|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 59, page 34, line 16, at beginning insert ‘in relation to the offences listed in |
|
| subsection (2)(a) to (d),’. |
|
| |
| |
| |
| | |
| Clause 59, page 34, line 18, at end insert ‘or attempted murder’. |
|
| |
| |
| |
| | |
| Clause 59, page 34, line 20, after ‘death’, insert ‘, wound, or grievious bodily |
|
| |
| |
| |
| |
| | |
| Clause 59, page 34, line 19, at end insert— |
|
| | ‘(c) | an offence under section 18 of the Offences Against the Person Act 1861 |
|
| | (wounding or inflicting grievious bodily harm with intent); |
|
| | (d) | an offence under section 20 of the Offences Against the Person Act 1861 |
|
| | (wounding or inflicting grievious bodily harm); |
|
| | (e) | an offence under section 16 of the Firearms Act 1968 (possession of |
|
| | firearm with intent to endanger life); |
|
| | (f) | an offence under section 16A of the Firearms Act 1968 (possession of |
|
| | firearm or imitation firearm with intent to cause fear of violence); |
|
| | (g) | an offence under section 18 of the Firearms Act 1968 (carrying firearm |
|
| | or imitation firearm with intent to commit an indictable offence or to |
|
| | |
| | (h) | an offence under section 19 of the Firearms Act 1968 (carrying firearm |
|
| | |
| |
| |
| |
| | |
| Page 47, line 4, leave out Clause 82. |
|
| |
| |
| |
| | |
| Page 47, line 21, leave out Clause 83. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 83, page 47, line 31, leave out from beginning to first ‘the’ in line 33. |
|
| |
| |
| |
| | |
| Clause 83, page 48, line 3, leave out paragraph (a). |
|
| |
| |
| |
| | |
| Clause 83, page 48, line 18, at end insert— |
|
| | ‘( ) | where a defendant is under the age of 18, the age and maturity of that |
|
| | |
| |
| |
| |
| | |
| Page 50, line 22, leave out Clause 87. |
|
| |
| |
| |
| | |
| Schedule 13, page 148, line 36, at end insert— |
|
| | ‘(1A) | When appointing judicial members, the Lord Chief Justice must have regard to |
|
| | the need for the judicial members to include at least one person who sits in the |
|
| | |
| |
| |
| |
| | |
| Schedule 13, page 149, line 18, at end insert— |
|
| | ‘(h) | children’s services.’. |
|
| |
| |
| |
| | |
| Clause 41, page 25, line 17, leave out ‘considered’. |
|
| |
| |
| |
| | |
| Clause 42, page 25, line 39, leave out ‘seriously’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 2, leave out ‘or said’. |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 4, leave out ‘seriously’. |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 4, leave out ‘or said’. |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 5, leave out ‘or said’. |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 7, leave out ‘or said’. |
|
| |
| |
| |
| | |
| Clause 46, page 27, line 11, leave out subsection (1A). |
|
| |
| |
| |
| | |
| Clause 46, page 27, line 28, leave out subsection (2). |
|
| |
| |
| |
| | |
| Clause 47, page 28, line 10, leave out subsection (1A). |
|
| |
| |
| |
| | |
| Clause 47, page 28, line 27, leave out subsection (2). |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 49, page 29, line 6, leave out ‘Possession’ and insert ‘Publication’. |
|
| |
| |
| |
| | |
| Clause 49, page 29, line 7, leave out ‘be in possession of’ and insert ‘publish by any |
|
| means whatsoever to another’. |
|
| |
| |
| |
| | |
| Clause 49, page 29, line 13, leave out ‘produced’ and insert ‘published’. |
|
| |
| |
| |
| | |
| Clause 49, page 29, line 14, at end add ‘of the publisher or of a publishee’. |
|
| |
| |
| |
| | |
| Clause 49, page 29, line 15, leave out ‘(as found in the person’s possession)’ and |
|
| |
| |
| |
| |
| | |
| Clause 49, page 29, line 26, at end add ‘of the publisher or of a publishee’. |
|
| |
| |
| |
| | |
| Clause 50, page 30, line 19, after ‘extracted’, insert ‘and published’. |
|
| |
| |
| |
| | |
| Clause 50, page 30, line 20, at end add ‘of the publisher or of a publishee’. |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 51, page 31, line 13, leave out ‘it is’ and insert ‘he has’. |
|
| |
| |
| |
| | |
| Clause 51, page 31, line 14, leave out ‘for a person’ and insert ‘where the |
|
| |
| |
| |
| |
| | |
| Clause 51, page 31, line 15, leave out ‘a’ and insert ‘no’. |
|
| |
| |
| |
| | |
| Clause 51, page 31, line 15, leave out ‘being in possession of’ and insert |
|
| |
| |
| |
| |
| | |
| Clause 51, page 31, line 17, leave out first ‘not’. |
|
| |
| |
| |
| | |
| Clause 51, page 31, line 17, leave out from ‘and’ to ‘it’ in line 18 and insert ‘knew, |
|
| or had cause to suspect’. |
|
| | Responsibility for publication of prohibited image |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person has a defence if— |
|
| | (a) | he was not the author, editor or publisher of the prohibited image, |
|
| | (b) | he took reasonable care in relation to its publication, and |
|
| | (c) | he did not know, and had no reason to believe, that what he did caused or |
|
| | contributed to the publication of the prohibited image. |
|
|
|
| |
| |
|
| | (2) | For this purpose “author”, “editor” and “publisher” have the following meanings, |
|
| | which are futher explained in subsection (3)— |
|
| | “author” means the originator of the image, but does not include a person |
|
| | who did not intend that an image originated by him be published at all; |
|
| | “editor” means a person having editorial or equivalent responsibility for the |
|
| | content of the image or the decision to publish it; and |
|
| | “publisher” means a commercial publisher, that is, a person whose business |
|
| | is issuing material to the public, or a section of the public, who issues |
|
| | material containing the image in the course of that business. |
|
| | (3) | A person shall not be considered the author, editor or publisher of an image if he |
|
| | |
| | (a) | in printing, producing, distributing or selling printed material containing |
|
| | |
| | (b) | in processing, making copies of, distributing, exhibiting or selling a film |
|
| | or sound recording (as defined in Part I of the [1988 c. 48] Copyright, |
|
| | Designs and Patents Act 1988) containing the image; |
|
| | (c) | in processing, making copies of, distributing or selling any electronic |
|
| | medium in or on which the image is recorded, or in operating or |
|
| | providing any equipment, system or service by means of which the |
|
| | statement is retrieved, copied, distributed or made available in electronic |
|
| | |
| | (d) | as the broadcaster of a live programme containing the image in |
|
| | circumstances in which he has no effective control over the maker of the |
|
| | |
| | (e) | as the operator of or provider of access to a communications system by |
|
| | means of which the image is transmitted, or made available, by a person |
|
| | over whom he has no effective control. |
|
| | | In a case not within paragraphs (a) to (e) the court may have regard to those |
|
| | provisions by way of analogy in deciding whether a person is to be considered the |
|
| | author, editor or publisher of a statement. |
|
| | (4) | Employees or agents of an author, editor or publisher are in the same positions as |
|
| | their employer or principal to the extent that they are responsible for the content |
|
| | of the image or the decision to publish it. |
|
| | (5) | In determining for the purposes of this section whether a person took reasonable |
|
| | care, or had reason to believe that what he did caused or contributed to the |
|
| | publication of a prohibited image, regard shall be had to— |
|
| | (a) | the extent of his responsibility for the content of the image or the decision |
|
| | |
| | (b) | the nature or circumstances of the publication, and |
|
| | (c) | the previous conduct or character of the author, editor or publisher. |
|
| | (6) | This section does not apply to any publication which arose before the section |
|
| | |
| | (7) | For the avoidance of doubt, the burden of proving or disproving, as the case may |
|
| | be, any of the facts or matters in subsections (1) to (6) above is on the |
|
| | |
| |
| |
| |
| | |
| Clause 61, page 36, line 8, leave out paragraph (a). |
|
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 61, page 36, line 12, leave out paragraph (c). |
|
| |
| |
| |
| | |
| Clause 61, page 36, line 15, leave out paragraph (d). |
|
| |
| |
| |
| | |
| Clause 63, page 37, line 34, leave out subsection (5). |
|
| |
| |
| |
| | |
| Clause 63, page 37, line 37, leave out subsection (6). |
|
| |
| |
| |
| | |
| Clause 63, page 38, line 9, leave out subsection (9). |
|
| |
| |
| |
| | |
| Clause 71, page 42, line 19, leave out paragraph (b). |
|
| |
|