Notices of Amendments: 19 March 2009

475

Coroners and Justice Bill, continued

Remaining Proceedings on Consideration

Special counsel in proceedings concerning witness anonymity orders

David Howarth

Jenny Willott

NC12

To move the following Clause:—

‘(1)	On any application for a witness anonymity order, the court must consider

whether the appointment of special counsel to assist the court in deciding whether

to grant the order would contribute significantly to the fairness of the

proceedings, and must apply to the Attorney General for the appointment of such

counsel if it decides that such an appointment would so contribute.

(2)	No witness anonymity order may be granted where the court has applied to the

Attorney General for the appointment of special counsel under subsection (1)

until the Attorney General makes such an appointment, and if the Attorney

General refuses to appoint special counsel on such an application by the court, the

application for the witness anonymity order shall be refused forthwith.’.

Effect of order on disclosure obligations

David Howarth

Jenny Willott

NC13

To move the following Clause:—

‘A witness anonymity order takes precedence over any obligation of a prosecutor

to disclose material to the defence, and, accordingly, no such obligation shall

require a prosecutor to reveal the identity of the witness or information that might

enable the witness to be identified.’.

Mentally disordered persons and persons disqualified from jury service

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Total signatories: 7

NC30

To move the following Clause:—

‘(1)	Schedule 1 of the Juries Act 1974 (mentally disordered persons) is amended as

follows.

Notices of Amendments: 19 March 2009

476

Coroners and Justice Bill, continued

(2)	After paragraph 4 insert—

“5	A person within paragraph 1(b) shall not be disqualified for jury

service if at the times specified in the summons to attend for jury

service he is not suffering from the effects of or presenting symptoms

of any mental illness or disorder.”.’.

Commisioner for Victims and Witnesses: further provisions

Alun Michael

NC44

To move the following Clause:—

‘After section 50 of the Domestic Violence, Crime and Victims Act 2004 insert—

“50A	Complaints

(1)	The Commissioner for Victims and Witnesses may require complaints

from victims and witnesses about the workings of the criminal justice

system and shall either indicate the appropriate body to deal with the

complaint or coordinate consideration of two or more bodies where there

is shared responsibility or a lack of clarity about who is responsible for

the issues about which the complaint is made.

(2)	The Commisioner shall be supplied with a copy of the reponse of any

such body or bodies and may request that the findings be re-considered.

(3)	The Lord Chancellor may issue guidance to the relevant bodies in the

Criminal Justice System setting out how they should co-operate with the

Commission and with each other in order to provide an appropriate

response to victims and witnesses.”’.

Secretary Jack Straw

142

Page  36,  line  4  [Clause  61],  at end insert—

‘( )	A person who discloses such information as regards another person as is

described in subsection (1) may not rely on subsection (8) in a case where—

(a)	it might have been determined that the person was required or permitted

to withhold the information (whether on grounds of public interest

immunity or on other grounds), but

(b)	the person disclosed the information without there having been a

determination as to whether the person was required or permitted to

withhold the information.

Disclosure for the purposes of seeking such a determination is not a contravention

of an investigation anonymity order.’.

Notices of Amendments: 19 March 2009

477

Coroners and Justice Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

155

Page  37,  line  16  [Clause  63],  leave out ‘(8)’ and insert ‘(8A)’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

141

Page  37,  line  40  [Clause  63],  at end insert—

‘(8A)

The condition in this subsection is that the Director of Public Prosecutions has

given his consent to the application.’.

Mr Douglas Hogg

Mr Richard Shepherd

58

Page  41,  line  20  [Clause  71],  at end insert ‘and must be made as early as is

reasonably possible.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

140

Page  42,  line  5  [Clause  71],  at end insert—

‘(7A)

The court has the power to appoint special counsel to represent the interests of the

defendant in his or her absence, if it appears to the court to be appropriate to do

so in circumstances of the case.’.

Mr Douglas Hogg

Mr Richard Shepherd

59

Page  42,  line  7  [Clause  71],  at end insert—

‘(9)	For the purpose of considering an application for a witness anonymity order the

court may appoint an independent counsel to assist the court and, without limiting

the directions that the court may make, the court direct the independent counsel—

(a)	to enquire into the matters that are set out in sections 72 and 73 and any

other matter that the court may deem relevant, and

(b)	to report his findings to the court.

(10)	Where an independent counsel has been appointed, the party who applied for a

witness anonymity order shall make available to the independent counsel all the

information that is relevant to the proceedings that is in the possession of that

party.

(11)	Where an independent counsel has been appointed, provision shall be made by

order for the fees for the professional services of the independent counsel together

with reasonable expenses to be determined and paid from money appropriated by

Parliament for that purpose.’.

Notices of Amendments: 19 March 2009

478

Coroners and Justice Bill, continued

Mr Douglas Hogg

60

Page  42,  line  11  [Clause  72],  leave out ‘satisfied’ and insert ‘sure’.

Mr Douglas Hogg

61

Page  42,  line  11  [Clause  72],  leave out ‘C’ and insert ‘D’.

David Howarth

Jenny Willot

160

Page  42,  line  15  [Clause  72],  leave out ‘serious damage to property’ and insert

‘damage to property serious enough, either in itself or cumulatively (taken with other

threats to property or to the welfare of persons), for a reasonable person with the resources

of the witness to be intimidated into refusing to give evidence’.

Mr Douglas Hogg

62

Page  42,  line  19  [Clause  72],  leave out subsection (4) and insert—

‘(4)	Condition B is that the making of a witness anonymity order would not deprive

the defendant or (where there is more than one defendant) any defendant of a fair

trial.’.

Mr Douglas Hogg

63

Page  42,  line  23  [Clause  72],  after first ‘not’, insert ‘and could not reasonably be

expected to’.

Mr Douglas Hogg

64

Page  42,  line  25  [Clause  72],  at end insert—

‘(5A)

Condition D is that there is no reason to believe that the witness has a motive or

a tendency to be dishonest, having regard to all the cirumstances of the case and

(where applicable) to the witness’s previous convictions or the witness’s

relationship with the defendant or if more than one with any defendant, of any

associates of the defendant or if more than one, any defendant or with any witness

to be called in the proceedings and to any other consideration that may be relevant

to the issue as the court may think appropriate.’.

David Howarth

Jenny Willott

19

Page  42  [Clause  72],  leave out line 30 and insert—

‘(b)	that there would be damage to property serious enough, either in itself or

cumulatively (taken with other threats to property or to the welfare of

persons), for a reasonable person with the resources of the witness to be

intimidated into refusing to give evidence,’.

Mr Douglas Hogg

65

Page  42,  line  33  [Clause  73],  leave out ‘C’ and insert ‘D’.

Notices of Amendments: 19 March 2009

479

Coroners and Justice Bill, continued

Mr Douglas Hogg

66

Page  42,  line  39  [Clause  73],  at end insert—

‘(aa)

the principle that witness anonymity orders are justified only in

exceptional cases;’.

Mr Douglas Hogg

67

Page  42,  line  39  [Clause  73],  at end insert—

‘(aa)

the gravity of the offence;’.

Mr Douglas Hogg

Mr Richard Shepherd

68

Page  42,  line  42  [Clause  73],  at end insert ‘and whether there is other evidence that

corroborates the witness’s evidence’.

Mr Douglas Hogg

Mr Richard Shepherd

69

Page  43,  line  6  [Clause  73],  leave out paragraph (e).

Mr Douglas Hogg

Mr Richard Shepherd

70

Page  43,  line  44  [Clause  75],  at end insert—

‘(6)	For the purposes of considering whether to discharge, vary or further vary the

order the courts may appoint an independent counsel to assist the court and,

without limiting the directions that the court may make, the court may direct the

independent counsel—

(a)	to enquire into any matter that may be relevant to any issue set out in

subsections (1) and (2), and

(b)	to report his findings to the court.

(7)	Where an independent counsel has been appointed, the party who applied for the

order to discharge or to vary or further vary the existing order must make

available to the independent counsel all the information in relation to the

proceedings that is in the party’s possession, and where the court is acting on its

own initiative the independent counsel shall be provided with all such

information as the court may think appropriate.

(8)	Where an independent counsel has been appointed, provisions shall be made by

order for the fees for the professional services of the independent counsel together

with reasonable expenses to be determined and paid from money appropriated by

Parliament for that purpose.’.

Notices of Amendments: 19 March 2009

480

Coroners and Justice Bill, continued

Mr Douglas Hogg

Mr Richard Shepherd

71

Page  45,  line  9  [Clause  77],  at end insert—

‘(4A)

For the purposes of considering whether to discharge or vary the order the appeal

court may appoint an independent counsel to assist the appeal court and, without

limiting the directions that the appeal court may give, the appeal court may direct

the independent counsel—

(a)	to enquire into any matter that may be relevant to any issue as is set out

in subsection (2), and

(b)	to report his findings to the appeal court.

(4B)	Where an independent counsel has been appointed, the appeal court may direct

that the independent counsel shall be provided with such information as the

appeal court shall deem appropriate.

(4C)	Where an independent counsel has been appointed, provisions shall be made for

the fees of the independent counsel together with reasonable expenses to be

determined and paid from money appropriated by Parliament for that purpose.’.

Secretary Jack Straw

129

Page  51  [Clause  88],  leave out lines 27 to 38 and insert—

‘(7)	Any examination of the accused in pursuance of a direction under

subsection (3) must take place in the presence of such persons as

Criminal Procedure Rules or the direction may provide and in

circumstances in which—

(a)	the judge or justices (or both) and legal representatives acting in

the proceedings are able to see and hear the examination of the

accused and to communicate with the intermediary,

(b)	the jury (if there is one) are able to see and hear the examination

of the accused, and

(c)	where there are two or more accused in the proceedings, each of

the other accused is able to see and hear the examination of the

accused.’.

Mr Douglas Hogg

Mr Richard Shepherd

72

Page  57,  line  18,  leave out Clause 96.

David Howarth

Jenny Willott

132

Page  58,  line  3  [Clause  97],  at end insert—

Notices of Amendments: 19 March 2009

481

Coroners and Justice Bill, continued

‘(3A)

After subsection (4) of that section insert—

“(4A)

In the case of the Secretary of State for Business, Enterprise and

Regulatory Reform, the Secretary of State must delegate his powers

under this section to a prosecutor designated under subsection (6A).”’.

David Howarth

Jenny Willott

31

Page  89,  line  3  [Clause  140],  at end insert ‘, but A is not to be regarded as securing

a benefit for B merely by supplying B without payment with information which B

incorporates in a publication for sale or in any other medium from which B derives

financial benefit’.

Secretary Jack Straw

131

Page  228,  line  34  [Schedule  21],  at end insert—

‘Section 10(1) to (7).’.

OrderS of the House [26 January and 4 march 2009]

That the following provisions shall apply to the Coroners and Justice Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 10 March 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

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Revised 20 March 2009