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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 a |
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| | | 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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| | Clause 92, page 56, line 21, at end insert— |
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| | | ‘(4) | For the avoidance of doubt, an enforcement hearing relating to a confiscation |
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| | | order under this section does not include a contested application for a confiscation |
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| | Clause 96, page 57, leave out lines 27 and 28. |
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| | Clause 96, page 57, line 29, leave out paragraph (b). |
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| | Clause 97, page 58, line 29, after ‘murder’ , insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 4, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 7, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 19, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 20, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 99, page 59, line 40, leave out ‘fitness to plead’ and insert ‘whether the |
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| | accused did the act or made the omission charged’. |
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| | Page 59, line 25, leave out Clause 99. |
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| | Clause 100, page 60, line 17, at end insert— |
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| | | ‘(1A) | The purpose of the Council shall be to issue guidance to sentencers, having |
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| | | particular regard to the effectiveness of each form of sentence in reducing re- |
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| | Page 60, line 16, leave out Clause 100. |
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| | Schedule 13, page 148, line 20, at end insert— |
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| | | ‘(c) | 6 members appointed by resolution of the House of Commons.’. |
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| | Schedule 13, page 148, line 20, at end insert— |
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| | | ‘(c) | 6 members appointed by the Prime Minister (“independent members”).’. |
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| | Schedule 13, page 148, line 36, at end insert— |
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| | | ‘(1A) | When appointing judicial members, the Lord Chief Justice must have regard to |
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| | | the need for the judicial members to include at least one person who sits in the |
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| | Schedule 13, page 149, line 2, after ‘to’, insert ‘their experience and capacity for |
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| | evaluating evidence on the effectiveness of different sentences, and to’. |
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| | Schedule 13, page 149, line 7, at end insert— |
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| | | ‘(5) | When appointing independent members, the Prime Minister shall have regard to |
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| | | their experience of and capacity for assessing evidence especially in relation to |
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| | | the effectiveness of sentences in terms of reducing re-offending.’. |
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| | Schedule 13, page 149, line 18, at end insert— |
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| | | ‘(h) | children’s services.’. |
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| | Schedule 13, page 150, line 2, leave out sub-paragraph (1). |
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| | Page 60, line 19, leave out Clause 101. |
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| | Clause 102, page 61, line 6, leave out subsection (4). |
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| | Clause 102, page 61, line 11, at end insert— |
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| | | ‘(ba) | the Justice Select Committee of the House of Commons (or, if there |
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| | | ceases to be a committee of that name, such committee of the House of |
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| | | Commons as the Lord Chancellor directs);’. |
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| | Clause 102, page 61, line 25, at end insert— |
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| | | ‘(aa) | The relative effectiveness of different sentences in preventing re- |
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| | Clause 102, page 61, line 28, leave out paragraph (d). |
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| | Clause 102, page 61, line 28, leave out ‘and their relative effectiveness in |
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| | preventing re-offending.’. |
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| | Clause 102, page 60, line 33, at end insert— |
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| | | ‘(1A) | In proposing sentencing guidelines the Sentencing Council must have specific |
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| | | regard to the comparative effectiveness of different sentence options and indicate |
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| | | the data, research findings or other evidence on which the Council has relied in |
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| | | preparing its guidance.’. |
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| | Page 60, line 31, leave out Clause 102. |
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| | Page 61, line 31, leave out Clause 103. |
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| | Clause 104, page 63, line 12, leave out paragraph (b). |
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| | Clause 104, page 63, line 12, at end insert— |
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| | | ‘(ba) | the Justice Select Committee of the House of Commons (or, if there |
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| | | ceases to be a committee of that name, such committee of the House of |
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| | | Commons as the Lord Chancellor directs);’. |
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| | Clause 104, page 63, line 13, leave out paragraph (c). |
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| | Page 63, line 1, leave out Clause 104. |
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| | Clause 105, page 63, line 38, leave out ‘or’ and insert ‘to’. |
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| | Clause 105, page 63, line 41, leave out ‘or’ and insert ‘to’. |
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| | Page 63, line 25, leave out Clause 105. |
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