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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 297, 299-300, 313-15 and 343-45 |
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| Coroners and Justice Bill, As Amended |
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| Page 23, line 26, leave out Clause 38. |
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| Page 139, line 1, leave out Schedule 9. |
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| Page 26 [Clause 43], leave out line 13 and insert ‘[Partial defence to murder: |
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| justifiable anger] and [Partial defence to murder: fear of serious violence]’. |
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| Page 42 [Clause 72], leave out line 30 and insert— |
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| | ‘(b) | that there would be damage to property serious enough, either in itself or |
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| | cumulatively (taken with other threats to property or to the welfare of |
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| | persons), for a reasonable person with the resources of the witness to be |
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| | intimidated into refusing to give evidence,’. |
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| Page 61, line 37 [Clause 103], at end insert— |
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| | ‘(za) | the relative effectiveness of sentences in preventing re-offending;’. |
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| Page 61 [Clause 103], leave out lines 41 and 42 and insert— |
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| | ‘(d) | the relative cost-effectiveness of different sentences in relation to |
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| | preventing re-offending;’. |
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| Page 62, line 4 [Clause 104], leave out subsections (2) and (3) and insert— |
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| | ‘( ) | The guidelines must state the appropriateness of imposing different types of |
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| | sentence for the offence with reference to characteristics of the offender and to |
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| | characteristics of the offence, including the seriousness of the offence in terms of |
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| | its effects on victims and the impact different sentences would have on victims.’. |
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| Page 98, line 20 [Clause 153], leave out ‘within subsection (2)’. |
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| Page 98 [Clause 153], leave out lines 25 to 29. |
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| Page 101, line 12, leave out Clause 154. |
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| Page 33 [Clause 57], leave out lines 30 and 31. |
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| Page 34 [Clause 57], leave out lines 3 and 4. |
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| | Guidance on offences that involve hatred on grounds of sexual orientation |
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| To move the following Clause:— |
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| | ‘(1) | The Director of Public Prosecutions, in consultation with the Attorney General, |
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| | must issue guidance to prosecutors explaining the operation of the offences under |
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| | Part 3A of the Public Order Act 1986 (c. 64) that involve hatred on the grounds |
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| | (2) | Chief constables must ensure that the contents of the guidance to prosecutors |
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| | issued under subsection (1) are made known, in an appropriate form, to officers |
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| | (3) | When considering whether to consent to a prosecution for an offence falling |
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| | within subsection (1), the Attorney General must have particular regard to— |
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| | (a) | guidance issued under subsection (1), and |
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| | (b) | the importance of the rights to freedom of expression, freedom of |
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| | thought, conscience and religion, respect for private and family life and |
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| | freedom of assembly and association provided by the European |
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| | Convention on Human Rights.’. |
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| | Special counsel in proceedings concerning witness anonymity orders |
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| To move the following Clause:— |
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| | ‘(1) | On any application for a witness anonymity order, the court must consider |
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| | whether the appointment of special counsel to assist the court in deciding whether |
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| | to grant the order would contribute significantly to the fairness of the |
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| | proceedings, and must apply to the Attorney General for the appointment of such |
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| | counsel if it decides that such an appointment would so contribute. |
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| | (2) | No witness anonymity order may be granted where the court has applied to the |
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| | Attorney General for the appointment of special counsel under subsection (1) |
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| | until the Attorney General makes such an appointment, and if the Attorney |
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| | General refuses to appoint special counsel on such an application by the court, the |
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| | application for the witness anonymity order shall be refused forthwith.’. |
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| | Effect of order on disclosure obligations |
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| To move the following Clause:— |
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| | ‘A witness anonymity order takes precedence over any obligation of a prosecutor |
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| | to disclose material to the defence, and, accordingly, no such obligation shall |
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| | require a prosecutor to reveal the identity of the witness or information that might |
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| | enable the witness to be identified.’. |
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| Page 141, line 18 [Schedule 9], leave out from beginning to end of line 23 on page |
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| Page 23, line 28 [Clause 38], leave out ‘and in sections 11 and 12’. |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may apply to the High Court for a certificate ordering that |
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| | an inquest be held in camera. |
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| | (2) | The Secretary of State may only apply for a certificate if he is satisfied that it |
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| | would be necessary to prevent material or information being disclosed whose |
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| | disclosure would be seriously detrimental to national security. |
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| | (3) | The court may only grant the certificate if it is satisfied— |
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| | (a) | that granting the certificate is necessary to prevent material or |
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| | information being disclosed whose disclosure would be seriously |
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| | detrimental to national security; and |
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| | (b) | that other measures short of granting a certificate would not be adequate |
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| | to prevent such disclosure. |
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| | (4) | Where the court grants a certificate, the following provisions apply— |
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| | (a) | the Lord Chief Justice may appoint a judge of the High Court to act as |
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| | coroner for the case, and a judge so appointed shall have the same |
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| | functions and powers in relation to the body and the investigation as |
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| | would be the case if he or she were the senior coroner in whose area the |
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| | (b) | the jury may be subject to checking in accordance with the Attorney |
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| | General’s Guidelines on Jury Checks. |
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| | (5) | The Attorney General must, on the coming of this section into force, consider |
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| | revising the Guidelines on Jury Checks to meet the particular requirements of |
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| | (6) | If a jury has already been summoned when a certificate is issued, that jury must |
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| | be discharged and a new jury summoned. |
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| | (7) | The powers of coroners to protect the identity of witnesses shall apply to inquests |
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| | in camera to the same extent that they apply to other inquests. |
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| | (8) | The certificate may require that part of the inquest be held in camera and part in |
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| | public, and the court must only issue a certificate requiring the whole of an |
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| | inquest to be held in camera if the disclosure of material or information whose |
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| | disclosure would be seriously detrimental to national security cannot be |
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| | prevented in any other way. |
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| | (9) | Where a certificate has been issued under this section, the coroner or judge may |
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| | at any time, taking into account any other measures that the coroner or judge may |
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| | have taken, including measures to protect the identity of witnesses, admit to the |
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| | proceedings any interested person he may specify, provided that he is satisfied |
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| | that doing so will not lead to material or information being disclosed whose |
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| | disclosure would be seriously detrimental to national security. |
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| | (10) | Where a decision made by a judge conducting an investigation by virtue of this |
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| | section gives rise to an appeal under section 30, and the Lord Chief Justice has |
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| | exercised the power in subsection (4)(a), that section has effect as if references in |
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| | it to the Chief Coroner were references to a judge of the Court of Appeal |
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| | nominated by the Lord Chief Justice. |
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| | (11) | A reference in this section or section [Discontinuance or variance of certificate |
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| | for inquest in camera] to conducting an investigation, in the case of an |
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| | investigation that has already begun, is to be read as a reference to continuing to |
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| | Discontinuation or variance of certificate for inquest in camera |
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| To move the following Clause:— |
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| | ‘(1) | A certificate under section [Inquests in camera] has effect in relation to an |
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| | investigation until it is discontinued or varied. |
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| | (2) | A certification may (but need not) be discontinued or varied by the Lord Chief |
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| | Justice at any time on application from the Secretary of State, the investigating |
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| | coroner or judge of the High Court, or any interested person. |
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| | (3) | Where a certificate has been discontinued or varied, and a jury has been |
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| | summoned, the inquest is to continue with the same jury.’. |
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| Page 2, line 18, leave out Clause 13. |
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| To move the following Clause:— |
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| | ‘(1) | Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) (exclusion |
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| | of matter from legal proceedings: exceptions) is amended as follows. |
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| | (2) | In subsection (7), after paragraph (c) insert— |
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| | “(d) | a disclosure to an inquest for which a relevant certificate exists under |
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| | section [Inquests in camera], and where the coroner or judge is satisfied |
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| | that the exceptional circumstances of the case make the disclosure |
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| | essential to enable the matters that are required to be ascertained by the |
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| | investigation to be ascertained.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
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| | as not guilty of murder, but liable instead to be convicted of manslaughter, if D |
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| | was unaware that his conduct involved a serious risk that another person might |
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| | die as a result of that conduct. |
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| | (2) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
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| | as guilty of murder where D intended to cause serious injury to another person or |
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| | persons and was aware that there was a serious risk that another person might die |
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| | as a result of D’s conduct.’. |
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| Page 89, line 3 [Clause 140], at end insert ‘, but A is not to be regarded as securing |
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| a benefit for B merely by supplying B without payment with information which B |
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| incorporates in a publication for sale or in any other medium from which B derives |
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| | Partial defence to murder: excessive force in self-defence |
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| To move the following Clause:— |
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| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), and a |
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| | defence of self-defence, whether at common law or under section 3(1) of the |
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| | Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law (Northern |
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| | Ireland) Act 1967 (c. 18 (N.I.)), falls to be considered, D is not to be convicted of |
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| | murder if the defence of self-defence fails solely because the force D employed |
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| | (2) | A person who, but for this section, would be liable to be convicted of murder is |
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| | liable instead to be convicted of manslaughter. |
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| | (3) | The fact that one party to a killing is by virtue of this section not liable to be |
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| | convicted of murder does not affect the question of whether the killing amounted |
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| | to murder in the case of any other party to it.’. |
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| Page 24, line 4 [Clause 39], after ‘functioning’, insert ‘or developmental |
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| Page 24 [Clause 39], leave out line 5. |
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| Page 24 [Clause 39], leave out lines 14 to 16. |
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| Page 24, line 26 [Clause 40], after ‘functioning’, insert ‘or developmental |
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| Page 24 [Clause 40], leave out line 27. |
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| Page 24 [Clause 40], leave out lines 36 to 38. |
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| Page 24, line 9 [Clause 39], at end insert— |
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| | ‘(1ZA) | A person (“D”) who kills or is party to the killing of another is not to be convicted |
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| | of murder if D was under the age of eighteen and his developmental immaturity— |
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| | (a) | substantially impaired D’s ability to do one or more of the things |
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| | mentioned in subsection (1A), and |
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| | (b) | provides an explanation for D’s acts and omissions in doing or being a |
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| Page 24, line 14 [Clause 39], after ‘(1)(c)’, insert ‘, and subsection (1ZA)(b)’. |
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| Page 24, line 15 [Clause 39], after ‘functioning’, insert ‘or D’s developmental |
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