Police, Crime, Sentencing and Courts Bill - Report (4th Day) (Continued) – in the House of Lords at 10:15 pm on 10 January 2022.
Moved by Lord Pannick
97CA: Clause 170, page 193, leave out lines 16 to 18 and insert—“(2) Subsection (1) does not apply to a jury or to members of a jury.”Member’s explanatory statementThis amendment would prevent a criminal trial proceeding with the jury (or members of the jury) in a different physical location to the judge, witnesses or counsel.
My Lords, I am grateful to all noble Lords who have contributed to this important debate, not least the Minister. In the debate your Lordships have heard that there is, at least, a very substantial risk that the jury being remote from the rest of the trial would damage its ability to perform its functions. The question, then, is whether there is a compelling need for this proposed new power. The Minister very fairly confirmed that there is no current intention to implement the proposed power. I suggest that if and when there is any such intention, that will be the time to determine whether it is appropriate, in such circumstances, to confer such a sensitive and controversial power. Ministers should not be given such powers on a so-called future-proofing basis—to use the Minister’s term. I wish to test the opinion of the House.
Ayes 50, Noes 122.