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Lord Mackay of Drumadoon moved Amendments Nos. 124 to 141:


Page 37, line 22, at end insert--
("( ) paragraph 7 of the Schedule to the War Crimes Act 1991; or").
Page 37, leave out lines 27 to 37 and insert--
(""(1) This Part applies where a person is charged with an offence, the court proceeds to deal summarily with the charge and that person pleads not guilty.
(2) This Part also applies where--
(a) a person is charged with an indictable offence and--
(i) he is committed for trial on the charge concerned; or
(ii) a notice of transfer relating to the charge is given to the court;
(b) a count charging a person with a summary offence is included in an indictment under the authority of Article 193A of the Road Traffic (Northern Ireland) Order 1981 (offences relating to drink or drugs), or
(c) an indictment charging a person with an indictable offence is presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.
(2A) In subsection (2)--
"indictable offence" means an offence which is triable on indictment, whether it is exclusively so triable or not;
"summary offence" has the same meaning as in Article 193A of the Road Traffic (Northern Ireland) Order 1981."").
Page 37, line 46, at end insert ("paragraph 10 of the Schedule to the War Crimes Act 1991 or").

5 Feb 1996 : Column 106


Page 37, line 48, at end insert ("or
(c) section 1(2)(c) applies and the prosecutor has served on the accused a copy of the set of documents containing the evidence which is the basis of the charge.").
Page 38, leave out lines 11 to 13.
Page 38, leave out lines 21 to 23 and insert--
("8. In section 14(3) for paragraphs (b) to (d) substitute--
"(b) the accused is committed for trial or the notice of transfer is given (where this Part applies by virtue of section 1(2)(a)),
(c) the count is included in the indictment (where this Part applies by virtue of section 1(2)(b)), or
(d) the indictment is presented (where this Part applies by virtue of section 1(2)(c))".").
Page 38, line 26, leave out from first ("a") to ("takes") in line 27 and insert ("hearing is a pre-trial hearing if it relates to a trial on indictment and it").
Page 38, line 30, at end insert--
("(1A) For the purposes of this Part a hearing is also a pre-trial hearing if--
(a) it relates to a trial on indictment to be held in pursuance of an indictment presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, and
(b) it takes place after the indictment has been presented and before the start of the trial.").
Page 39, leave out lines 2 to 4 and insert--
("12. In section 44(6) omit paragraph (b) and in paragraph (c) for "section 1 of the Perjury Act 1911" substitute "Article 3 of the Perjury (Northern Ireland) Order 1979".").
Page 39, leave out lines 17 to 19 and insert--
("15.--(1) In section 48(1) omit paragraph (b) and the word "or" immediately before it.
(2) In section 48(11) omit paragraph (b).
15A. In section (Restriction on reporting of assertions)(1) for "Great Britain" where it twice occurs substitute "Northern Ireland".").
Page 39, line 19, at end insert--
(". In section (Television links and video recordings) for subsections (1) and (2) substitute--
"(1) In Article 81 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (evidence through television links) the following paragraphs shall be inserted after paragraph (3)--
"(3A) Where the court gives leave under paragraph (2) for a witness falling within paragraph (1)(b)(ii) to give evidence through a live television link, then, subject to paragraph (3B), the witness concerned may not give evidence otherwise than through a live television link.
(3B) In a case falling within paragraph (3A) the court may give permission for the witness to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission.
(3C) Permission may be given under paragraph (3B)--
(a) on an application by a party to the case, or
(b) of the court's own motion;
but no application may be made under sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2)."
(2) In Article 81A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (video recordings of testimony from child witnesses) the following paragraphs shall be inserted after paragraph (6)--

5 Feb 1996 : Column 107


"(6A) Where the court gives leave under paragraph (2) the child witness shall not give relevant evidence (within the meaning given by paragraph (6D)) otherwise than by means of the video recording; but this is subject to paragraph (6B).
(6B) In a case falling within paragraph (6A) the court may give permission for the child witness to give relevant evidence (within the meaning given by paragraph (6D)) otherwise than by means of the video recording if it appears to the court to be in the interests of justice to give such permission.
(6C) Permission may be given under paragraph (6B)--
(a) on an application by a party to the case, or
(b) of the court's own motion;
but no application may be made under sub-paragraph (a) unless there has been a material change of circumstances since the leave was given under paragraph (2).
(6D) For the purposes of paragraphs (6A) and (6B) evidence is relevant evidence if--
(a) it is evidence in chief on behalf of the party who tendered the video recording, and
(b) it relates to matter which, in the opinion of the court, is dealt with in the recording and which the court has not directed to be excluded under paragraph (3)."."").
Page 39, line 19, at end insert--
(".--(1) In section (Alibi) for subsection (1) substitute--
"(1) The Evidence of Alibi Act (Northern Ireland) 1972 shall cease to have effect."
(2) In section (Alibi) omit subsections (2) and (3).
(3) In section (Alibi) for subsection (4) substitute--
"(4) In Article 8(6) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (disclosure in cases involving fraud) in sub-paragraph (a) for the words "section 1 of the Evidence of Alibi Act (Northern Ireland) 1972" there shall be substituted the words "section 5(5) of the Criminal Procedure and Investigations Act 1996".").
Page 39, leave out line 20 and insert--
("16. In section 52(1) for "sections 42(3) and 44(7)" substitute "section 44(7)".").
Page 39, line 21, at end insert--
("17A. For Schedule (Fraud) substitute--
"SCHEDULE
FRAUD
Introduction
1. The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 shall be amended as provided by this Schedule.
Notice of transfer
2. In Article 3 (transfer of certain fraud cases to the Crown Court) in paragraph (1)(b)(ii) for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".
Preparatory hearings
3.--(1) Article 6 (power to order preparatory hearing) shall be amended as follows.
(2) In paragraph (1) for the words "seriousness and complexity" there shall be substituted the words "seriousness or complexity".
(3) Paragraphs (3) to (5) (power to make order that could be made at the hearing) shall be omitted.
4.--(1) Article 8 (the preparatory hearing) shall be amended as follows.
(2) In paragraph (7) (warning of possible consequence under Article 9(1)) the word "(1)" shall be omitted.
(3) In paragraph (10) for the words "at or for the purposes of a preparatory hearing" there shall be substituted "under this Article".
5. The following Article shall be inserted after Article 8--

5 Feb 1996 : Column 108


"Orders before preparatory hearing
8A.--(1) Paragraph (2) applies where--
(a) a judge orders a preparatory hearing, and
(b) he decides that any order which could be made under Article 8(4) or (5) at the hearing should be made before the hearing.
(2) In such a case--
(a) he may make any such order before the hearing (or at the hearing), and
(b) paragraphs (4) to (10) of Article 8 shall apply accordingly."
6. The following Article shall be substituted for Article 9 (later stages of trial)--
"Later stages of trial
9.--(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under Article 8.
(2) Where--
(a) a party departs from the case he disclosed in pursuance of a requirement imposed under Article 8, or
(b) a party fails to comply with such a requirement,
the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury may draw such inference as appears proper.
(3) In deciding whether to give leave the judge shall have regard--
(a) to the extent of the departure or failure, and
(b) to whether there was any justification for it.
(4) Except as provided by this Article no part--
(a) of a statement given under Article 8(5), or
(b) of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under Article 8,
may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned."
Reporting restrictions
7. The following Articles shall be substituted for Article 10 (reporting restrictions)--
"Restrictions on reporting
10.--(1) Except as provided by this Article--
(a) no written report of proceedings falling within paragraph (2) shall be published in Northern Ireland;
(b) no report of proceedings falling within paragraph (2) shall be included in a relevant programme for reception in Northern Ireland.
(2) The following proceedings fall within this paragraph--
(a) an application under Article 5(1);
(b) a preparatory hearing;
(c) an application for leave to appeal in relation to such a hearing;
(d) an appeal in relation to such a hearing.
(3) The judge dealing with an application under Article 5(1) may order that paragraph (1) shall not apply, or shall not apply to a specified extent, to a report of the application.
(4) The judge dealing with a preparatory hearing may order that paragraph (1) shall not apply, or shall not apply to a specified extent, to a report of--
(a) the preparatory hearing, or
(b) an application to the judge for leave to appeal to the Court of Appeal under Article 8(11) in relation to the preparatory hearing.

5 Feb 1996 : Column 109


(5) The Court of Appeal may order that paragraph (1) shall not apply, or shall not apply to a specified extent, to a report of--
(a) an appeal to the Court of Appeal under Article 8(11) in relation to a preparatory hearing,
(b) an application to that Court for leave to appeal to it under Article 8(11) in relation to a preparatory hearing, or
(c) an application to that Court for leave to appeal to the House of Lords under Part II of the Criminal Appeal (Northern Ireland) Act 1980 in relation to a preparatory hearing.
(6) The House of Lords may order that paragraph (1) shall not apply, or shall not apply to a specified extent, to a report of--
(a) an appeal to that House under Part II of the Criminal Appeal (Northern Ireland) Act 1980 in relation to a preparatory hearing, or
(b) an application to that House for leave to appeal to it under Part II of the Criminal Appeal (Northern Ireland) Act 1980 in relation to a preparatory hearing.
(7) Where there is only one accused and he objects to the making of an order under paragraph (3), (4), (5) or (6) the judge or the Court of Appeal or the House of Lords shall make the order if (and only if) satisfied after hearing the representations of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.
(8) Where there are two or more accused and one or more of them objects to the making of an order under paragraph (3), (4), (5) or (6) the judge or the Court of Appeal or the House of Lords shall make the order if (and only if) satisfied after hearing the representations of each of the accused that it is in the interests of justice to do so; and if the order is made it shall not apply to the extent that a report deals with any such objection or representations.
(9) Paragraph (1) does not apply to--
(a) the publication of a report of an application under Article 5(1), or
(b) the inclusion in a relevant programme of a report of an application under Article 5(1),
where the application is successful.
(10) Where--
(a) two or more persons are jointly charged, and
(b) applications under Article 5(1) are made by more than one of them,
paragraph (9) shall have effect as if for the words "the application is" there were substituted "all the applications are".
(11) Paragraph (1) does not apply to--
(a) the publication of a report of an unsuccessful application made under Article 5(1),
(b) the publication of a report of a preparatory hearing,
(c) the publication of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,
(d) the inclusion in a relevant programme of a report of an unsuccessful application made under Article 5(1),
(e) the inclusion in a relevant programme of a report of a preparatory hearing, or
(f) the inclusion in a relevant programme of a report of an appeal in relation to a preparatory hearing or of an application for leave to appeal in relation to such a hearing,
at the conclusion of the trial of the accused or of the last of the accused to be tried.
(12) Paragraph (1) does not apply to a report which contains only one or more of the following matters--
(a) the identity of the court and the name of the judge;
(b) the names, ages, home addresses and occupations of the accused and witnesses;

5 Feb 1996 : Column 110

(c) any relevant business information;
(d) the offence or offences, or a summary of them, with which the accused is or are charged;
(e) the names of counsel and solicitors in the proceedings;
(f) where the proceedings are adjourned, the date and place to which they are adjourned;
(g) any arrangements as to bail;
(h) whether legal aid was granted to the accused or any of the accused.
(13) The addresses that may be published or included in a relevant programme under paragraph (12) are addresses--
(a) at any relevant time, and
(b) at the time of their publication or inclusion in a relevant programme;
and "relevant time" here means a time when events giving rise to the charges to which the proceedings relate occurred.
(14) The following is relevant business information for the purposes of paragraph (12)--
(a) any address used by the accused for carrying on a business on his own account;
(b) the name of any business which he was carrying on on his own account at any relevant time;
(c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;
(d) the address of any such firm;
(e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;
(f) the address of the registered or principal office of any such company;
(g) any working address of the accused in his capacity as a person engaged by any such company;
and here "engaged" means engaged under a contract of service or a contract for services, and "relevant time" has the same meaning as in paragraph (13).
(15) Nothing in this Article affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.
(16) In this Article--
(a) "publish", in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;
(b) expressions cognate with "publish" shall be construed accordingly;
(c) "relevant programme" means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.
Offences in connection with reporting
10A.--(1) If a report is published or included in a relevant programme in contravention of Article 10 each of the following persons is guilty of an offence--
(a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

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(2) A person guilty of an offence under this Article is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
(3) Proceedings for an offence under this Article shall not be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.
(4) Paragraph (16) of Article 10 applies for the purposes of this Article as it applies for the purposes of that."
General
8.--(1) This Schedule applies in relation to an offence if--
(a) the accused is committed for trial on the charge concerned, or proceedings for the trial on the charge concerned are transferred to the Crown Court, on or after the appointed day, or
(b) an indictment relating to the offence is presented on or after the appointed day under the authority of section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969.
(2) References in this paragraph to the appointed day are to such day as is appointed for the purposes of this Schedule by the Secretary of State by order.").
Page 39, line 24, at end insert--
(" 1. ALIBI ").
Page 39, line 35, at end insert--
("1995 NI 3.The Children's Evidence (Northern Ireland) Order 1995.In Schedule 2, paragraph 6.").

Page 39, line 36, leave out ("1(3)") and insert ("(Alibi)").
Page 39, line 36, at end insert--
(" 2. FRAUD
Chapter or numberShort titleExtent of repeal
1988 NI 16.The Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988.Article 6(3) to (5). In Article 8(7) the word "(1)".
1990 c. 42.The Broadcasting Act 1990.In Schedule 20, paragraph 50.

These repeals have effect in accordance with Schedule (Fraud) to this Act.").

The noble and learned Lord said: My Lords, all these amendments concern the application of the Bill to Northern Ireland. They amend Schedule 2, which in turn modifies the way the Bill operates in relation to Northern Ireland, taking account of the different statutory framework there. For the most part, the amendments correspond entirely in their purpose to those already approved by your Lordships' House in respect of England and Wales. Unless your Lordships wish to raise particular points, I do not wish to detain the House by seeking to explain them in detail.

However, I should draw attention to paragraphs 2 and 3(2) of the schedule relating to fraud in Northern Ireland. It is proposed to substitute this for the schedule

5 Feb 1996 : Column 112

that your Lordships have already approved in respect of England and Wales. It is largely to the same effect, but it also widens the scope of the provisions on notices of transfer and preparatory hearings by permitting them to be held in any case of fraud of sufficient seriousness or complexity. The criterion at present is "seriousness and complexity". Similar amendments, which follow a recommendation of the Royal Commission on Criminal Justice, have already been made in the England and Wales provisions of the Criminal Justice and Public Order Act 1994. I beg to move.

On Question, amendments agreed to.

Schedule 3 [Repeals]:


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