New clause 21 - Procedure for determining fitness to be tried: Northern Ireland
Domestic Violence, Crime and Victims Bill [Lords]
10:15 am
'(1) The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) is amended as follows.
(2) In Article 49 (finding of unfitness to be tried), in paragraph (4) (question of fitness to be determined by a jury), for the words from ''by a jury'' to the end substitute ''by the court without a jury''.
(3) In paragraph (4A) of that Article, for ''A jury'' substitute ''The court''.
(4) In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for ''jury'' substitute ''court''.
(5) For paragraph (5) of that Article substitute—
''(5) Where the question of fitness to be tried was determined after arraignment of the accused, the determination under paragraph (2) is to be made by the jury by whom he was being tried.'' '.—[Paul Goggins.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 11, Noes 5.
Division number 4 - 11 yes, 5 no
Voting yes: Vera Baird, Ann Cryer, Hilton Dawson, Paul Goggins, John Heppell, Huw Irranca-Davies, Ann Keen, Christopher Leslie, Julie Morgan, Kali Mountford, Meg Munn
Voting no: Cheryl Gillan, Dominic Grieve, David Heath, Lady Hermon, Robert Walter