|
|
| |
| |
|
| | | “Deputy Chief Coroner appointed by the Lord Chancellor who is not |
|
| | also a senior coroner”.’. |
|
| |
| |
| | |
| Page 200, line 42 [Schedule 19], at end insert— |
|
| | ‘Constitutional Reform Act 2005 (c. 4) |
|
| | | In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial |
|
| | Appointments Commission: relevant offices and enactments), at the end of |
|
| | |
| | Paragraph 1A(5) of Schedule |
| | | | | 7 to the Coroners and Justice |
| | | | | | | |
|
| |
| New Clauses, New Schedules and Amendments relating to Part 2 except |
|
| those relating to hatred on grounds of sexual orientation |
|
| | Abolition of offences of sedition and seditious libel |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The offences of sedition and seditious libel under the common law of England |
|
| | |
| | (2) | In the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) section 1 (orders for |
|
| | seizure of copies of seditious libel) and section 2 (disposal of seized copies) are |
|
| | |
| | (3) | Subsection (2) extends to England and Wales only.’. |
|
| |
|
|
| |
| |
|
| | Expiry of provisions relating to partial defence to murder |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘Sections 39 to 43 shall cease to have effect on 1 January 2012.’. |
|
| |
| | Causing harassment, alarm and distress: restriction of scope |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Public Order Act 1986 (c. 64) is amended as follows. |
|
| | (2) | In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive”.’. |
|
| |
| | Partial defence to murder: justifiable anger |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), D is not to |
|
| | be convicted of murder if— |
|
| | (a) | D’s acts or omissions in doing or being a party to the killing resulted from |
|
| | |
| | (b) | D’s loss of control resulted from D’s anger at V, and |
|
| | (c) | a person of D’s age and sex, with a normal degree of tolerance and self- |
|
| | restraint and in the circumstances of D, might have reacted in the same or |
|
| | in a similar way to D, and |
|
| | (d) | D’s anger at V was attributable to a thing done or said (or both) by V |
|
| | |
| | (i) | constituted circumstances of an extremely grave character, and |
|
| | (ii) | caused D to have an objectively justifiable sense of being |
|
| | |
| | (2) | In subsection (1)(c) the reference to “the circumstances of D” is a reference to all |
|
| | of D’s circumstances other than those whose only relevance to D’s conduct is that |
|
| | they bear on D’s general capacity for tolerance or self-restraint. |
|
| | (3) | A sense of being seriously wronged by a thing done or said is not justifiable if D |
|
| | incited the thing to be done or said for the purpose of providing an excuse to use |
|
| | |
|
|
| |
| |
|
| | (4) | Subsection (1) does not apply if, in doing or being a party to the killing, D acted |
|
| | |
| | |
| | (b) | to uphold D’s, or D’s family’s, honour, or |
|
| | (c) | to punish V for V’s sexual infidelity |
|
| | (5) | On a charge of murder, if sufficient evidence is adduced to raise an issue with |
|
| | respect to the defence under subsection (1), the jury must assume that the defence |
|
| | is satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
|
| | (6) | For the purposes of subsection (5), sufficient evidence is adduced to raise an issue |
|
| | with respect to the defence if evidence is adduced on which, in the opinion of the |
|
| | trial judge, a jury, properly directed, could reasonably conclude that the defence |
|
| | |
| | (7) | A person who, but for this section, would be liable to be convicted of murder is |
|
| | liable instead to be convicted of manslaughter. |
|
| | (8) | The fact that one party to a killing is by virtue of this section not liable to be |
|
| | convicted of murder does not affect the question of whether the killing amounted |
|
| | to murder in the case of any other party to it.’. |
|
| |
| | Partial defence to murder: fear of serious violence |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), D is not to |
|
| | be convicted of murder if— |
|
| | (a) | D’s acts or omissions in doing or being a party to the killing resulted from |
|
| | D’s fear of serious violence from V against D or another identified |
|
| | |
| | (b) | a person of D’s age and sex, with a normal degree of self-restraint and in |
|
| | the circumstances of D, might have reacted in the same or in a similar |
|
| | |
| | (2) | In subsection (1)(b) the reference to “the circumstances of D” is a reference to all |
|
| | of D’s circumstances other than those whose only relevance to D’s conduct is that |
|
| | they bear on D’s general capacity for self-restraint, |
|
| | (3) | D’s fear of serious violence is to be disregarded to the extent that it was caused |
|
| | by a thing which D incited to be done or said for the purposes of providing an |
|
| | |
| | (4) | On a charge of murder, if sufficient evidence is adduced to raise an issue with |
|
| | respect to the defence under subsection (1), the jury must assume that the defence |
|
| | is satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
|
| | (5) | For the purposes of subsection (4), sufficient evidence is adduced to raise an issue |
|
| | with respect to the defence if evidence is adduced on which, in the opinion of the |
|
| | trial judge, a jury, properly directed, could reasonably conclude that the defence |
|
| | |
| | (6) | Subsections (4) and (5) are not to be taken as supplanting or undermining or |
|
| | otherwise affecting any defence of self-defence that might fail to be considered |
|
| | |
|
|
| |
| |
|
| | (7) | A person who, but for this section, would be liable to be convicted of murder is |
|
| | liable instead to be convicted of manslaughter. |
|
| | (8) | The fact that one party to a killing is by virtue of this section not liable to be |
|
| | convicted of murder does not affect the question of whether the killing amounted |
|
| | to murder in the case of any other party to it.’. |
|
| |
| | |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
|
| | as not guilty of murder, but liable instead to be convicted of manslaughter, if D |
|
| | was unaware that his conduct involved a serious risk that another person might |
|
| | die as a result of that conduct. |
|
| | (2) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
|
| | as guilty of murder where D intended to cause serious injury to another person or |
|
| | persons and was aware that there was a serious risk that another person might die |
|
| | as a result of D’s conduct.’. |
|
| |
| | Partial defence to murder: excessive force in self-defence |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), and a |
|
| | defence of self-defence, whether at common law or under section 3(1) of the |
|
| | Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law (Northern |
|
| | Ireland) Act 1967 (c. 18 (N.I.)), falls to be considered, D is not to be convicted of |
|
| | murder if the defence of self-defence fails solely because the force D employed |
|
| | |
| | (2) | A person who, but for this section, would be liable to be convicted of murder is |
|
| | liable instead to be convicted of manslaughter. |
|
| | (3) | The fact that one party to a killing is by virtue of this section not liable to be |
|
| | convicted of murder does not affect the question of whether the killing amounted |
|
| | to murder in the case of any other party to it.’. |
|
| |
|
|
| |
| |
|
| | Images of children: review of provisions |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must, within 2 years of the coming into force of sections |
|
| | 49 to 56, undertake a comprehensive policy review of the impact of those |
|
| | |
| | (2) | The matters dealt with in the review must include— |
|
| | (a) | improvements in child protection, |
|
| | (b) | effect on freedom of speech and freedom of expression, |
|
| | (c) | whether they are functioning as intended, and |
|
| | (d) | whether there have been unintended consequences.’. |
|
| |
| | Abolition of offence of criminal libel |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The offence of criminal libel under the common law of England and Wales is |
|
| | |
| | (2) | In the Libel Act 1843 (6 & 7 Vict. c. 96) sections 4 (publications of libel known |
|
| | to be false), 5 (publication of libel) and 6 (plea of truth of matters charged or of |
|
| | |
| | (3) | In the Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c. 60) section |
|
| | 4 (inquiry by court of summary jurisdiction as to libel being for public benefit or |
|
| | |
| | (4) | In the Law of Libel Amendment Act 1888 (51 & 52 Vict. c. 64) section 8 (order |
|
| | of judge required for prosecution of newspaper proprietor, etc) is omitted.’. |
|
| |
| | Acts not capable of encouraging or assisting suicide (exception for travel abroad) |
|
| |
| |
| |
| |
| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | The Suicide Act 1961 (c. 60) is amended as follows. |
|
| | (2) | After section 2 insert— |
|
|