|
|
| |
| |
|
| |
| | |
| Clause 82, page 47, leave out lines 14 to 17 and insert— |
|
| | ‘(6) | For the purposes of subsection (5) an offence is a relevant offence if it is an |
|
| | offence described in Schedule 1A. |
|
| | (7) | The Secretary of State may by order amend Schedule 1A.’. |
|
| |
| |
| | |
| Clause 82, page 47, leave out lines 16 and 17. |
|
| |
| |
| |
| | |
| Page 47, line 4, leave out Clause 82. |
|
| |
| |
| | |
| Schedule 12, page 146, line 40, at end insert— |
|
| | |
| | A1 | Murder in a case where it is alleged that a firearm or knife was used to cause |
|
| | |
| | B1 | Manslaughter in a case where it is alleged that a firearm or knife was used to |
|
| | cause the death in question. |
|
| | C1 | Murder or manslaughter in a case (other than a case falling within paragraph |
|
| | A1 or B1) where it is alleged that— |
|
| | (a) | the accused was carrying a firearm or knife at any time during the |
|
| | commission of the offence, and |
|
| | (b) | a person other than the accused knew or believed at any time during |
|
| | the commission of the offence that the accused was carrying a firearm |
|
| | |
| | Offences against the Person Act 1861 (c. 100) |
|
| | D1 | An offence under section 18 of the Offences against the Person Act 1861 |
|
| | (wounding with intent to cause grievous bodily harm etc) in a case where it is |
|
| | alleged that a firearm or knife was used to cause the wound or harm in |
|
| | |
| | E1 | An offence under section 20 of that Act (malicious wounding) in a case where |
|
| | it is alleged that a firearm or knife was used to cause the wound or inflict the |
|
| | |
| | F1 | An offence under section 38 of that Act (assault with intent to resist arrest) in |
|
| | a case where it is alleged that a firearm or knife was used to carry out the |
|
| | |
| | G1 | An offence under section 47 of the Offences against the Person Act 1861 |
|
| | (assault occasioning actual bodily harm) in a case where it is alleged that a |
|
| | firearm or knife was used to inflict the harm in question. |
|
|
|
| |
| |
|
| | H1 | An offence under section 18, 20, 38 or 47 of the Offences against the Person |
|
| | Act 1861 in a case (other than a case falling within any of paragraphs D1 to |
|
| | G1) where it is alleged that— |
|
| | (a) | the accused was carrying a firearm or knife at any time during the |
|
| | commission of the offence, and |
|
| | (b) | a person other than the accused knew or believed at any time during |
|
| | the commission of the offence that the accused was carrying a firearm |
|
| | |
| |
| |
| |
| | |
| Schedule 12, page 148, line 2, at end insert— |
|
| | ‘Offences Against the Person Act 1861 (c.100) |
|
| | 21A | An offence under section 18 of the Offences Against the Person Act 1861 |
|
| | (grievious bodily harm with intent).’. |
|
| |
| | |
| Schedule 12, page 148, line 3, at end insert— |
|
| | ‘21A | A reference in any of paragraphs A1 to H1 to an offence (“offence A”) |
|
| | |
| | (a) | a reference to an attempt to commit offence A in a case where it is |
|
| | alleged that it was attempted to commit offence A in the manner or |
|
| | circumstances described in that paragraph, |
|
| | (b) | a reference to a conspiracy to commit offence A in a case where it is |
|
| | alleged that the conspiracy was to commit offence A in the manner or |
|
| | circumstances described in that paragraph, |
|
| | (c) | a reference to an offence under Part 2 of the Serious Crime Act 2007 |
|
| | in relation to which offence A is the offence (or one of the offences) |
|
| | which the person intended or believed would be committed in a case |
|
| | where it is alleged that the person intended or believed offence A |
|
| | would be committed in the manner or circumstances described in that |
|
| | |
| | (d) | a reference to aiding, abetting, counselling or procuring the |
|
| | commission of offence A in a case where it is alleged that offence A |
|
| | was committed, or the act or omission charged in respect of offence A |
|
| | was done or made, in the manner or circumstances described in that |
|
| | |
| |
| | |
| Schedule 12, page 148, line 4, leave out ‘this Schedule’ insert ‘any of paragraphs 1 |
|
| |
|
|
| |
| |
|
| |
| | |
| Schedule 12, page 148, line 12, at end insert— |
|
| | |
| | |
| | “firearm” has the meaning given by section 57 of the Firearms Act 1968; |
|
| | “knife” has the meaning given by section 10 of the Knives Act 1997.” ’. |
|
| |
| |
| |
| |
| | |
| Clause 83, page 47, line 31, leave out from ‘(ba)’ to first ‘the’ in line 33. |
|
| |
| |
| |
| | |
| Clause 83, page 47, line 33, after ‘part,’, insert ‘and the court is satisfied that the |
|
| witness’s wish is based on informed consent or a real understanding of its consequences,’. |
|
| |
| |
| |
| | |
| Clause 83, page 48, leave out lines 3 to 7. |
|
| |
| |
| |
| | |
| Clause 83, page 48, line 16, leave out ‘take into account’ and insert ‘be satisfied |
|
| |
| |
| |
| |
| | |
| Clause 83, page 48, line 18, at end insert— |
|
| | ‘( ) | where a defendant is under the age of 18, the age and maturity of that |
|
| | |
| |
| |
| |
| | |
| Clause 83, page 48, line 24, after ‘witness’s’, insert ‘sex,’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Page 47, line 21, leave out Clause 83. |
|
| |
| |
| |
| |
| | |
| Clause 84, page 48, leave out line 44. |
|
| |
| |
| |
| |
| | |
| Clause 85, page 49, line 44, at end insert— |
|
| | ‘(1C) | Particulars of the specified person’s name, age, sex, qualifications and |
|
| | relationship, if any, to the witness must be provided to the court and to all other |
|
| | parties to the proceedings by the party calling the witness.’. |
|
| |
| |
| |
| | |
| Clause 85, page 49, line 44, at end insert— |
|
| | ‘(1D) | The specified person must not give evidence on his own account.’. |
|
| |
| |
| |
| |
| | |
| Clause 86, page 50, line 10, after ‘court’, insert ‘and without the party calling that |
|
| witness giving such notice to the other parties in the proceedings as the court may direct’. |
|
| |
| |
| |
| | |
| Clause 87, page 50, line 24, leave out ‘accused’ and insert ‘defendant’. |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 87, page 50, line 27, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 50, line 30, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 50, line 33, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 50, line 33, at end insert— |
|
| | ‘(2A) | The court may give a direction under subsection (3) if, and only if, it has made a |
|
| | determination that the defendant is fit to plead.’. |
|
| |
| |
| | |
| Clause 87, page 50, line 35, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 50, line 39, leave out from first ‘the’ to end and insert ‘defendant, |
|
| questions put to the defendant, and’. |
|
| |
| |
| | |
| Clause 87, page 50, line 41, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, line 2, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| |
| | |
| Clause 87, page 51, line 2, at end insert ‘, but not to give evidence on his own |
|
| |
|
|
| |
| |
|
| |
| |
| | |
| Clause 87, page 51, line 3, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, line 4, leave out ‘accused’s’ and insert ‘defendant’s’. |
|
| |
| |
| | |
| Clause 87, page 51, line 6, leave out ‘accused’s’ and insert ‘defendant’s’. |
|
| |
| |
| | |
| Clause 87, page 51, line 7, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, line 9, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| |
| | |
| Clause 87, page 51, line 10, leave out ‘Act 1983’ and insert ‘Acts 1983 or 2007 as |
|
| |
| |
| |
| | |
| Clause 87, page 51, line 11, leave out first ‘and’ and insert ‘or’. |
|
| |
| |
| | |
| Clause 87, page 51, line 12, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| |
| | |
| Clause 87, page 51, leave out lines 14 to 27. |
|
| |
| |
| | |
| Clause 87, page 51, line 15, leave out ‘accused’ and insert ‘defendant’. |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 87, page 51, line 21, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, line 23, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, leave out line 25 and insert ‘defendant is able to see and hear the |
|
| examination of the defendant.’. |
|
| |
| |
| | |
| Clause 87, page 51, line 43, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 51, line 45, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| | |
| Clause 87, page 52, line 2, leave out ‘accused’ and insert ‘defendant’. |
|
| |
| |
| |
| | |
| Page 50, line 22, leave out Clause 87. |
|
| |
| |
| |
| |
| |
| | |
| Clause 89, page 52, line 22, at end insert— |
|
| | ‘(1A) | In section 57A (live links: introductory) after subsection (2) insert— |
|
| | “(2A) | A live link direction shall not be given in the absence of the accused’s |
|
| | consent unless the court is satisfied that he or his legal representative has |
|
|