House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

67

House of Commons

Tuesday 10 March 2009

Public Bill Committee Proceedings

Coroners and Justice Bill

[Fifteenth and Sixteenth Sittings]

David Howarth

Jenny Willott

Withdrawn  464

Clause  87,  page  50,  line  24,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  465

Clause  87,  page  50,  line  27,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  466

Clause  87,  page  50,  line  30,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  467

Clause  87,  page  50,  line  33,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  448

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.’.

David Howarth

Jenny Willott

Not called  468

Clause  87,  page  50,  line  35,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  469

Clause  87,  page  50,  line  39,  leave out from first ‘the’ to end and insert ‘defendant,

Public Bill Committee Proceedings: 10 March 2009
68

Coroners and Justice Bill, continued

questions put to the defendant, and’.

David Howarth

Jenny Willott

Not called  470

Clause  87,  page  50,  line  41,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  471

Clause  87,  page  51,  line  2,  leave out ‘accused’ and insert ‘defendant’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  215

Clause  87,  page  51,  line  2,  at end insert ‘, but not to give evidence on his own

account.’.

David Howarth

Jenny Willott

Not called  472

Clause  87,  page  51,  line  3,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  473

Clause  87,  page  51,  line  4,  leave out ‘accused’s’ and insert ‘defendant’s’.

David Howarth

Jenny Willott

Not called  474

Clause  87,  page  51,  line  6,  leave out ‘accused’s’ and insert ‘defendant’s’.

David Howarth

Jenny Willott

Not called  475

Clause  87,  page  51,  line  7,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  476

Clause  87,  page  51,  line  9,  leave out ‘accused’ and insert ‘defendant’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  216

Clause  87,  page  51,  line  10,  leave out ‘Act 1983’ and insert ‘Acts 1983 or 2007 as

appropriate’.

Public Bill Committee Proceedings: 10 March 2009
69

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

Not called  485

Clause  87,  page  51,  line  11,  leave out first ‘and’ and insert ‘or’.

David Howarth

Jenny Willott

Not called  477

Clause  87,  page  51,  line  12,  leave out ‘accused’ and insert ‘defendant’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  217

Clause  87,  page  51,  leave out lines 14 to 27.

David Howarth

Jenny Willott

Not called  478

Clause  87,  page  51,  line  15,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  479

Clause  87,  page  51,  line  21,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  480

Clause  87,  page  51,  line  23,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  481

Clause  87,  page  51,  leave out line 25 and insert ‘defendant is able to see and hear the

examination of the defendant.’.

David Howarth

Jenny Willott

Not called  482

Clause  87,  page  51,  line  43,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  483

Clause  87,  page  51,  line  45,  leave out ‘accused’ and insert ‘defendant’.

David Howarth

Jenny Willott

Not called  484

Clause  87,  page  52,  line  2,  leave out ‘accused’ and insert ‘defendant’.

Public Bill Committee Proceedings: 10 March 2009
70

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not selected  412

Page  50,  line  22,  leave out Clause 87.

Clause Agreed to.

Clause 88 Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  86

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

been informed by the court or the prosecution of the nature and purpose

of the live link hearing.”’.

Clause Agreed to.

Clause 90 Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  91

Clause  91,  page  54,  line  12,  leave out from ‘constable’ to ‘of’ and insert ‘must

record or cause to be recorded all’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  87

Clause  91,  page  54,  line  16,  after ‘searched’, insert ‘unless that person consents to

being searched by a police officer of the opposite sex or a police officer of the rank of

Inspector or above concludes that a same-sex search would be impractical, that any such

search can be carried out without causing racial, religious or sexual offence and that

unreasonably to insist on a same-sex search would unnecessarily delay the bail hearing.’.

Public Bill Committee Proceedings: 10 March 2009
71

Coroners and Justice Bill, continued

Clause Agreed to.

Bridget Prentice

Agreed to  290

Clause  92,  page  56,  line  10,  leave out from ‘where’ to ‘must’ in line 11 and insert

‘it has power to do so a court decides not to give a live link direction under this section, it’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  88

Clause  92,  page  56,  line  21,  at end insert—

‘(4)
For the avoidance of doubt, an enforcement hearing relating to a confiscation

order under this section does not include a contested application for a confiscation

order.’.

Clause, as amended, Agreed to.

Clauses 93 to 95 Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  89

Clause  96,  page  57,  leave out lines 27 and 28.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  90

Clause  96,  page  57,  line  29,  leave out paragraph (b).

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  218

Clause  97,  page  58,  line  29,  after ‘murder’ , insert  ‘,     attempted murder,

manslaughter, rape or attempted rape’.

Public Bill Committee Proceedings: 10 March 2009
72

Coroners and Justice Bill, continued

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  219

Clause  98,  page  59,  line  4,  after ‘murder’, insert ‘, attempted murder,

manslaughter, rape or attempted rape’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  220

Clause  98,  page  59,  line  7,  after ‘murder’, insert ‘, attempted murder,

manslaughter, rape or attempted rape’.

David Howarth

Jenny Willott

Withdrawn  486

Clause  98,  page  59,  line  10,  leave out ‘48’ and insert ‘24’.

David Howarth

Jenny Willott

Not called  487

Clause  98,  page  59,  line  10,  leave out ‘the day after’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  221

Clause  98,  page  59,  line  19,  after ‘murder’, insert ‘, attempted murder,

manslaughter, rape or attempted rape’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  222

Clause  98,  page  59,  line  20,  after ‘murder’, insert ‘, attempted murder,

manslaughter, rape or attempted rape’.

David Howarth

Jenny Willott

Not called  488

Clause  98,  page  59,  line  21,  leave out subsection (7).

Clause Agreed to.

Public Bill Committee Proceedings: 10 March 2009
73

Coroners and Justice Bill, continued

Bridget Prentice

Agreed to  291

Clause  99,  page  59,  line  40,  leave out ‘fitness to plead’ and insert ‘whether the

accused did the act or made the omission charged’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not selected  223

Page  59,  line  25,  leave out Clause 99.

Clause, as amended, Agreed to.

Alun Michael

David Howarth

Withdrawn  150

Clause  100,  page  60,  line  17,  at end insert—

‘(1A)
The purpose of the Council shall be to issue guidance to sentencers, having

particular regard to the effectiveness of each form of sentence in reducing re-

offending.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not selected  224

Page  60,  line  16,  leave out Clause 100.

Clause Agreed to on division.

Alun Michael

Not called  160

Schedule  13,  page  148,  line  20,  at end insert—

‘(c)
6 members appointed by resolution of the House of Commons.’.

Alun Michael

Not called  161

Schedule  13,  page  148,  line  20,  at end insert—

‘(c)
6 members appointed by the Prime Minister (“independent members”).’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not moved  413

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

Youth Court.’.