Clause 8 - Trial by Special Tribunal
Northern Ireland (Offences) Bill
9:00 am
Nicholas Winterton (Macclesfield, Conservative)
With this it will be convenient to discuss the following: Amendment No. 108, in clause 18, page 9, line 39, leave out ‘Special Tribunal’ and insert ‘Crown Court’.
New clause 13—Trial in the Crown Court—
‘(1)A person who holds a certificate of eligibility shall be tried for a certified offence in the Crown Court.
(2)The Crown Court may, not under this section, try any offence that is not a certified offence.
(3)There is an obligation on a defendant to appear before the Crown Court.’.
New clause 17—Trial in the Crown Court (No. 2)—
‘(1)A person who holds a certificate of eligibility shall be tried for the offences certified in that certificate in the Crown Court.
(2)Nothing in this Act shall affect the powers of the Crown Court with regard to the conduct of its proceedings and in particular its power to compel the attendance of the accused.
(3)Notwithstanding the Interception of Communications Act 1985, intercepted communications shall be admissible in proceedings concerning a person who holds a certificate of eligibility and subject to the overriding control of the court may only be adduced by the prosecution.
(4)Intercepted communications shall not be subject to any form of discovery by the accused.’.
New clause 18—Trial in the Crown Court (No. 3)—
‘(1)A person who holds a certificate of eligibility shall be tried for a certified offence in the Crown Court.
(2)There is a legal obligation on a defendant to appear before the Court.
(3)Failure by the defendant to appear before the Court shall constitute a criminal offence.
(4)The Court may impose such trial conditions on the defendant as it deems necessary.’.
This is the penultimate sitting, and my colleague David Taylor will be in the Chair for the final sitting this afternoon. I thank members on both sides of the Committee for their co-operation during the deliberations that I have chaired. The Bill is difficult and controversial, but it appears that we are proceeding satisfactorily, and I hope that that will continue. I thank Hansard, the Clerks, the police and all those who have helped to ensure that the Committee has been able to conduct its business properly.