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| | ‘Criminal Justice and Immigration Act 2008 (c. 4) |
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| | 86 (1) | The Criminal Justice and Immigration Act 2008 (c. 4) is amended as follows. |
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| | (2) | In section 11(6) and (7) for “(1A)(b)” substitute “(1A)(c)”. |
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| | (3) | In paragraph 76 of Schedule 4— |
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| | (a) | in sub-paragraph (3) for “(1A)(a)” substitute “(1A)(b)”; |
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| | (b) | in sub-paragraph (5)(b) and (6) for “(1A)(b)” (in each place it occurs) |
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| | Schedule, as amended, Agreed to. |
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| Schedule 20, page 206, line 16, at end insert— |
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| | (a) | becomes an assistant coroner as the result of sub-paragraph (3), and |
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| | (b) | would accordingly (but for this sub-paragraph) be entitled to fees |
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| | under paragraph 16 of Schedule 3, |
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| | | is instead entitled to a salary under paragraph 15 of that Schedule if |
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| | immediately before becoming an assistant coroner he or she was a deputy |
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| | coroner remunerated by a salary. |
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| | (3B) | Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area |
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| | coroner included a reference to a person within sub-paragraph (3A).’. |
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| Schedule 20, page 206, line 37, at end insert— |
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| | ‘Investigation by former coroner |
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| | (a) | was appointed as a coroner under section 1 of the 1988 Act, and |
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| | (b) | ceased to hold office as such before the coming into force of the repeal |
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| | by this Act of that section, |
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| | | is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having |
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| | held office as a senior coroner.’. |
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| Schedule 20, page 209, line 8, at end insert— |
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| | ‘ | In section 61(11A)(a) the reference to 12 months is to be read as a reference to |
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| | 6 months in relation to an offence committed before the commencement of |
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| | section 154(1) of the Criminal Justice Act 2003 (c. 44).’. |
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| Schedule 20, page 209, line 32, leave out ‘section 6 of’. |
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| Schedule 20, page 210, line 9, at beginning insert ‘In this paragraph— |
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| | “appeal court” has the meaning given by section 11 of the 2008 Act;’. |
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| Schedule 20, page 210, line 10, at end insert— |
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| | ‘16A (1) | Section 75 of this Act has effect with the modifications made by this paragraph |
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| | for the purposes of discharging or varying— |
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| | (a) | a witness anonymity order made under the Criminal Evidence |
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| | (Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted |
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| | under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 |
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| | (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or |
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| | (b) | a witness anonymity order made under Chapter 2 of Part 3 of this Act |
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| | by a court-martial constituted under any of those Acts. |
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| | (2) | The references in section 75(2) to (5) to the court that made the order are to be |
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| | (a) | until the coming into force of the Armed Forces Act 2006 (c. 52), as |
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| | references to a court-martial constituted under the Army Act 1955 |
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| | (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or, |
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| | as the case may be, the Naval Discipline Act 1957 (c. 53), and |
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| | (b) | after the coming into force of the Armed Forces Act 2006 (c. 52), as |
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| | references to the Court Martial established under that Act. |
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| | 16B(1) | Notwithstanding section 80, references in Chapter 2 of Part 3 of this Act to a |
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| | service court are to be treated as including a reference to— |
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| | (a) | a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 |
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| | c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval |
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| | Discipline Act 1957 (c. 53); |
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| | (b) | the Summary Appeal Court established by any of those Acts; |
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| | (c) | a Standing Civilian Court established under the Armed Forces Act |
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| | (d) | the Courts-Martial Appeal Court. |
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| | (2) | Notwithstanding subsection (6) of section 76 of this Act, the references in |
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| | section 76 to an appeal court are to be treated as including a reference to the |
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| | Courts-Martial Appeal Court. |
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| | (3) | Each of the provisions mentioned in sub-paragraph (4) has effect with the |
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| | modification set out in that sub-paragraph in a case where— |
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| | (a) | a witness anonymity order is made under Chapter 2 of Part 3 of this |
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| | Act by a relevant service court to which that provision applies, and |
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| | (b) | a person does anything in relation to the order which would, if the |
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| | court had been a court of law having power to commit for contempt, |
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| | have been contempt of that court. |
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| | (a) | section 101(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) has effect |
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| | with the omission of the words “not subject to military law”; |
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| | (b) | section 101(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) has |
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| | effect with the omission of the words “not subject to air-force law”; |
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| | (c) | section 65(1) of the Naval Discipline Act 1957 (c. 53) has effect with |
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| | the omission of the words “not subject to this Act”. |
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| | (5) | In sub-paragraph (3) “relevant service court” means— |
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| | (a) | a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 |
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| | c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval |
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| | Discipline Act 1957 (c. 53); |
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| | (b) | the Summary Appeal Court established by any of those Acts.’. |
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| Schedule 20, page 210, line 16, at end insert— |
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| | ‘17A (1) | If paragraph 59B of Schedule 19 to this Act comes into force before the |
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| | commencement of the Armed Forces Act 2006 (c. 52), the reference in |
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| | paragraph 59B to the Court Martial Appeals Act 1968 (c. 20) is to be read as a |
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| | reference to the Courts-Martial (Appeals) Act 1968 (c. 20). |
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| | (2) | Until the coming into force of the Armed Forces Act 2006 (c. 52), section |
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| | 36(1) of the Courts-Martial (Appeals) Act 1968 (c. 20) has effect as if for the |
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| | words “under this Part of this Act” there were substituted “under this Part of |
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| | this Act or under Chapter 2 of Part 3 of the Coroners and Justice Act 2009”.’. |
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| Schedule 20, page 210, line 36, leave out ‘reference in paragraph’ and insert |
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| ‘references in paragraphs 21A and’. |
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| Schedule 20, page 210, line 38, leave out ‘includes’ and insert ‘include’. |
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| Schedule 20, page 214, line 24, at end insert— |
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| | ‘36A (1) | Except as provided by this paragraph— |
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| | (a) | section 37(5A) of the 1991 Act (as inserted by section [Transfer to |
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| | Parole Board of certain functions under the Criminal Justice Act |
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| | 1991](3)(b) of this Act) applies to prisoners released on licence under |
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| | section 35(1) of that Act before (as well as after) commencement, and |
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| | (b) | the repeal by this Act of section 37(5) and (6) of that Act applies to |
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| | such prisoners and to prisoners released on licence under section |
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| | 33(2), (3) or (3A) of that Act before (as well as after) commencement. |
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| | (2) | The repeal by this Act of section 37(5) of the 1991 Act does not affect its |
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| | continued application to a prisoner where— |
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| | (a) | the prisoner is released on licence after commencement under section |
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| | 33(2), (3) or (3A) or 35(1) of that Act, but |
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| | (b) | the Parole Board has before commencement exercised the function |
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| | under section 37(5) of that Act of making recommendations as to any |
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| | condition to be included or inserted as a condition in the prisoner’s |
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| | licence (including by making a recommendation that no condition |
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| | should be included in that licence). |
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| | (3) | The repeal by this Act of section 37(5) of the 1991 Act does not affect its |
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| | continued application to a prisoner where, before commencement— |
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| | (a) | the prisoner has been released on licence under section 33(2), (3) or |
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| | (3A) or 35(1) of that Act, and |
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| | (b) | the Parole Board has exercised the function under section 37(5) of that |
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| | (i) | making recommendations as to the inclusion or insertion of a |
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| | condition in the prisoner’s licence (including by making a |
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| | recommendation that no condition should be included in that |
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| | (ii) | making recommendations as to the variation or cancellation of |
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| | any such condition (including a recommendation that the |
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| | condition should not be varied or cancelled). |
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| | (4) | Nothing in this paragraph applies to a person whose licence has, before |
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| | commencement, ceased to be in force by virtue of section 37(1) of the 1991 |
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| | (a) | “commencement” means the commencement of section [Transfer to |
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| | Parole Board of certain functions under the Criminal Justice Act |
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| | (b) | “the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it |
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| | continues to apply to persons sentenced for offences committed before |
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| | (c) | the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act |
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| | includes a reference to that provision as modified (for certain long- |
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| | term prisoners) by the Parole Board (Transfer of Functions) Order |
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| | (d) | the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are |
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| | to that provision as so modified; |
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| | (e) | the references in sub-paragraphs (2) and (3) to section 37(5) of the |
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| | 1991 Act are to that provision as so modified.’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 21, page 218, line 37, at end insert— |
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| ‘Criminal Justice Act 1991 (c. 53) |
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| Schedule 21, page 219, line 9, at end insert— |
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| | | | | | | (a) | in subsection (6), the “or” following |
| | | | | | | | | | (b) | in subsection (10), the “and” following |
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| Schedule 21, page 219, line 9, at end insert— |
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| ‘Criminal Justice and Immigration |
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| | Schedule, as amended, Agreed to. |
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| | Clauses 158 and 159 Agreed to. |
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| Clause 160, page 112, line 16, at end insert ‘(except sections 136(1) and (2), 148(2) |
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| and 149 and Schedule 17)’. |
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| Clause 160, page 112, line 29, after ‘8’, insert ‘, 13(2)’. |
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| Clause 160, page 112, line 34, leave out ‘Paragraph 30’ and insert ‘Paragraphs 29 |
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| Clause 160, page 113, line 5, after ‘3,’, insert ‘and paragraph 59B of Schedule 19’. |
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| Clause 160, page 113, line 5, after ‘16’, insert ‘, 16A, 16B’. |
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| Clause 160, page 113, line 5, after ‘17’, insert ‘and 17A’. |
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| | Clause, as amended, Agreed to. |
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| Clause 161, page 113, line 17, leave out ‘85’ and insert ‘86’. |
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| Clause 161, page 113, line 43, at end insert— |
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| | ‘( ) | paragraphs 59A to 59C of Schedule 19 (and section 156(1) so far as |
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| | relating to those provisions);’. |
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| Clause 161, page 113, line 44, after ‘16’, insert ‘, 16A, 16B’. |
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| Clause 161, page 113, line 44, after ‘17’, insert ‘and 17A’. |
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| | Clause, as amended, Agreed to. |
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| | Anonymity in investigations: public interest immunity |
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| To move the following Clause:— |
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| | ‘Nothing in this Chapter affects the common law rules as to the withholding of |
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| | information on the grounds of public interest immunity.’. |
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| | Transfer to Parole Board of certain functions under the Criminal Justice Act 1991 |
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| To move the following Clause:— |
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| | ‘(1) | Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons |
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| | sentenced for offences committed before 4th April 2005) is amended as follows. |
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| | (2) | In section 35 (power to release long-term prisoners), for subsection (1) |
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| | “(1) | After a long-term prisoner has served one-half of his sentence, the |
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| | Secretary of State shall, if recommended to do so by the Board, release |
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| | (3) | In section 37 (duration and conditions of licences)— |
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| | (b) | after that subsection insert— |
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| | “(5A) | The Secretary of State shall not include on release, or |
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| | subsequently insert, a condition in the licence of a long-term |
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| | prisoner to whom section 35(1) applies, or vary or cancel any |
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| | such condition, except in accordance with recommendations of |
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| | (4) | The reference in subsection (2) above to section 35(1) and the reference in |
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| | subsection (3)(a) above to section 37(5) each includes a reference to that |
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| | provision as modified (for certain long-term prisoners) by the Parole Board |
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| | (Transfer of Functions) Order 1998 (S.I. 1998/3218).’. |
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| | Coroner for treasure and assistant coroners for treasure |
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| | Negatived on division NC1 |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor may appoint a coroner, to be known as the Coroner for |
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| | (2) | The Chief Coroner may designate one or more assistant coroners to act as |
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| | Assistant Coroners for Treasure. |
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| | (3) | The Lord Chancellor may by regulations make provision in relation to the |
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| | Coroner for Treasure and Assistant Coroners for Treasure.’. |
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| | Investigations in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Coroner for Treasure must conduct an investigation in relation to an object |
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| | in respect of which notification is given under section 8(1) or 8A(1) of the |
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| | Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to |
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| | (2) | The Coroner for Treasure may conduct an investigation in relation to an object |
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| | which he has reason to suspect is treasure and in respect of which notification has |
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| | not been given under section 8(1) or 8A(1) of that Act (but this is subject to |
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| | (3) | The purpose of an investigation in relation to an object under this section is to |
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