Clause 37 - Application by prosecution for
Criminal Justice Bill
3:00 pm
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss the following amendments:
No. 237, in
clause 37, page 24, line 29, leave out 'must' and insert 'may'.
No. 238, in
clause 37, page 24, line 32, leave out
'the complexity of the trial or'.
No. 239, in
clause 37, page 24, line 32, leave out
'or the length of the trial'.
No. 240, in
clause 37, page 24, line 32, leave out '(or both)'.
No. 272, in
clause 37, page 24, line 32, leave out from second 'trial' to end of line 38 and insert
'is likely to be such that—
(a) it may place an excessive burden upon the life of a typical juror; and
(b) after reasonable efforts have been made, no jury can be found for which it would not be an excessive burden.'.
No. 206, in
clause 37, page 24, line 34, leave out paragraph (a).
No. 241, in
clause 37, page 24, line 35, leave out
'in the interests of justice'.
No. 273, in
clause 37, page 24, line 39, leave out from first 'that' to 'will' and insert
'the length of the trial'.
No. 243, in
clause 37, page 24, line 43, leave out 'or commercial'.
No. 244, in
clause 37, page 24, line 43, leave out
'or which relate to property'.
No. 245, in
clause 37, page 24, line 44, leave out 'nature or'.
No. 207, in
clause 37, page 25, line 1, leave out subsection (6) and insert—
'(6) Such an order may not be made unless—
(a) all steps which might reasonably be taken to reduce the complexity or length of the trial have been taken,
(b) the judge is satisfied that after such steps have been taken conditions (1) and (2) above continue to be met, and
(c) the judge is satisfied that such an order will not compromise the defendant's right to a fair trial.'.
No. 274, in
clause 37, page 25, line 3, leave out 'complexity or'.
No. 246, in
clause 37, page 25, line 4, leave out subsection (7).
No. 208, in
clause 37, page 25, line 5, at end insert 'or the defence'.
No. 254, in
clause 37, page 25, line 6, at end add—
'(8) the length of the proposed trial shall not be considered by the judge unless
(a) the Prosecution and Defence have jointly advised that the trial is likely to be longer than 12 months, and
(b) the Judge takes the same view, and
(c) the Judge is satisfied that it is not reasonably practicable to impound a Jury.'.