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371

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 16 March 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

297, 299-300, 313-15 and 343-45

 

Consideration of Bill


 

Coroners and Justice Bill, As Amended

 

Andrew Mackinlay

 

16

 

Page  23,  line  26,  leave out Clause 38.

 

Andrew Mackinlay

 

17

 

Page  139,  line  1,  leave out Schedule 9.

 

David Howarth

 

18

 

Page  26  [Clause  43],  leave out line 13 and insert ‘[Partial defence to murder:

 

justifiable anger] and [Partial defence to murder: fear of serious violence]’.

 

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,’.

 

David Howarth

 

Jenny Willott

 

20

 

Page  61,  line  37  [Clause  103],  at end insert—

 

‘(za)    

the relative effectiveness of sentences in preventing re-offending;’.

 

David Howarth

 

Jenny Willott

 

21

 

Page  61  [Clause  103],  leave out lines 41 and 42 and insert—


 
 

Notices of Amendments: 16 March 2009                  

372

 

Coroners and Justice Bill, continued

 
 

‘(d)    

the relative cost-effectiveness of different sentences in relation to

 

preventing re-offending;’.

 

David Howarth

 

Jenny Willott

 

22

 

Page  62,  line  4  [Clause  104],  leave out subsections (2) and (3) and insert—

 

‘( )    

The guidelines must state the appropriateness of imposing different types of

 

sentence for the offence with reference to characteristics of the offender and to

 

characteristics of the offence, including the seriousness of the offence in terms of

 

its effects on victims and the impact different sentences would have on victims.’.

 

David Howarth

 

Jenny Willott

 

23

 

Page  98,  line  20  [Clause  153],  leave out ‘within subsection (2)’.

 

David Howarth

 

Jenny Willott

 

24

 

Page  98  [Clause  153],  leave out lines 25 to 29.

 

David Howarth

 

Jenny Willott

 

25

 

Page  101,  line  12,  leave out Clause 154.

 

David Howarth

 

Jenny Willott

 

26

 

Page  33  [Clause  57],  leave out lines 30 and 31.

 

David Howarth

 

Jenny Willott

 

27

 

Page  34  [Clause  57],  leave out lines 3 and 4.

 

Guidance on offences that involve hatred on grounds of sexual orientation

 

David Howarth

 

Jenny Willott

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Director of Public Prosecutions, in consultation with the Attorney General,

 

must issue guidance to prosecutors explaining the operation of the offences under

 

Part 3A of the Public Order Act 1986 (c. 64) that involve hatred on the grounds

 

of sexual orientation.

 

(2)    

Chief constables must ensure that the contents of the guidance to prosecutors

 

issued under subsection (1) are made known, in an appropriate form, to officers

 

in their force.

 

(3)    

When considering whether to consent to a prosecution for an offence falling

 

within subsection (1), the Attorney General must have particular regard to—


 
 

Notices of Amendments: 16 March 2009                  

373

 

Coroners and Justice Bill, continued

 
 

(a)    

guidance issued under subsection (1), and

 

(b)    

the importance of the rights to freedom of expression, freedom of

 

thought, conscience and religion, respect for private and family life and

 

freedom of assembly and association provided by the European

 

Convention on Human Rights.’.

 

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.’.

 

David Howarth

 

Jenny Willott

 

28

 

Page  141,  line  18  [Schedule  9],  leave out from beginning to end of line 23 on page

 

142.

 

David Howarth

 

Jenny Willott

 

29

 

Page  23,  line  28  [Clause  38],  leave out ‘and in sections 11 and 12’.


 
 

Notices of Amendments: 16 March 2009                  

374

 

Coroners and Justice Bill, continued

 
 

Inquests in camera

 

David Howarth

 

Jenny Willott

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may apply to the High Court for a certificate ordering that

 

an inquest be held in camera.

 

(2)    

The Secretary of State may only apply for a certificate if he is satisfied that it

 

would be necessary to prevent material or information being disclosed whose

 

disclosure would be seriously detrimental to national security.

 

(3)    

The court may only grant the certificate if it is satisfied—

 

(a)    

that granting the certificate is necessary to prevent material or

 

information being disclosed whose disclosure would be seriously

 

detrimental to national security; and

 

(b)    

that other measures short of granting a certificate would not be adequate

 

to prevent such disclosure.

 

(4)    

Where the court grants a certificate, the following provisions apply—

 

(a)    

the Lord Chief Justice may appoint a judge of the High Court to act as

 

coroner for the case, and a judge so appointed shall have the same

 

functions and powers in relation to the body and the investigation as

 

would be the case if he or she were the senior coroner in whose area the

 

body was situated;

 

(b)    

the jury may be subject to checking in accordance with the Attorney

 

General’s Guidelines on Jury Checks.

 

(5)    

The Attorney General must, on the coming of this section into force, consider

 

revising the Guidelines on Jury Checks to meet the particular requirements of

 

inquests in camera.

 

(6)    

If a jury has already been summoned when a certificate is issued, that jury must

 

be discharged and a new jury summoned.

 

(7)    

The powers of coroners to protect the identity of witnesses shall apply to inquests

 

in camera to the same extent that they apply to other inquests.

 

(8)    

The certificate may require that part of the inquest be held in camera and part in

 

public, and the court must only issue a certificate requiring the whole of an

 

inquest to be held in camera if the disclosure of material or information whose

 

disclosure would be seriously detrimental to national security cannot be

 

prevented in any other way.

 

(9)    

Where a certificate has been issued under this section, the coroner or judge may

 

at any time, taking into account any other measures that the coroner or judge may

 

have taken, including measures to protect the identity of witnesses, admit to the

 

proceedings any interested person he may specify, provided that he is satisfied

 

that doing so will not lead to material or information being disclosed whose

 

disclosure would be seriously detrimental to national security.

 

(10)    

Where a decision made by a judge conducting an investigation by virtue of this

 

section gives rise to an appeal under section 30, and the Lord Chief Justice has

 

exercised the power in subsection (4)(a), that section has effect as if references in

 

it to the Chief Coroner were references to a judge of the Court of Appeal

 

nominated by the Lord Chief Justice.

 

(11)    

A reference in this section or section [Discontinuance or variance of certificate

 

for inquest in camera] to conducting an investigation, in the case of an

 

investigation that has already begun, is to be read as a reference to continuing to

 

conduct it.’.


 
 

Notices of Amendments: 16 March 2009                  

375

 

Coroners and Justice Bill, continued

 
 

Discontinuation or variance of certificate for inquest in camera

 

David Howarth

 

Jenny Willott

 

NC15

 

To move the following Clause:—

 

‘(1)    

A certificate under section [Inquests in camera] has effect in relation to an

 

investigation until it is discontinued or varied.

 

(2)    

A certification may (but need not) be discontinued or varied by the Lord Chief

 

Justice at any time on application from the Secretary of State, the investigating

 

coroner or judge of the High Court, or any interested person.

 

(3)    

Where a certificate has been discontinued or varied, and a jury has been

 

summoned, the inquest is to continue with the same jury.’.

 

David Howarth

 

Jenny Willott

 

30

 

Page  2,  line  18,  leave out Clause 13.

 

Intercept evidence

 

David Howarth

 

Jenny Willott

 

NC16

 

To move the following Clause:—

 

‘(1)    

Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) (exclusion

 

of matter from legal proceedings: exceptions) is amended as follows.

 

(2)    

In subsection (7), after paragraph (c) insert—

 

“(d)    

a disclosure to an inquest for which a relevant certificate exists under

 

section [Inquests in camera], and where the coroner or judge is satisfied

 

that the exceptional circumstances of the case make the disclosure

 

essential to enable the matters that are required to be ascertained by the

 

investigation to be ascertained.”.’.

 

Reform of law of murder

 

David Howarth

 

Jenny Willott

 

NC17

 

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.’.


 
 

Notices of Amendments: 16 March 2009                  

376

 

Coroners and Justice Bill, continued

 
 

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’.

 

Partial defence to murder: excessive force in self-defence

 

David Howarth

 

Jenny Willott

 

NC18

 

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

 

was disproportionate.

 

(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.’.

 

David Howarth

 

Jenny Willott

 

32

 

Page  24,  line  4  [Clause  39],  after ‘functioning’, insert ‘or developmental

 

immaturity’.

 

David Howarth

 

Jenny Willott

 

33

 

Page  24  [Clause  39],  leave out line 5.

 

David Howarth

 

Jenny Willott

 

34

 

Page  24  [Clause  39],  leave out lines 14 to 16.

 

David Howarth

 

Jenny Willott

 

35

 

Page  24,  line  26  [Clause  40],  after ‘functioning’, insert ‘or developmental

 

immaturity’.

 

David Howarth

 

Jenny Willott

 

36

 

Page  24  [Clause  40],  leave out line 27.


 
 

Notices of Amendments: 16 March 2009                  

377

 

Coroners and Justice Bill, continued

 
 

David Howarth

 

Jenny Willott

 

37

 

Page  24  [Clause  40],  leave out lines 36 to 38.

 

Mr Dominic Grieve

 

Mr Edward Garnier

 

Mr Henry Bellingham

 

Mrs Eleanor Laing

 

Mr David Burrowes

 

Jeremy Wright

 

Total signatories: 7

 

Mr Edward Timpson

 

38

 

Page  24,  line  9  [Clause  39],  at end insert—

 

‘(1ZA)    

A person (“D”) who kills or is party to the killing of another is not to be convicted

 

of murder if D was under the age of eighteen and his developmental immaturity—

 

(a)    

substantially impaired D’s ability to do one or more of the things

 

mentioned in subsection (1A), and

 

(b)    

provides an explanation for D’s acts and omissions in doing or being a

 

party to the killing.’.

 

Mr Dominic Grieve

 

Mr Edward Garnier

 

Mr Henry Bellingham

 

Mrs Eleanor Laing

 

Mr David Burrowes

 

Jeremy Wright

 

Total signatories: 7

 

Mr Edward Timpson

 

39

 

Page  24,  line  14  [Clause  39],  after ‘(1)(c)’, insert ‘, and subsection (1ZA)(b)’.

 

Mr Dominic Grieve

 

Mr Edward Garnier

 

Mr Henry Bellingham

 

Mrs Eleanor Laing

 

Mr David Burrowes

 

Jeremy Wright

 

Total signatories: 7

 

Mr Edward Timpson

 

40

 

Page  24,  line  15  [Clause  39],  after ‘functioning’, insert ‘or D’s developmental

 

immaturity’.


 
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