Previous Section Back to Table of Contents Lords Hansard Home Page


'Statements and depositions
Statements

1.--(1) Sub-paragraph (2) applies if--
(a) a written statement has been admitted in evidence in proceedings before a magistrates' court inquiring into an offence as examining justices,

26 Jun 1996 : Column 990


(b) in those proceedings a person has been committed for trial,
(c) for the purposes of section 5A of the Magistrates' Courts Act 1980 the statement complied with section 5B of that Act prior to the committal for trial,
(d) the statement purports to be signed by a justice of the peace, and
(e) sub-paragraph (3) does not prevent sub-paragraph (2) applying.
(2) Where this sub-paragraph applies the statement may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) does not apply if--
(a) it is proved that the statement was not signed by the justice by whom it purports to have been signed,
(b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or
(c) a party to the proceedings objects to sub-paragraph (2) applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
Depositions

2.--(1) Sub-paragraph (2) applies if--
(a) in pursuance of section 97A of the Magistrates' Courts Act 1980 (summons or warrant to have evidence taken as a deposition etc.) a person has had his evidence taken as a deposition for the purposes of proceedings before a magistrates' court inquiring into an offence as examining justices,
(b) the deposition has been admitted in evidence in those proceedings,
(c) in those proceedings a person has been committed for trial,
(d) for the purposes of section 5A of the Magistrates' Courts Act 1980 the deposition complied with section 5C of that Act prior to the committal for trial,
(e) the deposition purports to be signed by the justice before whom it purports to have been taken, and
(f) sub-paragraph (3) does not prevent sub-paragraph (2) applying.
(2) Where this sub-paragraph applies the deposition may without further proof be read as evidence on the trial of the accused, whether for the offence for which he was committed for trial or for any other offence arising out of the same transaction or set of circumstances.
(3) Sub-paragraph (2) does not apply if--
(a) it is proved that the deposition was not signed by the justice by whom it purports to have been signed,
(b) the court of trial at its discretion orders that sub-paragraph (2) shall not apply, or
(c) a party to the proceedings objects to sub-paragraph (2) applying.
(4) If a party to the proceedings objects to sub-paragraph (2) applying the court of trial may order that the objection shall have no effect if the court considers it to be in the interests of justice so to order.
Signatures

3.--(1) A justice who signs a certificate authenticating one or more relevant statements or depositions shall be treated for the purposes of paragraphs 1 and 2 as signing the statement or deposition or (as the case may be) each of them.

26 Jun 1996 : Column 991


(2) For this purpose--
(a) a relevant statement is a written statement made by a person for the purposes of proceedings before a magistrates' court inquiring into an offence as examining justices;
(b) a relevant deposition is a deposition made in pursuance of section 97A of the Magistrates' Courts Act 1980 for the purposes of such proceedings.
Time limit for objection

4. Without prejudice to section 84 of the Supreme Court Act 1981 (rules of court) the power to make rules under that section includes power to make provision--
(a) requiring an objection under paragraph 1(3)(c) or 2(3)(c) to be made within a period prescribed in the rules;
(b) allowing the court of trial at its discretion to permit such an objection to be made outside any such period.
Retrial

5. In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial) in paragraph 1 for the words from "section 13(3)" to "before the original trial" there shall be substituted "paragraphs 1 and 2 of Schedule (Statements and depositions) to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial".
Repeals

6.--(1) Section 13(3) of the Criminal Justice Act 1925 (which relates to depositions taken before examining justices and is superseded by paragraph 2 above) shall be omitted.
(2) Section 7 of the Criminal Justice Act 1967 (which is superseded by paragraph 3 above) shall be omitted.
Commencement

7. This Schedule shall have effect in accordance with provision made by the Secretary of State by order.'

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 88 to 90.

Moved, That the House do agree with the Commons in their Amendments Nos. 88 to 90.--(Baroness Blatch.)

On Question, Motion agreed to.

[Amendments Nos. 90A to 90F, as amendments to Amendment No. 90, not moved.]

COMMONS AMENDMENTS

91

Schedule 2, page 41, line 42, leave out 'was' and insert 'is'.


92

Page 45, line 16, at end insert--


'(aa) on or after the appointed day the accused is committed for trial for the offence,'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 91 and 92.

Moved, That the House do agree with the Commons in their Amendments Nos. 91 and 92.--(Baroness Blatch.)

On Question, Motion agreed to.

26 Jun 1996 : Column 992

COMMONS AMENDMENTS

93

Schedule 3, page 45, line 41, leave out from 'Reserve' to end of line 47.


94

Page 46, line 6, leave out paragraph (a) and insert--


'(aa) a person is charged with an indictable offence and he is committed for trial for the offence concerned,
(a) a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (serious or complex fraud),
(ab) a person is charged with an indictable offence and proceedings for the trial of the person on the charge concerned are transferred to the Crown Court by virtue of a notice of transfer given under Article 4 of the Children's Evidence (Northern Ireland) Order 1995 (certain cases involving children),'.
95

Page 46, line 21, leave out paragraph 5 and insert--


'5.--(1) In section 5(2) for "section 5(9) of the Criminal Justice Act 1987" substitute "Article 4(7) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988".
(2) In section 5(2A) for "paragraph 4 of Schedule 6 to the Criminal Justice Act 1991" substitute "paragraph 3 of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995".'
96

Page 46, line 35, at end insert--


'5A. In section (Time limits: transitional) (1) for "the bill of indictment is preferred" substitute "the indictment is presented".
5B. After section 11 there shall be inserted--

"Public interest: review for scheduled offences.

11A.--(1) This section applies where this Part applies by virtue of section 1(2) and the offence charged is a scheduled offence within the meaning of section 1 of the Northern Ireland (Emergency Provisions) Act 1996.
(2) At any time--
(a) after a court makes an order under section 3(6), 7(5), 8(5) or 9(8), and
(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned,
the accused may apply to the court for a review of the question whether it is still not in the public interest to disclose material affected by its order.
(3) In such a case the court must review that question, and if it concludes that it is in the public interest to disclose material to any extent--
(a) it shall so order; and
(b) it shall take such steps as are reasonable to inform the prosecutor of its order.
(4) Where the prosecutor is informed of an order made under subsection (3) he must act accordingly having regard to the provisions of this Part (unless he decides not to proceed with the case concerned)."
5C. In section 12(1) at the end add "and section 11A does not apply".
5D. In section (Applications: opportunity to be heard) after "11(2)" insert ", 11A(2)" and after "11(3)" insert ", 11A(3)".
5E. In section (Confidentiality of disclosed information)(1)(a) after "11" insert ", 11A".'

26 Jun 1996 : Column 993


97

Page 46, line 35, at end insert--


Next Section Back to Table of Contents Lords Hansard Home Page