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| Page 5, line 40 [Clause 10], at end insert— |
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| | ‘(3A) | Subsection (2) shall not affect the duty on the coroner to conduct an investigation |
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| | which meets the requirements of section 5.’. |
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| Page 4, line 31 [Clause 7], at end insert ‘or |
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| | (d) | that the death occurred in circumstances the continuance or possible |
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| | recurrence of which is prejudicial to the health or safety of the public or |
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| | any section of the public.’. |
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| Page 4, line 41 [Clause 8], leave out ‘six, seven, eight or nine’ and insert ‘not less |
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| than seven nor more than eleven’. |
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| Page 5, line 17 [Clause 9], leave out paragraph (a) and insert— |
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| | ‘(a) | the minority consists of not more than two, and’. |
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| | Review of access to legal aid in inquests |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall, within one year after the date on which this Act |
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| | receives Royal Assent, lay before both Houses of Parliament a report on access |
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| | to legal aid and other funding for bereaved families in relation to inquests. |
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| | (2) | The report under subsection (1) shall be prepared by a person appointed by the |
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| | Secretary of State following consultation with— |
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| | (a) | the Lord Chief Justice; and |
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| | (b) | such other person as the Secretary of State shall consider appropriate to |
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| Page 42, line 5 [Clause 71], at end insert— |
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| | ‘(7A) | The court has the power to appoint special counsel to represent the interests of the |
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| | defendant in his or her absence, if it appears to the court to be appropriate to do |
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| | so in circumstances of the case.’. |
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| Page 37, line 40 [Clause 63], at end insert— |
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| | ‘(8A) | The condition in this subsection is that the Director of Public Prosecutions has |
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| | given his consent to the application.’. |
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| | Abolition of offence of criminal libel |
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| To move the following Clause:— |
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| | ‘(1) | The offence of criminal libel under the common law of England and Wales is |
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| | (2) | In the Libel Act 1843 (6 & 7 Vict. c. 96) sections 4 (publications of libel known |
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| | to be false), 5 (publication of libel) and 6 (plea of truth of matters charged or of |
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| | (3) | In the Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c. 60) section |
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| | 4 (inquiry by court of summary jurisdiction as to libel being for public benefit or |
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| | (4) | In the Law of Libel Amendment Act 1888 (51 & 52 Vict. c. 64) section 8 (order |
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| | of judge required for prosecution of newspaper proprietor, etc) is omitted.’. |
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| Page 36, line 4 [Clause 61], at end insert— |
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| | ‘( ) | A person who discloses such information as regards another person as is |
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| | described in subsection (1) may not rely on subsection (8) in a case where— |
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| | (a) | it might have been determined that the person was required or permitted |
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| | to withhold the information (whether on grounds of public interest |
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| | immunity or on other grounds), but |
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| | (b) | the person disclosed the information without there having been a |
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| | determination as to whether the person was required or permitted to |
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| | withhold the information. |
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| | | Disclosure for the purposes of seeking such a determination is not a contravention |
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| | of an investigation anonymity order.’. |
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| Page 62, line 2 [Clause 104], leave out subsections (1) to (4) and insert— |
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| | ‘(1) | This section applies to sentencing guidelines relating to a particular offence. |
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| | (2) | The guidelines must, if the Council considers it appropriate given the nature of |
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| | the offence, describe, by reference to one or both of the factors mentioned in |
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| | subsection (3), different categories of case involving the commission of the |
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| | offence which illustrate (in so far as it is possible to do so by reference to those |
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| | factors only) the varying degrees of seriousness with which the offence may be |
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| | (a) | the offender’s culpability in committing the offence; |
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| | (b) | the harm caused, or intended to be caused or which might foreseeably |
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| | have been caused, by the offence. |
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| | (a) | specify the range of sentences (“the offence range”) which, in the opinion |
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| | of the Council, it may be appropriate for a court to impose on an offender |
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| | convicted of that offence, and |
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| | (b) | if the guidelines describe different categories of case under subsection |
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| | (2), specify for each category the range of sentences within the offence |
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| | range which, in the opinion of the Council, it may be appropriate for a |
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| | court to impose on an offender in a case which falls within the category. |
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| | (4A) | The guidelines must also— |
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| | (a) | specify the sentencing starting point in the offence range, or |
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| | (b) | if the guidelines describe different categories of case under subsection |
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| | (2), specify the sentencing starting point in the offence range for each of |
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| Page 62, line 29 [Clause 104], at end insert ‘or the offender’. |
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| Page 62, line 42 [Clause 104], leave out from ‘within the’ to end of line 43 and |
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| Page 62, line 44 [Clause 104], leave out subsection (8) and insert— |
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| | ‘(8) | The sentencing starting point in the offence range— |
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| | (a) | for a category of case described in the guidelines under subsection (2), is |
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| | the sentence within that range which the Council considers to be the |
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| | appropriate sentence for cases within that category— |
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| | (i) | before taking account of the factors listed in the guidelines under |
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| | (ii) | assuming the offender has pleaded not guilty, and |
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| | (b) | where the guidelines do not describe categories of case under subsection |
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| | (2), is the sentence within that range which the Council considers to be |
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| | the appropriate sentence for the offence— |
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| | (i) | before taking account of the factors listed in the guidelines under |
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| | (ii) | assuming the offender has pleaded not guilty.’. |
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| Page 65, line 19 [Clause 108], leave out ‘Subsection (3) applies’ and insert |
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| ‘Subsections (3) and (3A) apply’. |
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| Page 65, line 27 [Clause 108], leave out paragraphs (a) and (b) and insert— |
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| | ‘(a) | where the offence-specific guidelines describe categories of case under |
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| | section 104(2), to decide which of the categories most resembles P’s case |
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| | in order to identify the sentencing starting point in the offence range, and |
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| | (b) | in all cases, to impose on P in accordance with the offence-specific |
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| | guidelines a sentence which is within the offence range. |
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| | ‘(3A) | In a case where a decision is made under subsection (3)(a), the range of sentences |
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| | specified in the guidelines under section 104(4)(b) for the category concerned is |
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| | to be disregarded when determining whether the court has discharged the duty |
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| | imposed by subsection (1).’. |
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| Page 70, line 40 [Clause 119], at end insert— |
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| | ‘“the offence range” has the meaning given by section 104(4)(a);’. |
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| Page 71, line 11 [Clause 119], at end insert— |
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| | ‘“the sentencing starting point”, in relation to the offence range, has the |
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| | meaning given by section 104(8);’. |
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| Page 131, line 30 [Schedule 4], at end insert— |
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| | ‘(3) | A copy of a report under this paragraph, and of the response to it, must be sent to |
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| Page 182, line 26 [Schedule 18], at end insert— |
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| | ‘4A | In section 67 of that Act (general provision about orders etc under the Act) in |
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| | subsection (5)(a) insert at the appropriate place—
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| Page 182, line 29 [Schedule 18], leave out ‘(except in Part 5A)’. |
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