Previous Section Back to Table of Contents Lords Hansard Home Page


Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 8 and 9 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 8 and 9.--(Baroness Blatch.)

Lord McIntosh of Haringey: My Lords, for the convenience of the House, I note that the Minister did not refer to the original amendment. We have no objection at all to her continuing not to do so throughout these proceedings.

On Question, Motion agreed to.

26 Jun 1996 : Column 956

COMMONS AMENDMENT

10

Page 4, line 4, after 'the' insert 'court and the'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 10. I should like to speak also to Amendments Nos. 12, 14, 15, 19, 20, 24, 28, 29, 35 and 36.

Amendments Nos. 10 and 12 provide that when a defence statement is given to the prosecutor under Clauses 5 or 6, it must also be given to the court. The reason for these amendments is that the court will need to have a copy of the defence statement before it can decide under Clause 10 whether an inference should be drawn from a failure in defence disclosure. All the other amendments are consequential.

Moved, That the House do agree with the Commons in their Amendment No. 10.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

11

Page 4, line 25, leave out from 'during' to end of line 27 and insert 'the period which, by virtue of section (Time limits), is the relevant period for this section'.


12

Clause 6, page 4, line 31, leave out 'accused may give a defence statement to the prosecutor; and subsections' and insert 'accused--


(a) may give a defence statement to the prosecutor, and
(b) if he does so, must also give such a statement to the court.
(2A) Subsections'.
13

Page 4, line 35, leave out from 'during' to end of line 36 and insert 'the period which, by virtue of section (Time limits), is the relevant period for this section'.


14

Clause 7, page 4, line 38, leave out 'to the prosecutor'.


15

Page 4, line 43, leave out 'to the prosecutor'.


16

Page 5, line 4, after 'possession' insert 'and came into his possession in connection with the case for the prosecution against the accused'.


17

Page 5, line 5, leave out paragraph (b) and insert--


'(b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.'
18

Page 5, line 18, leave out from 'during' to end of line 20 and insert 'the period which, by virtue of section (Time limits), is the relevant period for this section'.


19

Clause 8, page 5, line 22, leave out 'to the prosecutor'.


20

Page 5, line 27, leave out 'to the prosecutor'.


21

Page 5, line 32, after 'possession' insert 'and came into his possession in connection with the case for the prosecution against the accused'.


22

Page 5, line 33, leave out paragraph (b) and insert--


'(b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.'
23

Page 5, line 38, at end insert 'in connection with the case for the prosecution against the accused'.


24

Clause 9, page 6, line 26, leave out 'to the prosecutor'.


25

Page 6, line 32, after 'possession' insert 'and came into his possession in connection with the case for the prosecution against the accused'.


26

Page 6, line 33, leave out paragraph (b) and insert--


'(b) which, in pursuance of a code operative under Part II, he has inspected in connection with the case for the prosecution against the accused.'

26 Jun 1996 : Column 957


27

After Clause 9, insert the following new clause--

Prosecutor's failure to observe time limits

'.--(1) This section applies if the prosecutor--
(a) purports to act under section 3 after the end of the period which, by virtue of section (Time limits), is the relevant period for section 3, or
(b) purports to act under section 7 after the end of the period which, by virtue of section (Time limits), is the relevant period for section 7.
(2) Subject to subsection (3), the failure to act during the period concerned does not on its own constitute grounds for staying the proceedings for abuse of process.
(3) Subsection (2) does not prevent the failure constituting such grounds if it involves such delay by the prosecutor that the accused is denied a fair trial.'
28

Page 7, line 4, leave out 'the prosecutor'.


29

Page 7, line 5, leave out 'the prosecutor'.


30

Page 7, line 6, leave out 'mentioned in section 5(7)' and insert 'which, by virtue of section (Time limits), is the relevant period for section 5'.


31

Page 7, line 7, leave out 'that section' and insert 'section 5'.


32

Page 7, line 10, leave out 'that section' and insert 'section 5'.


33

Page 7, line 13, leave out 'that section' and insert 'section 5'.


34

Page 7, line 15, leave out 'that section' and insert 'section 5'.


35

Page 7, line 19, leave out 'to the prosecutor'.


36

Page 7, line 20, leave out 'the prosecutor'.


37

Page 7, leave out line 21 and insert 'which, by virtue of section (Time limits), is the relevant period for section 6'.


38

After Clause 10, insert the following new clause--

Time limits

'.--(1) This section has effect for the purpose of determining the relevant period for sections 3, 5, 6 and 7.
(2) Subject to subsection (3), the relevant period is a period beginning and ending with such days as the Secretary of State prescribes by regulations for the purposes of the section concerned.
(3) The regulations may do one or more of the following--
(a) provide that the relevant period for any section shall if the court so orders be extended (or further extended) by so many days as the court specifies;
(b) provide that the court may only make such an order if an application is made by a prescribed person and if any other prescribed conditions are fulfilled;
(c) provide that an application may only be made if prescribed conditions are fulfilled;
(d) provide that the number of days by which a period may be extended shall be entirely at the court's discretion;
(e) provide that the number of days by which a period may be extended shall not exceed a prescribed number;
(f) provide that there shall be no limit on the number of applications that may be made to extend a period;
(g) provide that no more than a prescribed number of applications may be made to extend a period;
and references to the relevant period for a section shall be construed accordingly.
(4) Conditions mentioned in subsection (3) may be framed by reference to such factors as the Secretary of State thinks fit.
(5) Without prejudice to the generality of subsection (4), so far as the relevant period for section 3 or 7 is concerned--
(a) conditions may be framed by reference to the nature or volume of the material concerned;

26 Jun 1996 : Column 958


(b) the nature of material may be defined by reference to the prosecutor's belief that the question of non-disclosure on grounds of public interest may arise.
(6) In subsection (3) "prescribed" means prescribed by regulations under this section.'
39

Insert the following new clause--

Time limits: transitional

'.--(1) As regards a case in relation to which no regulations under section (Time limits) have come into force for the purposes of section 3, section 3(8) shall have effect as if it read--
"(8) The prosecutor must act under this section as soon as is reasonably practicable after--
(a) the accused pleads not guilty (where this Part applies by virtue of section 1(1)),
(b) the accused is committed for trial (where this Part applies by virtue of section 1(2)(aa)),
(c) the proceedings are transferred (where this Part applies by virtue of section 1(2)(a) or (ab)),
(d) the count is included in the indictment (where this Part applies by virtue of section 1(2)(b)), or
(e) the bill of indictment is preferred (where this Part applies by virtue of section 1(2)(c))."
(2) As regards a case in relation to which no regulations under section (Time limits) have come into force for the purposes of section 7, section 7(7) shall have effect as if it read--
"(7) The prosecutor must act under this section as soon as is reasonably practicable after the accused gives a defence statement under section 5 or 6."'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 11 to 39 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 11 to 39.--(Baroness Blatch.)

On Question, Motion agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page