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| | Clause 75, page 44, line 18, after ‘defendant’, insert ‘or a party appearing’. |
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| | Clause 76, page 44, line 28, after second ‘proceedings”)’, insert ‘or an inquest’. |
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| | Clause 76, page 44, line 33, at end insert ‘or |
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| | | (c) | the verdict or any finding of fact or law by the coroner or inquest jury, as |
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| | | the case may be, is reviewed by the appeal court.’. |
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| | Clause 76, page 44, line 41, after ‘proceedings’, insert ‘or appearing at the inquest’. |
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| | Clause 76, page 45, line 3, after ‘proceedings’, insert ‘or a party appearing at the |
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| | Clause 76, page 45, line 7, at end insert — |
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| | | ‘(za) | the High Court (Queen’s Bench Division),’. |
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| | Clause 76, page 45, line 10, at end add ‘, or |
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| | | (d) | The Judicial Committee of the House of Lords and the Supreme Court.’. |
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| Clause 80, page 45, line 34, leave out ‘a magistrates’ court’ and insert ‘a Youth |
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| | Court where the case is one in which, were the defendant an adult, the defendant would |
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| | have been tried in the Crown Court,’. |
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| | Clause 80, page 45, line 34, after ‘court,’, insert ‘a coroner’s court,’. |
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| | Clause 80, page 45, line 35, after ‘Appeal’, insert ‘except where the Crown court is |
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| | specified as the appropriate court,’. |
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| | Clause 80, page 45, line 35, after first ‘Court’, insert ‘the High Court’. |
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| | Clause 80, page 46, line 1, after ‘court,’, insert ‘a coroner’s court,’. |
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| | Clause 82, page 47, leave out lines 14 to 17 and insert— |
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| | | ‘(6) | For the purposes of subsection (5) an offence is a relevant offence if it is an |
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| | | offence described in Schedule 1A. |
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| | | (7) | The Secretary of State may by order amend Schedule 1A.’. |
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| | Page 47, line 4, leave out Clause 82. |
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| | Schedule 12, page 146, line 40, at end insert— |
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| | | A1 | Murder in a case where it is alleged that a firearm or knife was used to cause |
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| | | B1 | Manslaughter in a case where it is alleged that a firearm or knife was used to |
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| | | cause the death in question. |
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| | | C1 | Murder or manslaughter in a case (other than a case falling within paragraph |
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| | | A1 or B1) where it is alleged that— |
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| | | (a) | the accused was carrying a firearm or knife at any time during the |
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| | | commission of the offence, and |
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| | | (b) | a person other than the accused knew or believed at any time during |
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| | | the commission of the offence that the accused was carrying a firearm |
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| | | Offences against the Person Act 1861 (c. 100) |
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| | | D1 | An offence under section 18 of the Offences against the Person Act 1861 |
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| | | (wounding with intent to cause grievous bodily harm etc) in a case where it is |
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| | | alleged that a firearm or knife was used to cause the wound or harm in |
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| | | E1 | An offence under section 20 of that Act (malicious wounding) in a case where |
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| | | it is alleged that a firearm or knife was used to cause the wound or inflict the |
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| | | F1 | An offence under section 38 of that Act (assault with intent to resist arrest) in |
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| | | a case where it is alleged that a firearm or knife was used to carry out the |
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| | | G1 | An offence under section 47 of the Offences against the Person Act 1861 |
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| | | (assault occasioning actual bodily harm) in a case where it is alleged that a |
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| | | firearm or knife was used to inflict the harm in question. |
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| | | H1 | An offence under section 18, 20, 38 or 47 of the Offences against the Person |
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| | | Act 1861 in a case (other than a case falling within any of paragraphs D1 to |
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| | | G1) where it is alleged that— |
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| | | (a) | the accused was carrying a firearm or knife at any time during the |
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| | | commission of the offence, and |
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| | | (b) | a person other than the accused knew or believed at any time during |
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| | | the commission of the offence that the accused was carrying a firearm |
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| | Schedule 12, page 148, line 2, at end insert— |
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| | | ‘Offences Against the Person Act 1861 (c.100) |
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| | | 21A | An offence under section 18 of the Offences Against the Person Act 1861 |
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| | | (grievious bodily harm with intent).’. |
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| | Schedule 12, page 148, line 3, at end insert— |
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| | | ‘21A | A reference in any of paragraphs A1 to H1 to an offence (“offence A”) |
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| | | (a) | a reference to an attempt to commit offence A in a case where it is |
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| | | alleged that it was attempted to commit offence A in the manner or |
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| | | circumstances described in that paragraph, |
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| | | (b) | a reference to a conspiracy to commit offence A in a case where it is |
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| | | alleged that the conspiracy was to commit offence A in the manner or |
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| | | circumstances described in that paragraph, |
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| | | (c) | a reference to an offence under Part 2 of the Serious Crime Act 2007 |
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| | | in relation to which offence A is the offence (or one of the offences) |
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| | | which the person intended or believed would be committed in a case |
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| | | where it is alleged that the person intended or believed offence A |
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| | | would be committed in the manner or circumstances described in that |
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| | | (d) | a reference to aiding, abetting, counselling or procuring the |
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| | | commission of offence A in a case where it is alleged that offence A |
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| | | was committed, or the act or omission charged in respect of offence A |
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| | | was done or made, in the manner or circumstances described in that |
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| | Schedule 12, page 148, line 4, leave out ‘this Schedule’ insert ‘any of paragraphs 1 |
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| | Schedule 12, page 148, line 12, at end insert— |
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| | | “firearm” has the meaning given by section 57 of the Firearms Act 1968; |
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| | | “knife” has the meaning given by section 10 of the Knives Act 1997.” ’. |
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| | Clause 83, page 47, line 31, leave out from ‘(ba)’ to first ‘the’ in line 33. |
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| | Clause 83, page 47, line 33, after ‘part,’, insert ‘and the court is satisfied that the |
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| | witness’s wish is based on informed consent or a real understanding of its consequences,’. |
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| | Clause 83, page 48, leave out lines 3 to 7. |
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| | Clause 83, page 48, line 16, leave out ‘take into account’ and insert ‘be satisfied |
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| | Clause 83, page 48, line 18, at end insert— |
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| | | ‘( ) | where a defendant is under the age of 18, the age and maturity of that |
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| | Clause 83, page 48, line 24, after ‘witness’s’, insert ‘sex,’. |
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| | Page 47, line 21, leave out Clause 83. |
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| | Clause 84, page 48, leave out line 44. |
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| | Clause 85, page 49, line 44, at end insert— |
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| | | ‘(1C) | Particulars of the specified person’s name, age, sex, qualifications and |
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| | | relationship, if any, to the witness must be provided to the court and to all other |
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| | | parties to the proceedings by the party calling the witness.’. |
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| | Clause 85, page 49, line 44, at end insert— |
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| | | ‘(1D) | The specified person must not give evidence on his own account.’. |
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| | Clause 86, page 50, line 10, after ‘court’, insert ‘and without the party calling that |
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| | witness giving such notice to the other parties in the proceedings as the court may direct’. |
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| | | Clause 87, page 50, line 33, at end insert— |
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| | | ‘2A | The court may give a direction under subsection (3) if, and only if, it has made |
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| | | a determination that the defendant is fit to plead.’. |
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| | Clause 87, page 51, line 2, at end insert ‘, but not to give evidence on his own |
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| | Clause 87, page 51, line 10, leave out ‘Act 1983’ and insert ‘Acts 1983 or 2007 as |
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| | Clause 87, page 51, leave out lines 14 to 27. |
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| | Page 50, line 22, leave out Clause 87. |
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| | Clause 89, page 52, line 22, at end insert— |
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| | | ‘(1A) | In section 57A (live links: introductory) after subsection (2) insert— |
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| | | “(2A) | A live link direction shall not be given in the absence of the accused’s |
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| | | consent unless the court is satisfied that he or his legal representative has |
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| | | been informed by the court or the prosecution of the nature and purpose |
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| | | of the live link hearing.”’. |
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| | Clause 91, page 54, line 12, leave out from ‘constable’ to ‘of’ and insert ‘must |
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| | record or cause to be recorded all’. |
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| | Clause 91, page 54, line 16, after ‘searched’, insert ‘unless that person consents to |
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| | being searched by a police officer of the opposite sex or a police officer of the rank of |
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| | Inspector or above concludes that a same-sex search would be impractical, that any such |
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| | search can be carried out without causing racial, religious or sexual offence and that |
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| | unreasonably to insist on a same-sex search would unnecessarily delay the bail hearing.’. |
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| | Clause 92, page 56, line 10, leave out from ‘where’ to ‘must’ in line 11 and insert |
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| | ‘it has power to do so a court decides not to give a live link direction under this section, it’. |
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