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| | Page 54, line 40 [Clause 76], leave out subsection (4). |
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| | Page 61, line 11 [Clause 92], leave out from ‘proceedings)’ to end of line 12 and |
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| | insert ‘shall not come into effect until the rules of court shall have been approved by a |
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| | resolution of each House of Parliament as provided for in section 63(4).’. |
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| | Page 61, line 18 [Clause 92], at end insert ‘, subject to subsection (7).’. |
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| | Page 61, line 18 [Clause 92], at end insert ‘subject to subsections (7) and (8)’. |
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| | Page 61, line 21 [Clause 92], at end add— |
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| | | ‘(7) | Section 24 (post-charge questioning: England and Wales) shall not come into |
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| | | effect until the codes of practice under section 66 of the Police and Criminal |
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| | | Evidence Act 1984 (c. 60) and referred to in section 24(4) shall have been agreed |
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| | | by a resolution of each House of Parliament.’. |
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| | Page 61, line 21 [Clause 92], at end add— |
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| | | ‘(7) | Section 22 (period of pre-charge detention) and Schedule 2(amendments relating |
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| | | to a period of pre-charge detention) shall not come into effect until the codes of |
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| | | practice under section 66 of the Police and Criminal Evidence Act 1984 |
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| | | regulating such detention shall have been approved by a resolution of each House |
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| | | |
| | | (8) | Section 24 (period of post-charge questioning) shall not come into effect until the |
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| | | codes of practice under section 66 of the Police and Criminal Evidence Act 1984 |
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| | | and referred to in section 24(4) shall be approved by a resolution of each House |
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| | New Clauses, Amendments to clauses, new Schedules and Amendments to |
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| | Schedules relating to part 3 |
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| | Page 20, line 39 [Clause 28], at end insert— |
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| | | ‘( ) | In section 1 of the Justice and Security (Northern Ireland) Act 2007 (c. 6) (issue |
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| | | of certificate for trial without a jury), after subsection (6) insert— |
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| | | “(6A) | The Director of Public Prosecutions for Northern Ireland may not issue a |
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| | | certificate under subsection (2) if— |
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| | | (a) | the proceedings are taken in Northern Ireland only by virtue of |
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| | | section 28 of the Counter-Terrorism Act 2008, and |
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| | | (b) | it appears to the Director that the only condition that is met is |
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| | Page 20, line 39 [Clause 28], at end insert— |
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| | | “(6A) | Where this section applies to an offence committed in Scotland, proceedings may |
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| | | only be taken in another part of the United Kingdom following consultation with, |
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| | | and with the consent of, the Lord Advocate.”. |
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| | Page 20, line 40 [Clause 28], leave out subsection (7). |
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| | Page 21, line 14 [Clause 30], leave out first ‘court’ and insert ‘jury’. |
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| | Page 21, line 14 [Clause 30], after ‘determines’, insert ‘beyond reasonable doubt’. |
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| | Page 22, line 13 [Clause 33], after ‘property’, insert ‘in respect of’. |
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| | Page 22, line 14 [Clause 33], after ‘which’, insert ‘the court is sure that’. |
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| | Page 22, line 17 [Clause 33], leave out ‘had reasonable cause to suspect’ and insert |
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| | Page 22, line 22 [Clause 33], after ‘which’, insert ‘the court is sure’. |
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| | Page 22, line 24 [Clause 33], leave out ‘had reasonable cause to suspect’ and insert |
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| | Page 22, line 29 [Clause 33], after ‘which’, insert ‘the court is sure’. |
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| | Page 22, line 35 [Clause 33], after ‘which’, insert ‘the court is sure’. |
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| | Page 22, line 40 [Clause 33], after ‘which’, insert ‘the court is sure’. |
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| | Page 22, line 43 [Clause 33], after ‘property’, insert ‘in respect of’. |
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| | Page 23, line 1 [Clause 33], after ‘which’, insert ‘the court was sure was’. |
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| | Page 23, line 1 [Clause 33], leave out ‘is’. |
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| | Page 23, line 11 [Clause 34], after ‘which’, insert ‘the court is sure that’. |
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| | Page 24, line 19 [Clause 35], after ‘section’, insert ‘and where the court is satisfied |
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| | on the balance of probabilities that the person is the owner or otherwise has an interest in |
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| | anything which otherwise might be subject to forfeiture under that section and considers |
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| | that it would be unjust to that person to make an order of forfeiture the court shall not |
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| | make such an order but shall make such other order as seems to the court to be just.’. |
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| | Page 24, line 23 [Clause 35], after ‘person’, insert ‘or on any person dependent |
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| | upon the convicted person’. |
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| | Page 27, line 16 [Clause 37], at end insert ‘and where the court is satisfied on the |
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| | balance of probabilities that the person making the claim is the owner of or otherwise has |
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| | an interest in anything which otherwise might be subject to forfeiture under this section |
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| | and considers that it would be unjust to that person to make an order of forfeiture, the court |
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| | shall not make such an order but shall make such other order as seems to the court to be |
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| | Page 28, line 2 [Clause 37], at end insert ‘and where the court is satisfied on the |
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| | balance of probabilities that the person making the claim is the owner of or otherwise has |
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| | an interest in anything which might otherwise be subject to forfeiture under this section |
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| | and it considers that it would be unjust to that person to make an order of forfeiture the |
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| | court shall not make such an order but shall make such other order as seems to the court |
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| | New clauses, Amendments to Clauses, New Schedules and Amendments to |
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| | Schedules Relating to Part 6 |
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| | Page 45, line 12, leave out Clause 65. |
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| | Page 45, line 23 [Clause 65], leave out subsections (b) and (c). |
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| | Page 45, line 29 [Clause 65], at end insert— |
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| | | ‘(2A) | A certificate may not be issued unless the Secretary of State has obtained prior |
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| | | written approval from the Lord Chief Justice of England and Wales certifying that |
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| | | in his opinion the issue of the certificate would satisfy the requirements of section |
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| | | 1 (appointment of coroners).’. |
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| | Page 46, line 21, leave out Clause 66. |
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| | Page 46, line 34 [Clause 66], leave out subsections (b) and (c). |
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| | Page 46, line 40 [Clause 66], at end insert— |
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| | | ‘(2A) | A certificate may not be issued unless the Secretary of State has obtained prior |
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| | | written approval from the Lord Chief Justice of Northern Ireland certifying that |
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| | | in his opinion the issue of the certificate would satisfy the requirements of |
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| | Page 47, line 30, leave out Clause 67. |
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| | Page 47, line 35 [Clause 67], leave out ‘Secretary of State’ and insert ‘Lord Chief |
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| | Justice of England and Wales or the nominated senior judge’. |
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| | Page 47, line 36 [Clause 67], at end insert ‘provided that such a person has been |
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| | specifically approved for the purpose by the Lord Chief Justice of England and Wales.’. |
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| | Page 47 [Clause 67], leave out lines 37 to 40 and insert— |
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| | | ‘( ) | The Secretary of State must establish and maintain a list of coroners eligible to be |
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| | | appointed under this section (“the approved list”). |
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| | | ( ) | A coroner may be included on the approved list only with the agreement of the |
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| | | Lord Chief Justice of England and Wales or the nominated senior judge. |
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5 | | (1) | A person may be appointed under this section only if— |
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| | | (i) | a coroner on the approved list, |
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| | | (ii) | a puisne judge of the High Court in England and Wales, or |
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10 | | (iii) | a circuit judge, and |
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| | | (b) | the Lord Chief Justice of England and Wales or the nominated senior |
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| | | judge agrees to the person’s appointment.’. |
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| | | As Amendments to Secretary Jacqui Smith’s proposed Amendment (No. 70):— |
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| | Line 1, leave out ‘Secretary of State’ and insert ‘Lord Chief Justice of England |
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| | and Wales or the nominated senior judge’. |
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| | Line 10, leave out ‘Lord Chief Justice of England and Wales or the nominated |
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