|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| | 297, 299-300, 313-15, 343-45 and 371-79 |
|
| | |
| | Coroners and Justice Bill, As Amended |
|
| | |
| | | |
| | Page 4, line 30 [Clause 7], at end insert— |
|
| | | ‘(ba) | that the death resulted from the act or omission of any member of the |
|
| | | armed services in the purported execution of his or her duty in |
|
| | | circumstances where the death occurred in any part of the United |
|
| | | |
| | |
| | | |
| | Page 4, line 31 [Clause 7], at end insert ‘, or |
|
| | | (d) | the death occurred in circumstances the continuance or possible |
|
| | | recurrrence of which is prejudicial to the health or safety or any person |
|
| | | or of any section of the public’. |
|
| | |
| | | |
| | Page 6, line 4 [Clause 11], leave out ‘of the opinion’ and insert ‘if he is satisfied |
|
| | beyond a reasonable doubt’. |
|
| | |
| | | |
| | Page 6, line 12 [Clause 11], leave out sub-paragraph (ii). |
|
| | |
| | | |
| | Page 6, line 14 [Clause 11], after ‘detecting’, insert ‘serious’. |
|
| | |
| | | |
| | Page 6 [Clause 11], leave out lines 31 to 34 and insert ‘until it has been confirmed by a |
|
| | judge of the High Court.’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 6, line 34 [Clause 11], at end insert— |
|
| | | ‘(5A) | On an application by the Secretary of State for the confirmation of a certification |
|
| | | under subsections (1) and (2), the court may confirm the certification only if it is |
|
| | | satisfied beyond a reasonable doubt that— |
|
| | | (a) | the investigation will concern or involve a matter that should not be made |
|
| | | public for any of the reasons that are set out in subsection (2), and |
|
| | | (b) | that no other measures would be adequate to prevent the matters being |
|
| | | |
| | |
| | | |
| | Page 6, line 16 [Clause 11], leave out paragraph (c). |
|
| | |
| | | |
| | Page 25, line 35 [Clause 42], leave out ‘identified’. |
|
| | |
| | | |
| | Page 25, line 38 [Clause 42], leave out ‘extremely’. |
|
| | |
| | | |
| | Page 25, line 39 [Clause 42], leave out ‘justifiable’. |
|
| | |
| | | |
| | Page 29, line 7 [Clause 49], leave out ‘be in possession of’ and insert ‘create (other |
|
| | than by downloading an image created by another) or to communicate to another’. |
|
| | |
| | | |
| | Page 31, line 22 [Clause 51], after ‘not’, insert ‘knowingly’. |
|
| | |
| | | |
| | Page 41, line 20 [Clause 71], at end insert ‘and must be made as early as is |
|
| | |
| | |
| | | |
| | 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 |
|
| | | |
| | | (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.’. |
|
| | |
| | | |
| | Page 42, line 11 [Clause 72], leave out ‘satisfied’ and insert ‘sure’. |
|
| | |
| | | |
| | Page 42, line 11 [Clause 72], leave out ‘C’ and insert ‘D’. |
|
| | |
| | | |
| | 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 |
|
| | | |
| | |
| | | |
| | Page 42, line 23 [Clause 72], after ‘not’, insert ‘and could not reasonably be |
|
| | |
| | |
| | | |
| | 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.’. |
|
| | |
| | | |
| | Page 42, line 33 [Clause 73], leave out ‘C’ and insert ‘D’. |
|
| | |
| | | |
| | Page 42, line 39 [Clause 73], at end insert— |
|
| | | ‘(aa) | the principle that witness anonymity orders are justified only in |
|
| | | |
| | |
| | | |
| | Page 42, line 39 [Clause 73], at end insert— |
|
| | | ‘(aa) | the gravity of the offence;’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 42, line 42 [Clause 73], at end insert ‘and whether there is other evidence that |
|
| | corroborates the witness’s evidence’. |
|
| | |
| | | |
| | Page 43, line 6 [Clause 73], leave out paragraph (e). |
|
| | |
| | | |
| | 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 |
|
| | | |
| | | (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.’. |
|
| | |
| | | |
| | 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 |
|
| | | |
| | | (a) | to enquire into any matter that may be relevant to any issue as is set out |
|
| | | |
| | | (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.’. |
|
| | |
| | | |
| | Page 57, line 18, leave out Clause 96. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 65, line 17 [Clause 108], leave out from ‘court’ to end of line 18 and insert ‘is |
|
| | of the opinion that it would be unfair to the offender to do so.’. |
|
| | |
| | | |
| | Page 65, line 12 [Clause 108], leave out ‘follow’ and insert ‘take account of’. |
|
| | |
| | | |
| | Page 65, line 15 [Clause 108], leave out ‘follow’ and insert ‘take account of’. |
|
| | |
| | | |
| | Page 67, line 14 [Clause 110], leave out ‘must’ and insert ‘may’. |
|
| | |
| | | |
| | Page 67, line 17 [Clause 110], after ‘places’, insert— |
|
| | | ‘(aa) | the number of places available and unfilled in the prison system at the |
|
| | | date of the assessment,’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 97, line 24 [Clause 153], at end insert— |
|
| | | ‘(1A) | If a data controller has failed to comply with an assessment notice as requires |
|
| | | steps to be taken, the Information Commissioner may certify in writing to the |
|
| | | court that the government department or public authority has failed to comply |
|
| | | |
| | | (1B) | For the purposes of this section, a data controller which, in purported compliance |
|
| | | with an information notice— |
|
| | | (a) | makes a statement which it knows to be false in a material respect, or |
|
| | | (b) | recklessly makes a statement which is false in a material respect, |
|
| | | | is to be taken to have failed to comply with the notice. |
|
| | | (1C) | Where a failure to comply is certified under subsection (13)(a), the court may |
|
| | | inquire into the matter and, after hearing any witness who may be produced |
|
| | | against or on behalf of the public authority, and after hearing any statement that |
|
| | | may be offered in defence, deal with the authority as if it had committed a |
|
| | | |
| | | (1D) | In subsections (1A) to (1C), “the court” means the High Court or, in Scotland, the |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 99, line 19 [Clause 153], at end insert— |
|
| | | ‘(6A) | Non-compliance with any assessment notice will be treated as a contempt of |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 101, line 6 [Clause 153], leave out ‘without the approval of the Secretary of |
|
| | State’ and insert ‘until the case has been approved by a resolution of each House of |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 109 [Clause 155], leave out lines 7 and 8 and insert— |
|
| | | ‘(4) | The code must not be issued by the Commissioner until a statutory instrument |
|
| | | containing the draft code has been approved by a resolution of each House of |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 109, line 10 [Clause 155], after ‘must’, insert ‘not’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 109, line 13 [Clause 155], after ‘is’, insert ‘not’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 109 [Clause 155], leave out lines 21 to 27. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 109, line 30 [Clause 155], after ‘under’, insert ‘annual’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 183, line 1 [Schedule 18], leave out sub-paragraph (2) and insert— |
|
| | | ‘(2) | In subsection (1) for “he may serve” to the end substitute “he may serve the data |
|
| | | controller, or a data processor, with a notice (in this Act referred to as an |
|
| | | ‘information notice’) requiring the data controller, or data processor, to furnish |
|
| | | the Commissioner with specified information relating to the request or to |
|
| | | compliance with the principles.”’. |
|
|
