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| | Clause 11, page 6, line 2, leave out ‘could’ and insert ‘would’. |
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| | Clause 12, page 6, line 18, leave out ‘a magistrates’ court,’. |
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| | Clause 12, page 6, line 20, leave out ‘a magistrates’ court,’. |
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| | | Clauses 13 and 14 Agreed to. |
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| | | Expiry of power to make witness anonymity orders |
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| | To move the following Clause:— |
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| | | ‘(1) | No witness anonymity order may be made under this Act after the relevant date. |
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| | | (2) | Subject to subsection (3) the relevant date is 31 December 2009. |
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| | | (3) | The Secretary of State may by order provide for the relevant date to be a date |
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| | | specified in the order that falls not more than 12 months after— |
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| | | (b) | (if an order has already been made under this subsection) the date |
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| | | specified in the last order. |
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| | | (4) | Nothing in this section affects— |
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| | | (a) | the continuation in effect of a witness anonymity order made before the |
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| | | (b) | the power to discharge or vary such an order under section 6. |
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| | | (5) | An order under subsection (3)— |
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| | | (a) | is to be made by statutory instrument; and |
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| | | (b) | may not be made unless a draft of the instrument containing the order has |
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| | | been laid before and approved by a resolution of each House of |
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| | To move the following Clause:— |
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| | | ‘This Act shall cease to have effect on the expiration of 12 months from the day |
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| | | Appeal against making or refusal of order |
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| | To move the following Clause:— |
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| | | ‘An appeal shall lie to the Court of Appeal from any witness anonymity order |
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| | | made or any refusal to make a witness anonymity order under this Act but only |
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| | | with the leave of the court or of the Court of Appeal.’. |
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| | To move the following Clause:— |
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| | | ‘This Act shall cease to have effect on 1st August 2009 unless extended by a |
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| | | resolution of both Houses of Parliament before 31st July 2009.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | Rules of court may make such provision as appears to the appropriate authority |
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| | | to be necessary or expedient for the purposes of this Act; and the appropriate |
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| | | authority is the authority entitled to make the rules. |
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| | | (2) | The rules must contain provision requiring an applicant for a witness anonymity |
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| | | order to serve on all other parties in the proceedings such notice, and such |
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| | | particulars of or relating to the evidence, as may be prescribed. |
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| | | (3) | The rules may provide that the court may, in such circumstances as may be |
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| | | prescribed, dispense with a requirement imposed by virtue of subsection (2). |
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| | | (4) | In considering the exercise of its powers with respect to costs, the court may take |
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| | | into account any failure by a party to comply with a requirement imposed by |
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| | | virtue of subsection (2) and not dispensed with by virtue of subsection (3). |
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| | | (a) | limit the application of any provision of the rules to prescibed |
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| | | (b) | subject any provision of the rules to prescribed exceptions; |
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| | | (c) | make different provision for different cases or circumstances. |
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| | | (6) | Nothing in this section prejudices the generality of any enactment conferring |
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| | | power to make rules of court; and no particular provision of this section |
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| | | prejudices any general provision of it. |
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| | | “prescribed” means prescibed by rules of court; |
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| | | (b) Criminal Appeal Rules.’. |
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| | To move the following Clause:— |
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| | | ‘This Act shall cease to have effect at the end of the period of 18 months |
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| | | beginning with the day on which this Act was passed.’. |
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| | To move the following Clause:— |
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| | | ‘The court may appoint independent counsel to test any evidence of, and to advise |
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| | | it upon, the witness’s fears under section 4(6) and the relevant considerations |
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| | | Independent counsel (No. 2) |
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| | To move the following Clause:— |
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| | | ‘(1) | For the purposes of considering an application for a witness anonymity order, the |
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| | | court may appoint an independent counsel to assist the court. |
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| | | (2) | The court may direct the independent counsel to investigate on the court’s behalf |
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| | | any matter the court thinks fit, subject to any instruction the court thinks fit, and |
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| | | in particular to inquire into any matter referred to in section 4(3), 4(6) or 5(2)(d). |
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| | | (3) | The party applying for the witness anonymity order must make available to the |
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| | | independent counsel all information relating to the proceeding that is in that |
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| | | (4) | The party applying for the witness anonymity order is responsible for paying the |
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| | | fees of the independent counsel.’. |
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| | | Expiry and revival of Act |
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| | To move the following Clause:— |
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| | | ‘(1) | Subject to subsection (2) this Act shall cease to have effect at the end of the period |
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| | | of one year beginning with the day on which it is brought into force. |
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| | | (2) | The Secretary of State may by order provide that this Act shall continue in force |
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| | | after the period specified in subsection (1) for specified periods not exceeding 12 |
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| | | (3) | Any order referred to in subsection (2) shall only come into force only if approved |
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| | | by each House of Parliament.’. |
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| | | Bill reported, with Amendments. |
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| | | Bill read the third time, and passed. |
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