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Amendments to the Criminal Justice (Mode of Trial) Bill [H.L.]

Criminal Justice (Mode of Trial) Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Criminal Justice (Mode of Trial) Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER
THE BARONESS KENNEDY OF THE SHAWS
 
1     Page 1, line 9, at end insert ("and on the application of the accused, shall order that he be tried on indictment") 
  
BY THE LORD SIMON OF GLAISDALE
 
2     Page 1, line 13, leave out from ("regard") to ("to") in line 14 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
3     Page 1, line 20, leave out ("punishment") and insert ("penalty") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
4     Page 1, leave out lines 23 to 26 
  
BY THE VISCOUNT TENBY
 
5     Page 1, line 23, leave out from beginning to end of line 4 on page 2 
  
BY THE LORD BASSAM OF BRIGHTON
 
6     Page 1, line 23, leave out from beginning to ("as") in line 24 and insert ("the likelihood of the accused's livelihood, or prospects of obtaining a livelihood, being substantially diminished or substantially affected") 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
7     Page 1, line 25, leave out from first ("of") to end of line 26 and insert ("the kind or magnitude of penalty likely to be imposed by a court on conviction;") 
  
BY THE LORD BASSAM OF BRIGHTON
 
8     Page 2, line 1, leave out ("whether the accused's reputation would be") and insert ("the likelihood of the accused's reputation being (at any time)") 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
9     Page 2, leave out lines 3 and 4 and insert ("the kind or magnitude of penalty likely to be imposed by a court on conviction; and") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
10     Page 2, line 4, after ("conviction;") insert--
    ("(  )  whether the trial is likely to last for more than two days;")
 
  
BY THE VISCOUNT TENBY
 
11     Page 2, leave out lines 7 to 19 
  
BY THE LORD SIMON OF GLAISDALE
 
12     Page 2, line 9, after ("if") insert (", but only if,") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
13     Page 2, line 10, leave out from ("accused") to end of line 12 
14     Page 2, line 12, leave out ("(3)(e)") and insert ("(3)(c)") 
15     Page 2, line 13, after ("peace") insert ("from whom there has been an appeal under section 20(4) below or") 
16     Page 2, line 21, after ("decision") insert ("and the reasons for it") 
  
BY THE LORD COPE OF BERKELEY
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER
THE BARONESS KENNEDY OF THE SHAWS
 
17     Page 2, line 24, leave out from ("summarily") to ("the") in line 25 and insert ("and the accused does not apply to be tried on indictment, then") 
18     Page 2, line 28, after ("indictment") insert (", or the accused applies to be tried on indictment,") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
19     Page 2, line 29, at end insert--
 
    ("(3A)  If the accused made representations under section 19(2)(a) above that he should be tried on indictment but the court decides that he ought to be tried summarily, the court shall inform him of the reasons for its decision.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD THOMAS OF GRESFORD
THE LORD ACKNER
THE BARONESS KENNEDY OF THE SHAWS
 
20     Page 2, leave out lines 30 to 38 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
21     Page 2, line 30, at beginning insert ("Within 7 days of being informed of a decision and the reasons for it under subsection (1) above,") 
22     Page 2, line 30, at beginning insert ("Within 7 days of being informed of a decision under subsection (2) above and the reasons for it under subsection (3A) above,") 
23     Page 2, line 36, at end insert--
 
    ("(  )  An appeal under subsection (4) shall be heard by a Judge of the Crown Court sitting alone in open court.")
 
24     Page 2, line 36, at end insert--
 
    ("(  )  For the purposes of an appeal to the Crown Court against a decision of a magistrates' court under section 19(4) above that he ought to be tried summarily, the accused may, with reasonable cause, require primary or secondary disclosure, or both, of a kind which would have been allowed if the offence had been committed for trial on indictment.")
 
25     Page 2, line 38, at end insert--
 
    ("(  )  If an appeal under subsection (4) is dismissed, the Judge shall inform the accused of the reasons for his decision.")
 
  
BY THE LORD SIMON OF GLAISDALE
 
26     Page 3, leave out lines 3 to 5 
27     Page 3, line 23, leave out from ("representations") to end of line 24 
28     Page 3, line 41, leave out from ("above") to end of line 42 
  
BY THE LORD SIMON OF GLAISDALE
THE LORD THOMAS OF GRESFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. 
  
Clause 2
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. 
  
Clause 3
 
  
BY THE LORD BORRIE
THE LORD ARCHER OF SANDWELL
 
29     Page 4, line 18, at end insert ("but not before a study of the working of juries in criminal trials has been completed in accordance with a research programme approved by the Lord Chief Justice of England") 
  
Schedule 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
30     Page 7, line 33, at end insert-- 
 ("Legal Aid Act 1988 
       .  After section 21(3)(d) of the Legal Aid Act 1988 (availability of representation) there shall be inserted--
    (e)  where a person wishes to appeal to the Crown Court pursuant to section 20(4) of the Magistrates Court Act 1980."")
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the first Schedule to the Bill. 
  
Schedule 2
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the second Schedule to the Bill. 
 
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