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Coroners and Justice Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fourth Marshalled List]


 

Clause 53

 

BARONESS O'CATHAIN

 Baroness O'Cathain gives notice of her intention to oppose the Question that Clause 53 stand part of the Bill.
 

After Clause 59

 

BARONESS O'CATHAIN

Insert the following new Clause—
  "Possession of extreme pornographic writings
(1)  It is an offence for a person to be in possession of extreme pornographic writing.
(2)  "Extreme pornographic writing" is writing which is both—
(a)  pornographic, and
(b)  extreme writing.
(3)  Writing is "pornographic" if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(4)  Where (as found in the person's possession) the writing forms part of a series of writings, the question whether the writing is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
(a)  the writing itself, and
(b)  (if the series of writings is such as to be capable of providing a context for the writing) the context in which it occurs in the series of writings.
(5)  So, for example, where—
(a)  the writing forms an integral part of a narrative constituted by a series of writings, and
(b)  having regard to those writings as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
 the writing may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
(6)  "Extreme writing" is writing which—
(a)  falls within subsection (7), and
(b)  is grossly offensive, disgusting or otherwise of an obscene character.
(7)  Writing falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
(a)  an act which threatens a person's life,
(b)  an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,
(c)  an act which involves sexual interference with a human corpse, or
(d)  a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
 and a reasonable person looking at the writing would think that any portrayal of such person or animal was realistic.
(8)  In this section "writing" means written words (including but not limited to those published or otherwise available on the internet), books, leaflets or other printed matter.
(9)  In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
(10)  Proceedings for an offence under this section may not be instituted—
(a)  in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
(b)  in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland."
 

Clause 62

 

LORD THOMAS OF GRESFORD

Page 37, line 30, leave out subsection (4)
 

Clause 66

 

LORD THOMAS OF GRESFORD

Page 41, line 5, leave out subsection (8)
Page 41, line 10, at end insert ", and
(c)  would be unwilling or unable to provide such information if the order were not made"
 

Clause 75

 

LORD THOMAS OF GRESFORD

Page 45, line 34, leave out paragraph (b) and insert—
"(b)  in order to avoid compromising the practice of undercover policing or undercover operations by police (or both), law enforcement agencies or the security services, whether in relation to specific operations or generally"
Page 46, line 3, leave out "any reasonable" and insert "whether any"
Page 46, leave out line 6 and insert "was reasonable"
 

After Clause 76

 

LORD THOMAS OF GRESFORD

Insert the following new Clause—
  "Prosecution not to disclose identity of witness to other defendants
  Notwithstanding anything in the Criminal Proceedings and Investigations Act 1996 (c. 25) or any other rule of law about disclosure of material by a prosecutor to the defence, where an order is made following an application under section 74(3) in a case in which there is more than one defendant, the prosecutor shall not disclose to the other defendants the identity of the witness covered by the order or any information that might enable the witness to be identified."
Insert the following new Clause—
  "Independent counsel
(1)  For the purposes of considering an application for a witness anonymity order, the court may appoint an independent counsel to assist the court.
(2)  In deciding whether to grant the order, the court shall consider whether the appointment of an independent counsel would contribute significantly to the fairness of the proceedings; and if the court decides not to appoint an independent counsel the court must give reasons.
(3)  The court may direct the independent counsel to scrutinise on the court's behalf any relevant matter the court thinks fit, and to carry out any instruction the court thinks fit.
(4)  The party applying for the witness anonymity order must disclose to the independent counsel all information relating to the proceedings that is in that party's possession.
(5)  The independent counsel shall have power to require police officers unconnected with the relevant trial to investigate and to report to him whether there are any matters relevant to the considerations set out in section 76(2)(d) and (e) which should be drawn to the attention of the court.
(6)  The independent counsel shall be entitled to examine witnesses in the absence of a prosecutor, or in the absence of a defendant and his legal representative.
(7)  The independent counsel shall assist the court in its consideration of Conditions A to C in section 75."
 

Clause 84

 

LORD THOMAS OF GRESFORD

Page 49, line 15, leave out "magistrates' court" and insert "youth court where the case is one in which, were the defendant an adult, the defendant would have been tried in the Crown Court,"
 

Clause 86

 

LORD THOMAS OF GRESFORD

Page 50, leave out line 33
 Lord Thomas of Gresford gives notice of his intention to oppose the Question that Clause 86 stand part of the Bill.
 

Clause 87

 

LORD THOMAS OF GRESFORD

 Lord Thomas of Gresford gives notice of his intention to oppose the Question that Clause 87 stand part of the Bill.
 

Clause 91

 

LORD THOMAS OF GRESFORD

Page 54, line 14, at end insert—
"(   )  The court may give a direction under subsection (3) if, and only if, it has made a determination that the defendant is fit to plead."
 

Clause 93

 

LORD THOMAS OF GRESFORD

 Lord Thomas of Gresford gives notice of his intention to oppose the Question that Clause 93 stand part of the Bill.
 

Clause 98

 

LORD THOMAS OF GRESFORD

 Lord Thomas of Gresford gives notice of his intention to oppose the Question that Clause 98 stand part of the Bill.
 

Clause 101

 

LORD THOMAS OF GRESFORD

Page 62, line 9, leave out subsection (2)
 

Clause 102

 

LORD THOMAS OF GRESFORD

Page 62, line 33, leave out from first "day" to end of line 34 and insert "upon which the person is charged with murder"
Page 62, line 36, at beginning insert "immediately"
Page 63, line 3, leave out subsection (7)
 

Schedule 13

 

BARONESS LINKLATER OF BUTTERSTONE

Page 149, line 24, at end insert—
"(c)  4 members put forward by the registered leader of a party with 2 or more Members of the House of Commons at the time of the person's appointment, 3 of whom shall be put forward by the registered leader of 1 of the 3 largest nominating parties at the time of the person's appointment, and appointed by the Lord Chief Justice and the Lord Chancellor"

 
 
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3 July 2009