House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 24 March 2009
156

Coroners and Justice Bill, continued

David Howarth

Jenny Willott

Not called  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.’.

Secretary Jack Straw

Agreed to  144

Page  62,  line  29  [Clause  104],  at end insert ‘or the offender’.

Secretary Jack Straw

Agreed to  145

Page  62,  line  42  [Clause  104],  leave out from first ‘the’ to end of line 43 and insert

‘offence range.’.

Secretary Jack Straw

Agreed to  146

Page  62,  line  44  [Clause  104],  leave out subsection (8) and insert—

‘(8)
The sentencing starting point in the offence range—

(a)
for a category of case described in the guidelines under subsection (2), is

the sentence within that range which the Council considers to be the

appropriate sentence for cases within that category—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty, and

(b)
where the guidelines do not describe categories of case under subsection

(2), is the sentence within that range which the Council considers to be

the appropriate sentence for the offence—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty.’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Negatived on division  43

Page  65,  line  12  [Clause  108],  leave out ‘follow’ and insert ‘have regard to’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  74

Page  65,  line  12  [Clause  108],  leave out ‘follow’ and insert ‘take account of’.

Report Stage Proceedings: 24 March 2009
157

Coroners and Justice Bill, continued

Mr Douglas Hogg

Mr Richard Shepherd

Not called  75

Page  65,  line  15  [Clause  108],  leave out ‘follow’ and insert ‘take account of’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  73

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.’.

Secretary Jack Straw

Agreed to  147

Page  65,  line  19  [Clause  108],  leave out ‘Subsection (3) applies’ and insert

‘Subsections (3) and (3A) apply’.

Secretary Jack Straw

Agreed to  148

Page  65,  line  27  [Clause  108],  leave out paragraphs (a) and (b) and insert—

‘(a)
where the offence-specific guidelines describe categories of case under

section 104(2), to decide which of the categories most resembles P’s case

in order to identify the sentencing starting point in the offence range, and

(b)
in all cases, to impose on P in accordance with the offence-specific

guidelines a sentence which is within the offence range.

‘(3A)
In a case where a decision is made under subsection (3)(a), the range of sentences

specified in the guidelines under section 104(4)(b) for the category concerned is

to be disregarded when determining whether the court has discharged the duty

imposed by subsection (1).’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  76

Page  67,  line  14  [Clause  110],  leave out ‘must’ and insert ‘may’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  77

Page  67,  line  17  [Clause  110],  at end insert—

‘(aa)
the number of places available and unfilled in the prison system at the

date of the assessment,’.

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Not called  44

Page  67,  line  28  [Clause  110],  at end insert—

Report Stage Proceedings: 24 March 2009
158

Coroners and Justice Bill, continued

‘(6)
Whilst the courts may have regard to the availability of correctional resources, for

the avoidance of doubt the courts must not pass a sentence that is wholly

determined by resource assessments which are expressly intended for the

guidance of the Secretary of State in planning for and providing such custodial or

community sentences as he advises Parliament, and it considers, necessary in the

light of such assessments.’.

Mr Neil Gerrard

John McDonnell

Jim Cousins

Dr Ian Gibson

Not called  161

Page  67,  line  28  [Clause  110],  at end insert—

‘(6)
The Secretary of State must monitor any resource assessment published under

this section and must ensure that, so far as reasonably practicable, adequate

resources as determined by the resource assessment are made available for the

implementation of the guidelines.’.

Secretary Jack Straw

Agreed to  149

Page  70,  line  40  [Clause  119],  at end insert—

‘“the offence range” has the meaning given by section 104(4)(a);’.

Secretary Jack Straw

Agreed to  150

Page  71,  line  11  [Clause  119],  at end insert—

‘“the sentencing starting point”, in relation to the offence range, has the

meaning given by section 104(8);’.

Remaining Proceedings on Consideration

Special counsel in proceedings concerning witness anonymity orders

David Howarth

Jenny Willott

Negatived on division  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.

Report Stage Proceedings: 24 March 2009
159

Coroners and Justice Bill, continued

(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

Not called  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

Not called  NC30

To move the following Clause:—

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

follows.

(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

Not called  NC44

To move the following Clause:—

Report Stage Proceedings: 24 March 2009
160

Coroners and Justice Bill, continued

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

“50A
Complaints

(1)
The Commissioner for Victims and Witnesses may receive 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 response 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

Agreed to  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.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  155

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

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  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.’.

Report Stage Proceedings: 24 March 2009
161

Coroners and Justice Bill, continued

Mr Douglas Hogg

Mr Richard Shepherd

Not called  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

Not called  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

Not called  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.’.

Mr Douglas Hogg

Not called  60

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

Mr Douglas Hogg

Not called  61

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

David Howarth

Jenny Willot

Not called  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’.

Report Stage Proceedings: 24 March 2009
162

Coroners and Justice Bill, continued

Mr Douglas Hogg

Not called  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

Not called  63

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

expected to’.

Mr Douglas Hogg

Not called  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

Not called  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

Not called  65

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

Mr Douglas Hogg

Not called  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

Not called  67

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

‘(aa)
the gravity of the offence;’.

Mr Douglas Hogg

Mr Richard Shepherd

Not called  68

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