Clause 38 - Application by prosecution for trial to be
Criminal Justice Bill
5:40 pm
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss the following amendments:
No. 209, in
clause 38, page 25, line 14, leave out 'either or both of' and insert 'both'.
No. 210, in
clause 38, page 25, line 16, leave out 'must' and insert 'may'.
No. 247, in
clause 38, page 25, line 18, leave out 'real and present danger' and insert
'there is evidence to satisfy the judge on the balance of probabilities'.
No. 211, in
clause 38, page 25, line 18, leave out 'danger' and insert 'evidence'.
No. 212, in
clause 38, page 25, line 18, after second 'that', insert 'serious'.
No. 248, in
clause 38, page 25, line 25, leave out subsection (6).
No. 213, in
clause 38, page 25, line 27, leave out from 'the' to end of line 29 and insert
'judge is satisfied that there is sufficient evidence indicating that jury tampering will take place.'.
No. 214, in
clause 38, page 25, line 29, at end insert—
'(7) Such an order may not be made unless—
(a) all steps which might reasonably be taken to prevent jury tampering have been taken,
(b) the judge is satisfied that after such steps have been taken conditions (1), (2) and (3) above continue to be met,
(c) the judge is satisfied that such an order will not compromise the defendant's right to a fair trial.'.