert— |
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| | ‘( ) | section (Northern Ireland Commissioner for Prison Complaints: |
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| | disclosure of information etc);’. |
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| Clause 127, page 84, line 37, leave out paragraph (d) and insert— |
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| | ‘(d) | sections 64 to (Special rules relating to providers of information society |
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| | services) and Schedule (Special rules relating to providers of |
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| | information society services);’. |
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| Clause 127, page 84, line 37, at end insert— |
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| | ‘( ) | section 79(6) and (7) (so far as relating to any provision of Part 3 of the |
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| | Magistrates’ Courts Act 1980 which extends to Northern Ireland); |
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| | ( ) | sections (Transfer of certificates to central authority for Scotland), 80 |
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| | and 81 and Schedules (Penalties suitable for enforcement in England and |
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| | Wales or Northern Ireland) and 16;’. |
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| Clause 127, page 84, line 38, leave out paragraph (e). |
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| Clause 127, page 84, line 40, leave out paragraph (a) and insert— |
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| | ‘(a) | sections (Appointment etc. of Northern Ireland Commissioner for Prison |
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| | Complaints) to (Northern Ireland Commissioner for Prison Complaints: |
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| | power to confer new functions) (except section (Northern Ireland |
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| | Commissioner for Prison Complaints: disclosure of information etc.)) |
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| | and Schedules (The Northern Ireland Commissioner for Prison |
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| | Complaints), (The Northern Ireland Commissioner for Prison |
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| | Complaints: complaints remit), (The Northern Ireland Commissioner for |
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| | Prison Complaints: deaths remit) and (The Northern Ireland |
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| | Commissioner for Prison Complaints: controlling authorities);’. |
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| Clause 127, page 84, line 40, at end insert— |
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| | ‘(aa) | section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’. |
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| Clause 127, page 84, line 40, at end insert— |
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| | ‘( ) | sections (Requests to other member States: Northern Ireland) and |
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| | (Procedure on receipt of certificate by Lord Chancellor: Northern |
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| | ( ) | sections (Requests from other member States: Northern Ireland) and |
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| | (Procedure on receipt of certificate by clerk of petty sessions);’. |
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| Clause 127, page 84, line 41, at end insert— |
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| | ‘( ) | paragraph 21(3) and (4) of Schedule 22.’. |
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| Clause 127, page 85, line 1, leave out ‘or repeal’ and insert ‘, repeal or revocation’. |
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| Clause 127, page 85, line 3, at end insert— |
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| | ‘(6) | The following amendments and repeals also extend to the Channel Islands and the |
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| | (a) | the amendments of sections 26 and 70(1) of the Children and Young |
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| | Persons Act 1969 (c. 54) (transfers between England or Wales and the |
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| | Channel Islands or Isle of Man) made by Schedule 4, and |
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| | (b) | the repeals in Part 1 of Schedule 23 relating to those amendments. |
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| | (7) | In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application |
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| | to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference |
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| | to that Act as amended by Schedule 15. |
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| | (8) | In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, |
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| | Isle of Man, etc.) any reference to that Act includes a reference to— |
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| | (a) | that Act as amended by any provision of this Act, and |
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| | (b) | paragraph 13 of Schedule (Amendments to armed forces legislation).’. |
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| Clause 128, page 85, line 11, at end insert— |
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| | ‘(aa) | section [Restriction on extradition in cases where trial in United |
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| | Kingdom more appropriate];’. |
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| Clause 128, page 85, line 17, at end insert— |
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| | ‘(h) | paragraphs 6(3) and 12 to 15 of Schedule (Hatred on the grounds of |
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| | sexual orientation) and the repeals in Part 4 of Schedule 23 relating to |
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| | Part 3A of the Public Order Act 1986 (c. 64).’. |
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| Clause 128, page 85, line 17, at end insert— |
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| | ‘(i) | paragraphs 8A to 8E of Schedule 21.’. |
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| Clause 128, page 85, line 22, at end insert— |
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| | ‘(d) | paragraphs 2 to 7 of Schedule (Sexual offences: grooming and |
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| Clause 128, page 85, line 22, at end insert— |
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| | ‘(2A) | Where any particular provision or provisions of a Schedule come into force in |
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| | accordance with subsection (1) or (2), the section introducing the Schedule also |
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| | comes into force in accordance with that subsection so far as relating to the |
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| | particular provision or provisions.’. |
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| Clause 128, page 85, line 28, leave out paragraph (d) and insert— |
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| | ‘(d) | sections 76, 77, (Requests to other member States: Northern Ireland), |
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| | (Procedure on receipt of certificate by Lord Chancellor: Northern |
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| | Ireland), 78, 79, (Modification of Magistrates’ Courts Act 1980), |
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| | (Requests from other member States: Northern Ireland), (Procedure on |
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| | receipt of certificate by clerk of petty sessions), (Modification of |
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| | Magistrates’ Courts (Northern Ireland) Order 1981), (Transfer of |
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| | certificates to central authority for Scotland), 80 and 81 and Schedules |
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| | (Penalties suitable for enforcement in England and Wales or Northern |
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| | Power of Court of Appeal to disregard developments in the law |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Appeal Act 1968 (c. 19) is amended as follows. |
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| | (2) | In section 2 (appeals against conviction), after subsection (1B) (as inserted by |
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| | “(1C) | In determining for the purposes of subsection (1)(a) whether the |
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| | conviction is unsafe the Court may, if they think it appropriate in all the |
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| | circumstances of the case, disregard any development in the law since the |
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| | (3) | In section 13 (disposal of appeals against verdict of not guilty by reason of |
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| | insanity), after subsection (1B) (as inserted by section 26(2A)) insert— |
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| | “(1C) | In determining for the purposes of subsection (1)(a) whether the verdict |
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| | is unsafe the Court may, if they think it appropriate in all the |
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| | circumstances of the case, disregard any development in the law since the |
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| | (4) | In section 16 (disposal of appeals against finding of disability), after subsection |
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| | (1B) (as inserted by section 26(2B)) insert— |
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| | “(1C) | In determining for the purposes of subsection (1)(a) whether a finding is |
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| | unsafe the Court may, if they think it appropriate in all the circumstances |
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| | of the case, disregard any development in the law since the date of the |
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| | As an Amendment to Mr David Hanson’s proposed New Clause (Power of Court of |
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| | Appeal to disregard developments in the law) (NC28):— |
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| Line 6, after ‘case’, insert ‘and are satisfied that it would not give rise to |
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| | Meaning of unsafe: Northern Ireland |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows. |
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| | (2) | In section 2 (grounds for allowing an appeal against conviction) after subsection |
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| | “(1A) | For the purposes of subsection (1)(a), the conviction is not unsafe if the |
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| | Court thinks that there is no reasonable doubt about the appellant’s guilt. |
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| | (1B) | Subsection (1A) does not require the Court to dismiss the appeal if it |
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| | thinks that it would seriously undermine the proper administration of |
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| | justice to allow the conviction to stand.” |
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| | (3) | In section 12 (appeal against finding of not guilty on ground of insanity), after |
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| | “(2A) | For the purposes of subsection (2)(a), the finding shall not be regarded as |
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| | unsafe for a reason unrelated to the correctness of the finding of insanity |
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| | if the Court thinks that there is no reasonable doubt that the accused did |
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| | the act or made the omission charged. |
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| | (2B) | Subsection (2A) does not require the Court to dismiss the appeal if it |
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| | thinks that it would seriously undermine the proper administration of |
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| | justice to allow the finding to stand.” |
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| | (4) | In section 13A (appeal against finding of unfitness to be tried), after subsection |
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| | “(3A) | For the purposes of subsection (3)(a), a finding shall not be regarded as |
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| | unsafe for a reason unrelated to the correctness of the finding that the |
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| | accused is unfit to be tried if the Court thinks that there is no reasonable |
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| | doubt that the accused did the act or made the omission charged. |
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| | (3B) | Subsection (3A) does not require the Court to dismiss the appeal if it |
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| | thinks that it would seriously undermine the proper administration of |
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| | justice to allow the finding to stand.”’. |
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| | (5) | In section 25 (evidence)— |
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| | (a) | in subsection (2)(b) after “allowing” insert “or dismissing”, and |
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| | (b) | in subsection (2)(c) for “which is the subject of the appeal” substitute |
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| | “which is relevant to the determination of the appeal”. |
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| | (6) | After section 29 insert— |
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